Have you ever received money through M-Pesa or Airtel money erroneously? Or rather, have you ever sent money to the wrong number?
The former was the case for Stephen Gioko Mwangi who received Sh140,000 in his mobile account, money which was sent to him by mistake.
Instead of reversing the transfer, Mwangi decided to spend the money as if it was his.
Unfortunately for him, he was arrested and charged with theft of the amount and with withholding a message delivered erroneously to him, contrary to the law.
After the trial, Mwangi was found guilty of the offenses and the court sentenced him to a fine of Sh140,000 in default to serve two years imprisonment for theft.
On the second count, the man was ordered to pay Sh50,000 or in default serve six months in prison.
The verdict by a Kibera Court Senior Resident Magistrate was dated October 31, 2022.
Aggrieved by the court's decision, Mwangi moved to Milimani High Court seeking revision of the sentence through a notice dated March 20, 2023.
Appearing before Judge Kanyi Kimondo, the man argued that the fine was excessive and that he deserved a more lenient term, to wit a non-custodial sentence.
Mwangi did not find out as the court agreed with the judgement of the trial court.
Judge Kanyi noted that since the man refused to reverse the transaction and instead converted the proceeds for his own use, he could not argue that the equivalent fine was excessive.
He further stated that even though Mwangi was a first offender, his crimes called for a deterrent sentence.
"The punishment was also well within the law. I thus decline to disturb it," the court documents read.
In the ruling delivered on October 19, 2023, Justice Kanyi went on to dismiss the notice and directed that the same be notified to both Mwangi and the Director of Public Prosecutions.
