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Man jailed for failing to return mobile money

A man will cool his heels behind prison for three months after failing to return mobile money sent to him mistakenly.

Martha Nanzushi, the Principle Chief Magistrate in charge of the hearing, sentenced Cyrus Maithya to three months in jail.

The magistrate asked Maithya to return the money to the owner, but he said he had already spent the cash.

Prior to his sentencing, Maithya, charged with two counts of theft, pleaded with the court to spare him.

“I have two children who depend on me, please pardon my mistakes,” implored the suspect.

According to Section 34 of the Computer and Cyber Crimes Act, 2018, earmarks those who intentionally hold or hide electronic payment, electronic messages, and credit or debit cards by error.

At the same time, section 36 of the Act states a person who destroys material containing payment made to them mistakenly also commits a crime.

In a similar case, a woman received a six-month jail term in 2017 for illegally spending Ksh 27,140 sent to her mistakenly through a mobile money app.

Despite the sender requesting Margaret Njeri to send the money, she withdrew and used up the funds,

Because she couldn’t pay the Ksh 40,000 fine, she was taken Embu cells to serve her term.

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