Two farmers from Kakamega County will tomorrow know whether they will be jailed for 14 years for stealing Sh33,952 erroneously sent to them from a stockbroker's account held at Co-operative Bank of Kenya two years ago.
When Mary Nanjala and Roselyn Namukuru Nyongesa were presented before Milimani Senior Principal Magistrate Carolyne Mugo on Tuesday, they pleaded for mercy, saying: "We have already paid back the money that was erroneously sent to our M-Pesa accounts. Do not jail us."
Before deciding whether to impose the penalty of 14 years in jail or a fine of Sh5 million for the theft, money laundering and acquisition of proceeds of crime, Ms Mugo directed that a senior officer from Co-operative Bank appear in court to confirm that the two had repaid the money the bank was meant to channel to a stockbroker.
Prosecutor Doreen Njoroge had urged the court to impose a penalty that would serve as a lesson to other Safaricom subscribers who enrich themselves with other people's money received in error.
"It is a serious offence to use money belonging to another subscriber who had sent it erroneously. Honesty is paramount and important," Ms Njoroge stated. She, however, urged the court to await confirmation from Co-operative Bank before a decision is reached.
Ms Njoroge said the two farmers had plea-bargained with the DPP for a lesser penalty, given that they had paid back the money they erroneously received two years ago and later used unlawfully.
The two pleaded guilty to three counts: receiving and withholding Sh33,952 that was erroneously transferred to their mobile money accounts and failing to return it to the sender; and acquisition of proceeds of crime, contrary to Section 4(a) as read with Section 16 of the Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009.
The money had originated from the CDC account of Sila Omondi, who held an account at Co-operative Bank. Having admitted the charges, the two women pleaded for leniency and asked to be allowed to repay the amount in full.
The charge sheet filed in court states that on December 5, 2024, at around 1:42pm, the two allegedly acquired Sh33,952 through Ms Nanjala's Safaricom account. The prosecution alleged that after receiving the money, Nanjala transferred it to Ms Nyongesa's Safaricom account.
The two women were further accused of acquiring the funds while knowing, or having reason to believe, that the money formed part of the proceeds of a crime. The charge states that the money was erroneously delivered to Ms Nanjala, who allegedly failed to return it despite being aware that it did not belong to her.
Ms Nyongesa is separately facing a second count of using proceeds of crime, contrary to Section 4(b) as read with Section 16 of the same Act. The prosecution alleges that on December 6, 2024, at around 5:27pm, Nyongesa used Sh33,000 from her Safaricom account, knowing or having reason to believe that it formed part of the proceeds of a crime.
Ms Nanjala is also facing a charge under Section 35 of the Computer Misuse and Cybercrimes Act, which criminalises the intentional withholding of an electronic payment that has been erroneously made.
Ms Nanjala was arrested on September 4, 2026, and presented before the Milimani court on September 7, after Co-operative Bank and the Banking Fraud Investigations Unit took over the investigation. Among the witnesses listed are Co-operative Bank's Edwin Karuri, Sila Omondi, Duncan Macharia, Charles Wabera and Corporal Michael Wandera.
The court has reserved its verdict for September 9, 2026.
Under Kenya's Proceeds of Crime and Anti-Money Laundering Act (Pocamla), a person who acquires or uses property while knowing, or having reason to believe, that it is proceeds of crime is punishable under Sections 4(a) and 4(b) of the Act. For a natural person, a conviction under Sections 3, 4 or 7 can attract up to 14 years' imprisonment, a fine of up to KSh5 million or the value of the property involved, whichever is higher, or both.
Ms Nanjala and Ms Nyongesa were held in custody until September 9, 2026, pending imposition of the penalty or acquittal under the plea bargain.
