A mechanic who is reported to have gone into hiding after receiving Sh130,000 accidentally sent to his MPESA account by a client was charged with intentionally withholding payment delivered erroneously contrary to section 35 of the Computer Misuse and Cybercrime Act of 2018.
Mr Leonard Oyiri, 53, is accused of withholding electronic payment of the money sent to his M-pesa account by Sadiq Abdi who was paying him Sh13,000 on August 13, 2023, at his workshop in Kayole, a Nairobi suburb.
Mr Abdi was looking for a car seat in the area when she was introduced to Mr Oyiri to help her identify one at his garage.
Mr Oyiri showed her a seat which she liked and they agreed on the prices at Sh12, 300 Mr Abdi offered to give him a tip of Sh700, raising the amount he was to send to him to Sh13,000.
While sending him the Sh13,000, he accidentally added an additional digit and ended up sending him Sh130,000 by mistake, instead of the Sh13,000.
After receiving the money, Mr Oyiri allegedly went into hiding prompting Mr Abdi to report the matter at the Kayole police station.
Police officers went to the suspect’s house but could not find him and made arrangements for the house to be locked. Mr Oyiri was later arrested after returning to the house.
During the investigations, the accused person told police that he indeed received the money but claimed that he realized that Mr Abdi had transferred more money to him many hours after he had left.
He said he waited for a call from the complainant but he did not and could not contact him since he did not have his contacts.
Mr Oyiri told the cops that he proceeded to Njoro in Nakuru county where he met his family, paid school fees for his children and settled arrears he had for a parcel of land he is buying.
He also said that he visited his other family in Siaya before returning to Nairobi having spent all the money and made an appeal to be allowed to pay Mr Abdi once he gets the cash.
Mr Oyiri however denied the charges before Senior Principal Magistrate Hellen Okwani of the Makadara Law Courts and pleaded for a lenient bail and bond terms claiming that he has two wives and nine children all depending on him. Ms Okwani released him on a cash bail of Sh50, 000.
The case will be mentioned on November 11, 2023, before hearing starts on February 29, 2024.
