A Dutch national who was caught on video assaulted two police officers at Diani Police Station in Kwale County has been set free after court ruled that he is not fit for trial.
A Kwale court on Friday, November 14, noted that Elwin Ter Horst would not be charged with the alleged abuse, having been declared unfit to stand trial due to bipolar disorder.
Bipolar disorder is a mental health condition that is characterised by extreme mood swings that include high energy and depressive episodes.
The high-energy episodes include feeling extremely happy, talking very quickly and less need for sleep, while depressive symptoms include feeling sad and hopeless.
While bipolar condition is considered a lifetime mental illness, early treatment or medication can significantly reduce the frequency and severity of the disorder.
Kwale Senior Resident Magistrate Joy Mutimba delivered the ruling after receiving Horst's medical report, which established that the accused suffers from bipolar disorder, which hinders him from taking a plea.
Court reports indicate that the Dutchman had been charged on several accounts, including allegations of drug trafficking, assault causing bodily harm, destruction of property, and creating a disturbance.
Following the diagnosis and medical assessment, the Kwale court ordered his immediate and unconditional release, with the case file potentially closed.
Horst was arrested on October 29, this year, after a clip of him allegedly assaulting two police officers went viral on social media platforms, triggering public outrage.
In the video, the foreigner was captured spitting on the two officers, who remained calm as they watched helplessly, hoping he would cool down.
The National Police Service (NPS) later released a statement condemning the foreigner's actions, urging Kenyans to channel any grievances through the right channels instead of resorting to violence.
"The Service urges members of the public to cooperate with police officers and to channel any grievances or complaints through accountability mechanisms, rather than resorting to abusive or violent behaviour," the Police Spokesperson stated.
