Man risks jail for keeping Sh130,000 mistakenly sent to his M-Pesa account
Leonard Oyiri at the Makadara Law Courts on September 6, 2023.
What you need to know:
- Oyiri denied the charges and pleaded for lenient bail and surety, saying he had two wives and nine children who were all dependent on him.
A mechanic who allegedly went into hiding after receiving Sh130,000 accidentally sent to his M-Pesa account by a customer has been charged with wilfully withholding the erroneously delivered payment contrary to Section 35 of the Computer Misuse and Cybercrime Act of 2018.
Leonard Oyiri, 53, is accused of withholding the electronic payment of money sent to his M-Pesa account by Sadiq Abdi, who was to pay him Sh13,000 at his workshop in Kayole, Nairobi on August 13.
Abdi was looking for a car seat in the area when he was introduced to Oyiri to help him identify one in his workshop.
Oyiri showed him a seat he liked and they agreed on a price of Sh12,300 and Abdi offered to give him a tip of Sh700, which raised the amount he was to send him to Sh13,000.
When he sent him the Sh13,000, he accidentally added an extra digit and ended up sending Sh130,000 instead of the Sh13,000.
After receiving the money, Oyiri allegedly went into hiding, prompting Abdi to report the matter to Kayole Police Station.
Police officers went to the suspect's house but could not find him and arranged for the house to be locked. Oyiri was later arrested when he returned to the house.
During the investigation, the accused told the police that he had indeed received the money, but claimed that he realised that Abdi had transferred more money to him many hours after he had left.
He said that he had been waiting for a call from the complainant, but that he did not and could not make it as he did not have his contacts.
Oyiri told the police that he went to Njoro, Nakuru County where he met his family, paid school fees for his children and settled arrears on a piece of land he was buying.
He also said that he visited his other family in Siaya before returning to Nairobi having spent all the money and appealed to be allowed to pay Abdi once he got the money.
Oyiri, however, denied the charges before Senior Principal Magistrate Hellen Okwani of the Makadara Law Courts and pleaded for lenient bail and surety, saying he had two wives and nine children who were all dependent on him.
Ms Okwani released him on a cash bail of Sh50,000.
The case will come up for mention on 11 November ahead of trial on 29 February next year.
