A Dutch national filmed assaulting two police officers at Diani Police Station has been released after a Kwale court ruled he is mentally unfit to stand trial.

Elwin Ter Horst, whose arrest on 29 October sparked widespread fury online, was freed on Friday after Senior Resident Magistrate Joy Mutimba accepted a medical report showing he suffers from bipolar disorder. The condition, the report noted, affects his ability to understand proceedings or take a plea.

Horst had faced several charges, including assault causing bodily harm, drug-related offences, destruction of property and creating a disturbance. But after the medical assessment was submitted, the court ordered his immediate and unconditional release. The case file may now be closed.

The ruling follows days of heated discussion both on and offline, largely driven by a video that circulated widely across social media. In the clip, Horst is seen spitting at two police officers as they attempt to calm him. The officers are visibly restrained, standing back as the confrontation unfolds.

Bipolar disorder is a long-term mental condition marked by dramatic shifts in mood, from elevated energy to deep depressive episodes. While lifelong, treatment and medication can help manage the condition and reduce the severity of its symptoms.

The National Police Service later issued a statement condemning the behaviour captured in the video. “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 spokesperson said.

Horst’s release is expected to raise further debate about mental health, justice and accountability—particularly when viral incidents shape public opinion long before courts make their determinations.