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Failing to reverse a wrong M-Pesa transaction will attract a fine of up to Sh200,000 or a 2-year prison term or both, the Computer and Cyber Crimes Act, 2018 which was ratified by President Kenyatta on Wednesday states.
The new law has spelled out tough consequences for individuals who defraud others especially through mobile money transfer platforms such as M-Pesa.
Anyone found to have intentionally hidden or hoarded electronic messages, electronic payments, credit and debit card details sent to them by mistake will be in breach of the law, section 34 of the law states. In this case, a the culprit is liable to a fine of Sh200,000 or 2 years in prison or both.
Section 36 of the Act further states that anyone who unlawfully destroys any electronic email or processes through which cash or information is being conveyed commits an offense and is liable to a Sh200,000 fine or a prison sentence of up to seven years or both.
Last December, an Embu Court handed a woman a six-month prison sentence for failing to return Sh27,140 that was accidentally sent to her M-Pesa account.
Margaret Njeri received the cash from Richard Mbui, but went ahead to withdraw it even after the sender requested her to return it. She was also fined Sh40,000 for the crime.