Court rules Dutch national Elwin Ter Horst unfit to stand trial
Doctors concluded that Ter Horst has bipolar disorder and an additional illness that prevents him from understanding or responding to court charges, making a plea impossible under current conditions.
A Kwale court has dropped all proceedings against Dutch national Elwin Ter Horst after a medical report declared that he cannot stand trial, closing a case that began with his dramatic arrest at the Diani Police Station.
The decision ends a two-week standoff over his detention, which had drawn public attention after video footage of his confrontation with police spread online.
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Senior Resident Magistrate Joy Mutimba made the announcement on Friday, relying on findings from Port Reitz Hospital.
Doctors concluded that Ter Horst has bipolar disorder and an additional illness that prevents him from understanding or responding to court charges, making a plea impossible under current conditions.
Before the ruling, Ter Horst had been facing four counts, including assault causing harm, damaging property, drug trafficking and creating a disturbance.
He had been in custody for 14 days as prosecutors sought to finalise investigations, with Senior Assistant Director of Public Prosecutions Rosemary Nandi requesting more time to complete the inquiries.
The Dutch national was also linked to a separate allegation involving an assault on his Kenyan girlfriend, Angela Atieno.
Public debate intensified after a widely shared video showed him shouting, insulting and spitting at a police officer inside the station, prompting strong reactions from Kenyans and security officials.
Following the incident, the National Police Service (NPS) issued a statement criticising the behaviour and stressing that such actions demean officers and the service as a whole.
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