A Dutch national, Elwin Ter Horst, who was arrested two weeks ago for assaulting a police officer and a woman in Diani, Kwale County was released unconditionally.
This was after the Kwale Law Court determined that he is unfit to stand trial due to health reasons.
Senior Resident Magistrate Joy Mutimba delivered the ruling on Friday after receiving a medical report from Port Reitz Hospital, which indicated that the accused suffers from bipolar disorder and another health condition that prevents him from taking a plea.
Ter Horst had been facing four charges, including drug trafficking, assault causing bodily harm, malicious property damage, and creating a disturbance.
He was captured in a video verbally attacking, humiliating and spitting at a police officer at the Diani Police Station and was detained for 14 days.
This came after Senior Assistant Director of Public Prosecutions (SADPP) Rosemary Nandi asked the court for more time to complete the investigations into the matter.
He was also accused of assaulting his Kenyan girlfriend, Angela Atieno, in a separate incident.
The National Police Service (NPS) later condemned the harassment of police officers after a viral video of the foreigner shouting at officers, hurling insults and spitting on a male police officer in the station emerged online.
In a strongly worded statement, NPS Spokesperson Muchiri Nyaga described the conduct as “crass, despicable, and utterly unacceptable behaviour,” adding that such behaviour undermines the integrity and dignity of law enforcement service.
He further commended the officers involved for their “restraint and professionalism” despite the provocation, noting that their conduct reflects the “high level of discipline and maturity” expected of officers.
The foreigner apologized for his conduct and cited his condition.
This means he could be told to leave the country anytime. The Dutch embassy in Kenya was pursuing the case and wanted the man be deported.
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