A man found himself facing a theft charge for not returning funds mistakenly transferred to his account. In a decision handed down by the Kibera Court Senior Resident Magistrate Stephen Gioko Mwangi was sentenced to pay a fine of Sh140,000 or serve two years in prison for theft.
Additionally, he was ordered to pay Sh50,000 or spend six months behind bars for withholding a message delivered to him in error.
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The story began when Mwangi received KSh 140,000 in his mobile money account, sent to him by mistake. Instead of taking steps to return the money, Mwangi chose to spend it as if it were his own.
After a trial, Mwangi was found guilty of both offenses. However, not content with the court’s decision, he took the matter to the Milimani High Court, seeking a revision of the sentence. His plea, made through a notice dated March 20, 2023, argued that the fines imposed were excessive and that he deserved a more lenient, non-custodial sentence.
Appearing before Judge Kanyi Kimondo, Mwangi’s plea was met with an unfavorable response. The judge maintained that the fine was appropriate, considering that Mwangi had refused to reverse the transaction and had converted the proceeds for his personal use.
“Mr. Mwangi’s actions were in violation of the law. The punishment imposed was well within the legal framework,” Judge Kanyi stated in his ruling delivered on October 19, 2023. “Even though he is a first-time offender, his crimes called for a deterrent sentence.”
The verdict serves as a significant legal precedent in Kenya, emphasizing the importance of returning money received in error through mobile money services like M-Pesa and Airtel Money.
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In response to the court’s decision, Mwangi’s legal counsel expressed disappointment but confirmed that they would respect the court’s ruling. Mwangi himself declined to comment after the verdict was upheld.
