In a recent ruling, on Friday the Mombasa court sentenced a 27-year-old boda boda rider, Samuel Mwithiga Wanjiku, to seven years in prison for retaining KES 200,000 mistakenly sent to his Mpesa account. The sentence was handed down by Mombasa Senior Resident Magistrate David Odhiambo after Wanjiku pleaded guilty to the charges.
Wanjiku was charged under Section 35 of the Computer Misuse and Cybercrime Act 2018 for intentionally withholding payment delivered erroneously. The incident occurred on June 14, 2024, when the electronic payment, meant for Phina Habare Buya, was mistakenly sent to Wanjiku’s Mpesa account by a complainant based in Texas, USA.
Following his arrest in Nyandarua, Wanjiku was transported to Mombasa for processing. In his defense, Wanjiku explained that upon receiving the money, he informed his family that he had won a lottery. He then used the funds to purchase a motorcycle, open a hair salon for his wife, and gift his mother Kes 50,000.
“After I received the money, I blocked the sender and bought myself a boda boda since I had been employed by someone else as a rider. When my family inquired about the source of the money, I told them I had won a lottery,” Wanjiku told the court. He admitted to blocking the sender due to frequent calls demanding the refund.
The Computer and Cyber Crimes Act 2018 stipulates that failing to reverse an Mpesa transaction done by mistake can result in a fine of KES 200,000, a jail term of more than a year, or both. Wanjiku has been granted 14 days to appeal his sentence.
