A Kenyan woman is facing up to 14 years in prison or a fine of up to KSh 5 million after allegedly refusing to return KSh 33,952.10 that was mistakenly sent to her M-Pesa account.
Mary Nanjala and Roselyne Namukuru Nyongesa were charged in court after the money was sent from a Co-operative Bank account belonging to Sila Omondi on December 5, 2024. Instead of returning the funds, Nanjala allegedly transferred KSh 33,000 to Nyongesa's M-Pesa account, where the money was used.
Charges and Court Proceedings
The two women were arraigned and pleaded guilty to charges under the Proceeds of Crime and Anti-Money Laundering Act and the Computer Misuse and Cybercrimes Act.
Nanjala faces charges under Section 35 of the Computer Misuse and Cybercrimes Act, which criminalises the intentional withholding of an electronic payment that has been erroneously made. Both women were also charged with acquisition of proceeds of crime contrary to Sections 4 and 16 of the Proceeds of Crime and Anti-Money Laundering Act.
During court proceedings, the accused told the magistrate they were willing to repay the money. The case has drawn attention because it demonstrates how quickly an unexpected M-Pesa payment can escalate into a serious criminal matter with severe penalties.
What the Law Says
Under Kenyan law, keeping money sent to your phone by mistake is not simply a disagreement between two M-Pesa users—it can become a criminal offence.
The Computer Misuse and Cybercrimes Act specifically addresses electronic payments delivered by error. Conviction can result in imprisonment of up to 14 years, a fine of up to KSh 5 million, or both, depending on the charges and circumstances.
Safaricom's M-Pesa terms state that customers who receive funds in error are required to return them and warn that using money received in error can result in criminal prosecution.
- Accused: Mary Nanjala and Roselyne Namukuru Nyongesa
- Amount: KSh 33,952.10 (sent in error)
- Date of Error: December 5, 2024
- Sender: Sila Omondi (Co-operative Bank account)
- Charges: Computer Misuse and Cybercrimes Act, Proceeds of Crime and Anti-Money Laundering Act
- Potential Penalty: Up to 14 years imprisonment or KSh 5 million fine
Switching Off Your Phone Won't Help
In this case, Nanjala reportedly switched off her phone after receiving the money, but this did not prevent investigators from tracing her.
M-Pesa transactions leave digital records that can assist investigations when a transaction is reported. Avoiding calls, switching off a phone or changing communication habits will not make the matter disappear.
What M-Pesa Users Should Do
If you receive an M-Pesa message showing someone has sent you money and you know you were not expecting it, experts and Safaricom advise the following:
- Do not spend the money
- Do not withdraw it
- Do not send it to another number
- Keep the transaction message
- Contact Safaricom through official customer-care channels for help with the reversal
How to Request an M-Pesa Reversal
Safaricom provides several ways to request a reversal when money is sent to the wrong number:
Option 1: Forward SMS to 456
- Locate the M-Pesa confirmation message in your inbox
- Forward the entire, unedited message to shortcode 456
- You will receive an acknowledgment SMS confirming the reversal process has started
- Updates on reversal status are typically provided within 2 hours
Option 2: Use the MySafaricom App
- Open the MySafaricom App and go to the M-Pesa tab
- Navigate to your transaction history
- Select the erroneous transaction
- Tap "Reverse Transaction" and follow the prompts
Option 3: Call Customer Care
- Dial 100 (for prepaid users) or 200 (for postpaid users)
- Speak to a customer care executive
- Provide the transaction code, recipient's number, amount sent, and date/time of transaction
Option 4: Dial 234#
- Dial *234# from your Safaricom line
- Select "My M-PESA Information" (Option 2)
- Choose "M-PESA Reversal" (Option 5)
- Input the 10-character M-PESA transaction code when prompted
If the recipient has not withdrawn or used the funds, reversals are typically processed within 2 to 24 hours when uncontested.
If You Sent Money to the Wrong Number
If you accidentally sent money to the wrong number, act quickly:
- Contact Safaricom immediately to request a reversal
- Have your transaction details ready (transaction code, amount, recipient number, date and time)
- The faster you report, the higher the likelihood of full recovery before the money is withdrawn
- Safaricom has clarified that M-Pesa transactions sent to the wrong number cannot be recovered once those funds have been used to clear the recipient's outstanding Fuliza overdraft balance.
- Always act quickly to increase the chance of full recovery.
A Lesson for Vihiga M-Pesa Users
For many people, KSh 33,000 is a significant amount of money. But even if the amount is much smaller, the safest rule remains the same: if you know the money is not yours, don't use it.
Keep the money untouched, preserve the transaction details and use the proper channels to resolve the issue. What may begin as someone else's simple M-Pesa mistake can become a court case if the money is knowingly kept or spent.
For M-Pesa users across Vihiga County and Kenya, the lesson from Nanjala's case is clear: unexpected money in your phone is not automatically your money.