Police in Mombasa have arrested a man for withholding Sh15,000 that was wrongfully sent to his MPesa account.
On February 25, Chrispine Tabu had missed a couple of digits and accidentally sent the cash to Mdata Mwanongo Mnyambu.
He had intended to wire the funds to his wife through his I and M Bank account.
Attempts by Tabu to request Mdata to revert the funds were futile as Mdata decided to ignore his calls and later blocked him.
For three weeks, he tried to contact Mdata, but he was unsuccessful which forced him to report the matter to Muthaiga Police Station. The matter was recorded under OB number 31/25/2025.
DCI sleuths took over the matter and in operation with detectives from Makupa police station arrested Mdata in Likoni Mombasa.Mdata is a driver who plies along Likoni-Mbita (Kwale) route
Mdata was yesterday arrested and placed in police custody at Makupa police station pending transfer to Nairobi to face charges Computer Misuse and Cybercrimes offences.
On May 16, 2018, President Uhuru signed into law the Computer Misuse and Cybercrimes Act.
Section 35 of the Act made it illegal for individuals to withdraw or withhold money accidentally sent to them electronically.
The Computer and Cyber Crimes Act, 2018 provides that Failing to reverse an M-Pesa transaction done by mistake will see Kenyans pay a Sh200,000 fine or be jailed for two years, or both.
Section 34 of the Act targets those who intentionally hide or hold electronic messages, electronic payments, credit and debit card details sent in error.
Section 36 states that a person who unlawfully destroys or aborts any electronic email or processes through which money or information is being conveyed commits an offence.
In 2021, a woman in Nairobi was sentenced to serve a two-year prison term for failing to refund money accidentally sent to her.
Esther Karimi Muthoni’s case has become a classic example of why keeping accidentally sent money could be costly.
She had received Sh271,200 in her agency account from Bakar Hussein Mohamed but willingly declined to refund the funds.
Written By: Peter Maseke.
