Received Money by Mistake in Your M-Pesa or Bank Account? Here’s Why You Should Not Spend It

Receiving unexpected money in your M-Pesa or bank account may seem like a stroke of luck. However, spending money mistakenly deposited into your account could expose you to criminal charges under Kenyan law.

Section 35 of the Computer Misuse and Cybercrimes Act, 2018, criminalises intentionally withholding an electronic payment or credit sent to you by mistake. Anyone convicted of the offence faces a fine of up to KSh 200,000, imprisonment for up to two years, or both.

The warning follows the conviction of a Dandora man over the wrongful retention and use of KSh 250,000 mistakenly deposited into his bank account.

According to the Directorate of Criminal Investigations (DCI), the man withdrew KSh 150,000 before the bank blocked access to the remaining balance. He was convicted on five counts linked to the incident and is awaiting sentencing scheduled for November 17.

In a separate case, a man was arrested over allegations that he spent more than KSh 6.7 million mistakenly credited to his bank account. The money was reportedly intended for another company but ended up in his account during the processing of electronic payments.

The cases highlight the legal risks associated with treating money received in error as personal funds. However, liability under Section 35 depends on the circumstances, including whether the recipient intentionally withheld the payment.

If unexpected money lands in your account, avoid spending or withdrawing it. Instead, contact your bank or mobile money provider through official customer service channels and report the transaction.

Provide the relevant transaction details and follow the provider’s instructions for verifying the payment and arranging an authorised reversal. If someone contacts you claiming to have sent the money accidentally, confirm the details with your provider before taking action.

Keep transaction messages and records of your communication with the provider for reference.

Money sent to you by mistake does not automatically become yours. Reporting the transaction promptly and following the official recovery process can help you avoid unnecessary financial and legal complications.

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