A Dutch national, is unfit to stand trial due to health challenges. This is according to the ruling delivered on Friday , November 14, by the Senior Resident Magistrate Joy Mutimba of Kwale Law Courts ruled.
Two weeks ago, Elwin Ter Horst, had been arrested in Diani, Kwale County for assaulting a police officer as well as a woman said to be his partner.
A medical report from Port Reitz Hospital, indicated that the accused suffers from a mental disorder including other health condition thus making him unfit for trial.
in the charge sheet, Ter Horst had been facing four charges, drug trafficking, assault causing bodily harm, malicious damage to property, and creating a disturbance in a manner likely to cause breach of peace.
The Dutch man was captured on the footage insulting and spitting a police officer in the most humiliating manner while in custody at the Diani Police station. he was in detention for 14 days following prosecution’s plea to have more time to investigate him
He was also accused of assaulting his Kenyan girlfriend, Angela Atieno.
The National Police Service (NPS) would condemned the harassment following the video of Ter Horst insulting and spitting on the officers.
In a strongly worded statement, NPS Spokesperson Muchiri Nyaga described the conduct as a crass, despicable, and utterly unacceptable behavior, which undermined the integrity and dignity of law enforcement service.
Nyaga on the contrary hailed police officers for exercising their professionalism despite being provoked, equating the conduct to a high level of discipline and maturity.



