What began as a mistaken mobile money transfer ended in a criminal conviction for Mary Nanjala and Roselyne Nyongesa after they retained KSh33,952.10 that had been erroneously sent to Nanjala’s phone from a bank account.
Instead of immediately reporting the mistaken transfer or seeking a reversal, Nanjala transferred the money to Nyongesa, who subsequently spent most of the funds.
The sender promptly reported the erroneous transaction to the authorities, triggering a digital trail that led to the arrest of the two women and their subsequent appearance before the Milimani Law Courts in Nairobi.
Both Nanjala and Nyongesa pleaded guilty to charges under Kenya’s Computer Misuse and Cybercrimes Act relating to the intentional retention of money sent through an electronic payment system by mistake.
Although the two women were willing to repay the full amount, their decision to retain the funds had already triggered criminal proceedings.
The case highlights the legal risks associated with keeping money that has been mistakenly transferred to a mobile money or bank account. Under Kenyan law, intentionally retaining an erroneous electronic payment can attract a fine of up to KSh200,000 or imprisonment for up to two years.
The case also serves as a warning to mobile money users who receive unexpected funds: rather than spending or transferring the money, recipients should promptly notify their service provider or the relevant financial institution and follow the official reversal process.
With electronic transactions leaving digital records, mistaken transfers can be traced through transaction details and related account activity. What may initially appear to be an unexpected windfall can therefore quickly become a legal matter when the recipient knowingly chooses to keep the money.
