A man identified as Cyrus Maithya is facing a three-month jail term after the court convicted him for refusing to return Ksh16,463 which was sent to him by mistake through a mobile money app.
Maithya pleaded guilty to the charge before Nairobi Senior Principal magistrate Martha Nazushi who sentenced him to three months in jail on Monday, June 28
The man had been charged with two accounts of stealing and he confessed that he had already used the money when the magistrate asked him to return it.
Maithya pleaded with the court to have mercy on him, adding that he has dependents
The man implored, "I have two children who depend on me."
According to Section 34 of the Computer and Cyber Crimes Act, 2018, those who intentionally hide or hold electronic messages, electronic payments, credit and debit card details sent in error are considered culpable.
On the other same, section 36 indicates that a person who unlawfully destroys or aborts any electronic email or processes through which money or information is being conveyed commits an offence.
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