Nairobi — A Dutch national captured in a viral video assaulting two police officers at Diani Police Station has been released without charges after a mental health evaluation determined he suffers from bipolar disorder.
A Kwale court on Friday ruled that Elwin Ter Horst was unfit to stand trial on allegations of drug trafficking and assault.
Senior Resident Magistrate Joy Mutimba directed that Horst be handed over to the Netherlands Embassy in Nairobi for further administrative action.
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Addressing the court, Horst apologised for his behaviour and acknowledged that his actions were unacceptable.
"My sincere apologies. I want to say sorry. It was wrong. It is not what I want to do. I want to live peacefully and happily in Kenya. I recently decided to move to this country because I love the people in Kenya," he said.
Horst was arrested on October 29 after a video widely circulated online showed him spitting on two police officers, who maintained calm and restraint throughout the confrontation.
Following the viral incident, the National Police Service (NPS) issued a statement strongly condemning his conduct.
Abusive
According to NPS, the altercation occurred on October 28, 2025, at Diani Police Station, where Horst verbally abused and publicly harassed officers performing their lawful duties.
NPS described his actions as "crass, despicable, and utterly unacceptable," noting that any attack--verbal or physical--against police officers undermines the rule of law, public order, and the dignity of the service.
The Service commended the officers for their professionalism despite extreme provocation, stating that their restraint reflects progress made under ongoing police reforms aimed at enhancing accountability, discipline, and respect for human rights.
"The restraint demonstrated by the officers highlights the remarkable progress achieved through ongoing police reforms," NPS Spokesperson Muchiri Nyaga said.
NPS reiterated its commitment to upholding the law while urging the public to respect officers and use established complaint channels instead of resorting to abusive behaviour.
