Two farmers who withdrew and spent Sh33,952 erroneously sent to them via mobile money have narrowly escaped a 14-year jail term after a court in Nairobi accepted their pleas for leniency.
Mary Nanjala and Roselyn Namukuru Nyongesa, farmers hailing from Kakamega County, walked free after Co-operative Bank confirmed to the court that they had since paid back the money they stole.
They were facing a penalty of 14 years in jail or a fine of Sh5 million for charges of theft, money laundering and acquisition of proceeds of crime. They had pleaded guilty to three counts of receiving and withholding Sh33,952 and failing to return the cash to the sender: the CDC account of one Sila Omondi at Co-operative Bank.
Earlier, 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," Ms Njoroge stated.
However, the two farmers later plea-bargained with the Director of Public Prosecutions (DPP) for a lesser penalty after they begged to be allowed to pay the money back.
When Co-operative Bank confirmed to the court that it had received the funds from Ms Nanjala and Ms Nyongesa, trial magistrate Carolyne Mugo discharged the two under Section 87(a) of the Criminal Procedure Code (CPC) — a provision under which a person is not fully acquitted and could still be arrested and prosecuted for the same offence in future.
"They could be arrested in future and charged for the same offence," Ms Mugo warned.
Roselyn Nyamukuru Nyongesa (left) and Mary Nanjala at the Milimani Law Courts in Nairobi on September 8, 2026.
Photo credit: Richard Munguti | Nation Media Group
They, however, pleaded for mercy, saying: "We have already paid back the money. Do not jail us, please. We are mothers and have little or no income due to the harsh economic times."
The two had also plea-bargained by writing to the DPP and the head of the Banking Fraud Unit based at the Central Bank of Kenya, expressing their willingness to refund the money they had stolen from a stockbroker's account at Co-operative Bank in 2024.
The two said they were remorseful and urged Ms Mugo to indulge them and spare them the penalty of 14 years in jail or a fine of Sh5 million for the theft.
"I have checked with the bank and I can confirm the money has been paid back," said the investigating officer.
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 prosecution stated that after receiving the money via M-Pesa, Ms Nanjala transferred it to Ms Nyongesa's Safaricom account, after which she withdrew the funds.
For this reason, Ms Nyongesa faced a second count of using proceeds of crime, contrary to Section 4(b), as read with Section 16 of the same Act.
Ms Nanjala also faced another 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 probe.
Among the witnesses listed are Co-operative Bank's Edwin Karuri, Sila Omondi, Duncan Macharia, Charles Wabera and Corporal Michael Wandera.
