Hardware man in trouble for spending Sh140k mistakenly sent to his phone
A hardware employee who allegedly withheld Sh140, 000 mistakenly sent to his M-Pesa account is facing charges of charged with intentionally withholding payment delivered erroneously contrary to section 35 of the computer misuse and cybercrime Act of 2018.
Tony Munyoki Kimanzi has been charged with withholding electronic payment after receiving the money delivered to his mobile number by Abdikadir Muhumed from his M-banking Equity Bank account on December 25, 2023, which ought to have been delivered to a different person.
Mr Muhumed was transferring the cash as he made some payments when he entered wrong digits and the cash was delivered to Mr Kimanzi.
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After realizing his mistake, Mr Muhumed attempted contacting Mr Kimanzi seeking a reversal of the transaction but the accused had switched off his phone.
For the next two days he attempted in vain to reach the accused person prompting him to report the matter at Shauri Moyo Police Station and the case was taken over by the Directorate of Criminal Investigations (DCI) who traced and arrested Mr Kimanzi in Kitengela, Kajiado County where he was working in a hardware store.
Mr Kimanzi denied the charges before Senior Principal Magistrate Mary Njagi of Makadara Law Courts and was released on a bond of Sh100,000 without an option of a cash bail. The case will be mentioned on March 28, 2023 before hearing starts on June 22, 2023.
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Mr Kimanzi was charged barely two weeks after a matatu driver who allegedly spent Sh110,000 erroneously sent to his M-Pesa account was similarly charged with unlawful retention of electronic money.
Mr Geoffrey Waiyaki was on January 16, 2023 charged with retaining the cash delivered to him via bank transfer by Ms Lilian Muthoni on October 8, 2022 – which Ms Muthoni wanted to transfer to her M-Pesa account.
Ms Muthoni had withdrawn the cash from her bank intending to deposit the same to her M-Pesa account but entered one wrong digit and the money went to Mr Waiyaki. The case is still pending before the court.
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