(NAIROBI, KENYA) – Two farmers from Kakamega County face up to 14 years in prison or a fine of KES 5 million for allegedly withholding KES 33,952 that was mistakenly sent to a mobile money account two years ago. The amount equals approximately $263 / £208 / €239 at current exchange rates.
Mary Nanjala and Roselyn Namukuru Nyongesa appeared before Milimani Senior Principal Magistrate Carolyne Mugo on 8th September and pleaded for mercy, saying they had already paid back the money that was erroneously sent to their M-Pesa accounts.
The magistrate 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 before a penalty is decided.
Prosecutor Doreen Njoroge urged the court to impose a penalty that would serve as a lesson to other mobile money subscribers who enrich themselves with other people’s money received in error. She said it is a serious offence to use money belonging to another subscriber who had sent it erroneously, and that honesty is paramount. She however urged the court to await confirmation from Co-operative Bank before a decision is reached.
The prosecutor said the two farmers had plea bargained with the Director of Public Prosecutions 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. They admitted receiving and withholding KES 33,952 that was erroneously transferred to their mobile money accounts and failing to return it to the sender. They also admitted 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. The charge sheet states that on 5th December 2024 at around 1:42pm, the two allegedly acquired KES 33,952 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 6th December 2024 at around 5:27pm, Nyongesa used KES 33,000 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 4th September 2026 and presented before the Milimani court on 7th September after Co-operative Bank and the Banking Fraud Investigations Unit took over the investigation. Witnesses listed in the case include Co-operative Bank’s Edwin Karuri, Sila Omondi, Duncan Macharia, Charles Wabera and Corporal Michael Wandera.
Under Kenya’s Proceeds of Crime and Anti-Money Laundering Act, 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 KES 5 million or the value of the property involved, whichever is higher, or both. The KES 5 million fine equals about $38,760 / £30,650 / €35,190.
The court has reserved its verdict for 9th September 2026. Ms Nanjala and Ms Nyongesa were held in custody until then, pending imposition of the penalty or acquittal under the plea bargain.