A businesswoman who allegedly declined to return Sh392, 000 erroneously sent to her Mpesa agent number by a bank official is facing charges of intentionally withholding electronic payment against the law.
Elizabeth Wanjiru was charged with intentionally withholding the money in contravention of section 35 of the computer misuse and cybercrimes Act of 2018.
She is accused of keeping the money belonging to Frida Wangechi which was erroneously delivered to her on January 11, 2024.
Ms Wangechi who works for Equity Bank Ruai branch was depositing Sh392, 000 Ms Wanjiru’s Mpesa agent account as her operational capital (float) but she erroneously made the transaction twice and ended up sending Sh784, 000 to the account.
She notified her senior colleagues seeking help to reverse the additional cash but the reversal failed.
Ms Wanjiru was told not to withdraw the cash as the management was plotting to engage Safaricom Limited over the same.
However, a day later, Safaricom Limited told Equity bank officials that the transaction could not be reversed since there was no money in Ms Wanjiru’s account.
Ms Wanjiru had allegedly switched off her phone and could not be reached.
The accused person denied the charges before Chief Magistrate Tito Gesora of the Makadara Law Courts.
She was released on a bond of Sh200, 000 and an alternative cash bail of Sh100, 000.
The case will be mentioned on April 5 before hearing starts on July 8, 2024.
Ms Wangechi and one of her senior colleagues are listed as witnesses in the case.
CCTV footage showing Ms Wanjiru being served by Ms Wangechi and a bank statement showing that the suspect made a withdrawal of Sh392, 000 only are listed as exhibits in the case.
