A complaint that triggered a Directorate of Criminal Investigations (DCI) probe into media reports questioning a man's HIV diagnosis and later testimony that he tested HIV-negative, has been withdrawn after the complainant opted to forgive those involved instead of pursuing criminal charges.
Speaking during a press briefing on Sunday, lawyer Danstan Omari said his client, Peter Oyan, had formally asked the Office of the Director of Public Prosecutions (ODPP) to discontinue the matter despite investigations having been completed.
"Our client has decided to forgive and not pursue criminal proceedings. He has communicated this position to the ODPP, which has accepted the withdrawal of the complaint," Omari said.
The complaint arose from media reports published on February 8, 2026, which questioned Oyan's account that he had been diagnosed with HIV before later testing negative after attending a religious gathering. His legal team said the publications cast doubt on both his medical history and personal credibility.
According to the lawyers, the DCI launched investigations to establish whether Oyan had indeed been diagnosed with HIV, enrolled in the government's treatment programme and placed on antiretroviral therapy (ARVs), as well as whether subsequent medical tests confirmed he was HIV-negative.
To facilitate the inquiry, investigators obtained court orders through Criminal Miscellaneous Application No. E009 of 2026 before the Chief Magistrate's Court in Rumuruti, allowing them to access medical records, including the National AIDS and STI Control Programme (NASCOP) Antiretroviral Therapy (ART) Register at Rumuruti Sub-County Hospital.
"The official government records confirmed that Mr Oyan was enrolled on HIV care on May 3, 2012, at WHO Clinical Stage III and commenced on antiretroviral treatment in accordance with Ministry of Health guidelines," the lawyers said.
They added that the records contradicted reports alleging that Oyan's name did not appear in the hospital's ART register.
The legal team further said investigators established that Oyan remained on HIV treatment for about two years before undergoing fresh testing.
According to the lawyers, the DCI also secured court orders authorising fresh HIV tests at the Kenya Medical Research Institute (KEMRI). They said Oyan, his wife and daughter were tested, with all three returning HIV-negative results.
Investigators also recorded statements from healthcare workers, members of an HIV support group and the clinician who reportedly diagnosed Oyan in 2012.
"The clinician confirmed that Oyan initially tested HIV-positive and later returned for another test after attending a religious meeting in Eldoret in April 2014, where he tested HIV-negative," the lawyers said.
After completing the investigations, the DCI forwarded the file to the ODPP for consideration of possible criminal charges. However, before a decision on prosecution could be made, Oyan informed prosecutors that he no longer wished to proceed with the complaint.
The ODPP subsequently accepted the withdrawal request, bringing the matter to an end.
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