March 23, 2019

Its jail term or Sh200, 000 fine for failing to reverse wrong M-Pesa transaction

It is now an offence to hold money wrongly sent to your phone via mobile money platform. []

Failing to reverse wrongly transferred M-Pesa money could land you in prison for two years or pay a hefty fine of Sh200, 000 going by the new Cybercrime Law.

The Computer and Cyber Act, 2018 was ascended to on Wednesday by President Uhuru Kenyatta seeking to rein in on cybercrime fraudsters.

The new law has spelled out harsh disciplinary measures for Kenyans in the habit of conning others through mobile money transfer platforms, M-Pesa being the most common.

Section 34 of the Act clearly stipulates that’s anyone who intentionally hides or hoards electronic messages, electronic payments, credit and debit card details sent in error will be in breach of the law.

Section 36 of the Act further according to the Star states that a person who unlawfully destroys or aborts any electronic email or processes through which money or information is being conveyed commits an offense.

Section 31 of the Act states that anyone who unlawfully destroys or aborts an electronic mail or process through which money or information is conveyed commits an offense which in this case, the culprit is liable to pay Sh200, 000 fine of a jail term of up to seven years or both.

Last year in December, an Embu Court jailed a woman for six months for failing to return Sh27,140 that was accidentally sent to her M-Pesa account.

Margaret Njeri accidentally received the money sent to her by Richard Mbui and went ahead to use it. She was also fined Sh40, 000 for the crime.



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