By MIchelle Ndaga
A court in Kwale County has unconditionally released 47‑year‑old Dutch national Elwin Ter Horst following a medical evaluation that found him unfit to stand trial on multiple charges. The ruling was handed down by Senior Resident Magistrate Joy Mutimba at the Kwale Law Courts.
Ter Horst had been arrested on October 28, 2025 at the Diani Police Station in Kwale County after a confrontation in which he verbally abused and physically assaulted police officers, according to police statements and widely circulated video footage. He was facing four charges including assaulting police, malicious damage to property, creating a disturbance and drug trafficking.
In court, a medical report from the Port Reitz Hospital confirmed Ter Horst suffers from bipolar disorder accompanied by an additional condition amounting to substance‑use issues, which judges ruled rendered him unable to understand or respond to legal proceedings.
As a result, the court terminated the prosecution and ordered his release into the care of the Netherlands Embassy in Nairobi for further administrative handling, possibly including deportation.
The National Police Service (NPS) officially condemned Ter Horst’s conduct, calling it “crass, despicable and utterly unacceptable behaviour” and commending the officers involved for maintaining restraint despite provocation.
The decision underscores legal and health‑policy intersections in Kenya’s justice system: while incidents of public misconduct by foreign nationals can spark public outrage, the courts are also bound to consider medical fitness before proceeding with trial.
