The Magistrate Court charged a man with computer misuse under the Computer and Cybercrime Act of 2018 for deliberately withholding Ksh140,000 that had been mistakenly sent to him.
During his arraignment on Friday, February 3, the suspect was accused of switching off his phone in December 2022, after he refused to reverse the funds.
The man who sent the funds stated that he had missed a couple of digits while making a transaction in December 25, 2022, funds he intended to send to someone else as payment for work done.
After an attempt to reach the accused for two consecutive days, the man stated that he was compelled to report the matter to the authorities.
Detectives who took over the case arrested the man at his hardware store in Kajiado days before he was arraigned.
The court released the accused on a bond of Ksh100,00 without an option of cash bail after he denied the charges against him.
After evidence was placed before the court, the magistrate set the case for mentioning on March 28, and hearing on June 22, 2023.
According to the Cybercrime Act 2018, it is illegal to refuse to reverse money sent to a person by mistake.
The Act states that “A person who unlawfully destroys or aborts any electronic email or processes through which money or information is conveyed commits an offence.”
Individuals who intentionally hide or hold electronic payments, credit and debit card details sent by mistake face a Ksh200,000 or a jail term of two years or both.
In a separate incident in October 2022, a man was charged at the Makadara Law Courts after pleading guilty to intentionally refusing to reverse Ksh56,100 sent to his phone by mistake.
He was further accused of switching off his phone after receiving the funds compelling the sender to file a case with the police. The accused admitted to withdrawing and spending the money.
