Cybercrime law: You'll pay Sh200,000 fine for not returning M-Pesa money (2024)

Failing to reverse an M-Pesa transaction done by mistake will see Kenyans pay a Sh200,000 fine or be jailed for two years, or both.

This is according to Computer and Cyber Crimes Act, 2018 which President Uhuru Kenyatta ratified on Wednesday.

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Section 34 of the Act targets those who intentionally hide or hold electronic messages, electronic payments, credit and debit card details sent in error.

Section 36 states that a person who unlawfully destroys or aborts any electronic email or processes through which money or information is being conveyed commits an offence.

The law also states that inducing any person in charge of electronic devices to deliver any electronic messages not specifically meant for someone is an offence.

Last year, a woman was jailed in Embu for six months for using Sh27,140 that was accidentally sent to her M-Pesa account.

Margaret Njeri was unable to pay the Sh40,000 fine for the offence and was taken to Embu prison to serve the sentence.

Njeri was accused of stealing the money which Richard Mbui sent to her by mistake on December 7.

Mbui asked her to return the money but she withdrew and used the cash then switched off her phone to avoid being traced.

Read:

Section 31 of the same law states that any person who unlawfully destroys or aborts an electronic mail or processes through which money or information is being conveyed commits an offence.

In this case, the culprit will pay the S 200,000 fine or serve a jail term not exceeding seven years, or both.

Also read:

Cybercrime law: You'll pay Sh200,000 fine for not returning M-Pesa money (2024)

FAQs

Cybercrime law: You'll pay Sh200,000 fine for not returning M-Pesa money? ›

You might also be sentenced to a fine not exceeding Sh200,000, or both the fine and the aforementioned sentence. This is according to Section 35 of The Computer Misuse and Cybercrimes Act, 2018. It provides that withholding an M-Pesa message delivered erroneously to you is contrary to the law.

What is the punishment for cybercrime in us? ›

Criminal Penalties Under the CFAA
OffensePenalties (Prison Sentence)
Accessing a Computer and Obtaining InformationFirst conviction: Up to one year Second conviction: Up to 10 years
Intentionally Damaging by Knowing TransmissionFirst conviction: Up to 10 years Second conviction: Up to 20 years
4 more rows
Dec 2, 2023

How do I reverse my mpesa money received? ›

To request for an M-PESA reversal via SMS to 456:

You will receive a response from “Reversal" that the request for a reversal has been started, and that an update will be shared within 2 hours. You are encouraged to check your messages for an update from the header “Reversal” on the status of the reversal.

How much is the fine for cybercrime in the Philippines? ›

— Any person found guilty of any of the punishable acts enumerated in Sections 4(a) and 4(b) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.

Is it a crime to keep wrongly transferred money in Kenya? ›

If you fail to reverse an M-PESA payment that was made erroneously, you risk a two-year jail term, Kshs. 200,000 fine or both. We hate it when we send money to the wrong person and then they disappear but I'm a bit uneasy with making this an offence.

Do cyber criminals go to jail? ›

Federal law of the United States provides for substantial imprisonment for offenses such as hacking, identity theft, or unauthorized access to protected systems.

Is cyber crime a serious crime? ›

Cyber attacks are financially devastating and disrupting and upsetting to people and businesses.

What happens when M-Pesa reversal fails in Kenya? ›

You might also be sentenced to a fine not exceeding Sh200,000, or both the fine and the aforementioned sentence. This is according to Section 35 of The Computer Misuse and Cybercrimes Act, 2018. It provides that withholding an M-Pesa message delivered erroneously to you is contrary to the law.

How do I stop someone from reversing my M-Pesa? ›

A new update by Safaricom will prevent fraudsters from reversing M-Pesa transactions as the cash recipient will receive an automated call from the communications company asking them to either approve or decline the reversal request.

What is the highest punishment for cyber crime? ›

Section 504 IPC, Upto 2 years of imprisonment or fine or both. Section 506, Upto 2 years or fine or both. If threat be to cause death or grievous hurt, etc, Upto 7 years or fine or both. Section 507, Up to 2 years along with punishment under section 506 IPC.

How long do you go to jail for cybercrime in the Philippines? ›

Penalties Under the Law

The law stipulates that anyone found guilty of committing cyber libel can face imprisonment of prision mayor, or a period ranging from 6 years and 1 day to 12 years.

What is the sentence for cyber crime? ›

Here are some common cybercrimes and their corresponding penalties under Indian law: Unauthorized Access to Computer Systems (Section 43 of IT Act): Penalty: Imprisonment for a term which may extend to 2 years or with a fine which may extend to one lakh rupees or with both.

Can Safaricom freeze your M-PESA account? ›

Your Account shall be suspended if you port your number to other networks or if your SIM has been inactive for a period of ninety (90) days or such other period as may be prescribed.

What is illegal money transfer? ›

A money mule is someone who transfers or moves illegally acquired money on behalf of someone else. Criminals recruit money mules to help launder proceeds derived from online scams and frauds or crimes like human trafficking and drug trafficking.

What is an illegal money transfer called? ›

Hawala is an informal money transfer system, illegal in India.

What is the sentence for cyber crimes? ›

Your motive for access has to be criminal, fraudulent or obtaining something of value. Penalties include: Five years imprisonment for first and attempted offenses. Ten years for second and subsequent offenses.

What is the number 1 cybercrime in USA? ›

Bulk phishing, smishing, and business e-mail compromise (BEC) are the most common types. In 2022, 85 percent of the surveyed worldwide organizations reported encountering bulk phishing attacks, while roughly three in four were targeted by smishing scams.

Does the FBI handle cyber crime? ›

Cybercrime. The FBI is the lead federal agency for investigating cyberattacks by criminals, overseas adversaries, and terrorists. The threat is incredibly serious—and growing.

How does the US deal with cybercrime? ›

The FBI is the lead federal agency for investigating cyber attacks and intrusions. We collect and share intelligence and engage with victims while working to unmask those committing malicious cyber activities, wherever they are.

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