Dutchman Elwin Ter Horst at the Kwale Law Courts on October 30, 2025. /MUHURI/XA Kwale court has granted police 14 days to detain Dutchman Elwin Ter Horst, who is accused of assaulting officers at Diani police station.
Senior Resident Magistrate Joy Mutimba on Wednesday allowed an application by prosecutors seeking additional time to probe allegations ranging from assault and malicious damage to property to resisting arrest, creating a disturbance, and suspected drug trafficking.
Senior Assistant Director of Public Prosecutions Rosemary Nandi told the court that investigators needed more time to complete forensic analysis of evidence, record additional statements, and verify intelligence linking the suspect to other possible offences.
Nandi said the suspect’s conduct—captured on CCTV and widely shared online—had raised serious concerns about his behaviour and possible involvement in other criminal activities.
She cited the gravity of the charges and the public interest the case had generated, adding that detention was necessary to secure justice for victims and to protect the integrity of the investigations.
“The suspect’s continued detention is crucial to allow police to complete investigations into multiple counts, including assault, malicious property damage, resisting arrest, and possible drug-related activities,” she said.
Magistrate Mutimba, in her ruling, concurred with the prosecution, noting that the allegations were serious and that premature release could interfere with the ongoing investigations.
She directed that Ter Horst be held at Port police station in Mombasa until November 13, 2025, when the case will be mentioned for a status update.
Violent outburst and viral footage
Ter Horst, 47, was arrested on October 28 at Boma Banda Cottage in Diani following a violent disturbance during which he allegedly assaulted his Kenyan girlfriend.
It was while he was under arrest for the alleged offence that he went into a rage and attacked police officers who responded to the incident.
According to earlier police reports, the suspect had barricaded himself inside the cottage after damaging property and assaulting his girlfriend.
Officers eventually subdued and arrested him, recovering a whitish substance suspected to be narcotic drugs, which was forwarded to the government chemist for analysis.
The situation escalated after he was taken to Diani police station, where CCTV footage showed him hurling insults, blowing his nose toward officers, and smearing mucus on one officer’s trousers.
Despite his aggressive outburst, the two officers—a man and a woman—remained composed throughout, drawing public praise for their restraint.
The National Police Service (NPS) later condemned the suspect’s conduct, describing it as “crass, despicable, and utterly unacceptable.”
In a statement, NPS spokesperson Muchiri Nyaga commended the officers’ professionalism, linking their calm response to ongoing police reforms aimed at strengthening discipline, accountability, and respect for human rights.
“The Service commends the officers involved for their restraint and professionalism in the face of extreme provocation. Their conduct reflects the maturity expected of law enforcement officers and serves as a model for others to emulate,” Nyaga said.
Suspect apologises, blames psychosis
A day after his arrest, Ter Horst publicly apologised while being escorted to court, blaming his behaviour on a psychotic episode and lack of medication.
“I apologise. I was struggling with psychosis and needed my medicine. I had not had water or food for a long time,” he said, adding that he hoped to stay in Kenya and invest in local projects.
“I call on the people of Kenya to help me. I want to stay here, invest here and help the people of Kenya. I will have respect, my apologies for shouting.”
Despite the apology, police say the matter remains under active investigation, with detectives examining not only the assault and disturbance reports but also the possible link to drug offences.
The National Police Service reaffirmed its stance that any form of assault or obstruction against officers will attract firm legal action, regardless of the offender’s nationality.
“The service will not hesitate to take lawful action against any individual who undermines police authority or interferes with officers discharging their duties,” the NPS said, reiterating the need for mutual respect between law enforcement and the public.
Muslims for Human Rights (Muhuri) said it is closely following the case which has generated great public attention.
"Our concern is to ensure that justice is served fairly and the rule of law applies equally to both Kenyans and foreigners," the lobby said after attending the court session.
"We have also reached out to the suspect’s family and continue to monitor the situation from a human rights perspective," it added, noting that whereas the alleged act is unacceptable, the suspect is entitled to humane treatment and due process.
