Did you know that if someone mistakenly sends you money via M-Pesa and you fail to reverse it you risk a jail term of up to two years?
You might also be sentenced to a fine not exceeding Sh200,000, or both the fine and the aforementioned sentence.
This is according to Section 35 of The Computer Misuse and Cybercrimes Act, 2018.
It provides that withholding an M-Pesa message delivered erroneously to you is contrary to the law.
The Section states that "A person who intentionally hides or detains any electronic mail, message, electronic payment, credit and debit card which was found by the person or delivered to the person in error and which ought to be delivered to another person, commits an offence and is liable on conviction a fine not exceeding two hundred thousand shillings or imprisonment for a term not exceeding two years or to both."
Section 36 states that any person who unlawfully destroys or aborts any electronic mail or processes through which money or information is being conveyed commits an offence.
In Section 31 of the same law, unlawfully destroying such electronic mail can result in a more severe jail term.
The Section states that "A person who unlawfully destroys or aborts any electronic mail or processes through which money or information is being conveyed commits an offence and is liable on conviction to a fine not exceeding two hundred thousand shillings or to a term of imprisonment not exceeding seven years or to both."
Further, according to Section 268 of the Penal Code, using the money mistakenly sent to you results in theft.
Section 268 of the Code states that "A person who fraudulently and without claim of right takes anything capable of being stolen, or fraudulently converts to the use of any person, other than the general or special owner thereof, any property, is said to steal that thing or property."
This is punishable by the code - this means that any offence committed contrary to the Penal Code is punishable by the same.
On October 19, the High Court upheld a sentence imposed on a man who withheld and used Sh140,000 erroneously sent to his M-Pesa account.
Stephen Gioko Mwangi had been charged and sentenced in Kibera Court to a fine of Sh140,000 in default to serve two years imprisonment for theft.
He was sentenced to pay Sh50,000 or in default serve six months in prison for withholding the M-Pesa message.
When he moved to Milimani High Court seeking revision of the sentence, Judge Kanyi Kimondo turned the prayer down.
He stated that since the man refused to reverse the transaction and instead used it, he could not argue that the equivalent fine was excessive.
"Having converted the proceeds for his own use, it can now not fall from his lips that the equivalent fine was excessive. The punishment was also well within the law. I thus decline to disturb it," the judge ruled.
In another case on December 25, 2022, Tony Musyoki received an equal amount of Sh140,000 to his M-Pesa account.
When the sender, Muhumed Abdikadir tried to reach him, he found that Musyoki's phone was turned off.
He reported the incident to the police and Musyoki was arrested and charged before a Nairobi Court for withholding money erroneously sent to him.
In 2019, Stanley Irungu of Umoja, Nairobi, was charged with stealing Sh39,000 sent to him through M Pesa.
Irungu had received Sh60,000 and proceeded to withdraw Sh39,000 before Safaricom reversed the remaining Sh21,000.
He admitted to using the money and said he was willing to pay it back.
In some circumstances, one might miss a digit when transferring money transfer through M-Pesa and end up sending it so the wrong person.
Although there have been updates to the service compelling one to ensure that they do not press send to the wrong name, errors are still made.
In the case that you receive money that is not meant for you, you can contact Safaricom for assistance to reverse it.
"You can only Reverse Transactions done by your Own Mobile Number. if doing it on behalf of someone, kindly dial 234 or 100 for assistance," Safaricom said.