Law to ban persons not returning money received by error

Coming from the thought that Safaricom should have implemented this ages
ago, I am wondering if perhaps they would think that’s stretching their
‘business mandate’ too far? Like their business is to allow you to send and
receive money, period. However, I guess the issue of responsible business
comes up. One of the easiest things I would think they can do is to send a
message to the wrong recipient as soon as possible and ask them to make the
reversal, failure to which they read them the riot act as explained in
the Computer Misuse and Cybercrime Act cited above? Back in the day, when
they used to have system errors and it would be possible to make free
calls, they’d be able to charge your account in retrospect as soon as the
system was fixed. In which case, it should be possible to provide a
reprieve to the aggrieved Mpesa user…

On Wed, 24 Jun 2020 at 10:50, Okoyo Gabriel via kictanet <
kictanet@lists.kictanet.or.ke> wrote:

> I think to this regard the Computer Misuse and Cybercrime Act offers a
> solution. It creates the offence under Section 35.
>
> “person who* intentionally hides or detains* any electronic mail, *message,
> electronic payment*, credit and debit card which was found by the person
> or *delivered to the person in error* and which *ought to be delivered to
> another person*, commits an offence and is liable on conviction a fine
> not exceeding two hundred thousand shillings or imprisonment for a term not
> exceeding two years or to both”.
>
> Or what do you think?
>
> On Wed, Jun 24, 2020 at 10:23 AM Rosemary Koech-Kimwatu via kictanet <
> kictanet@lists.kictanet.or.ke> wrote:
>
>> Hi Listers,
>>
>> I come from the school of thought where we don’t need to come up with
>> laws for every seemingly new vice perpetrated through technology. This is
>> theft, similar to the case of the guy from Embu who build a house with
>> money erroneously deposited in his bank account
>> nairobiwire.com/2020/06/man-in-tight-spot-after-building-house-with-money-mistakenly-deposited-in-his-bank-account.html
>> .
>>
>> The Penal Code CAP 63:
>> 268.
>> Definition of stealing
>> (1)
>>
>> A person who fraudulently and without claim of right takes anything
>> capable of being stolen, or fraudulently converts to the use of any person,
>> other than the general or special owner thereof, any property, is said to
>> steal that thing or property.
>>
>>
>> Kind regards,
>> Rosemary Koech-Kimwatu
>> Advocate
>> Head of Public Policy and Regulatory Affairs – Oxygene MCL
>> Tel: +254 718 181644
>>
>>
>>
>>
>> On Wed, Jun 24, 2020 at 9:25 AM Barrack Otieno via kictanet <
>> kictanet@lists.kictanet.or.ke> wrote:
>>
>>> Hi Daudi,
>>>
>>> This is extreme, i think a crime should be separated from basic rights
>>> to communicate.
>>>
>>> Best Regards
>>>
>>> On Wed, 24 Jun 2020, 8:31 am David Indeje via kictanet, <
>>> kictanet@lists.kictanet.or.ke> wrote:
>>>
>>>> Listers,
>>>>
>>>> Something is being disccused online, initiated by Mr Boniface Mwangi:
>>>>
>>>> “There should be a law that anyone who receives mobile money by error
>>>> and refuses to reverse the transaction should be banned from owning a
>>>> mobile line. All mobile numbers are supposed to be registered using an ID
>>>> and that persons ID should be flagged to never transact again.”
>>>> https://twitter.com/bonifacemwangi/status/1275659504647057411?s=19
>>>>
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>>
>>
>> –
>>
>>
>>
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>> sector in support of the national aim of ICT enabled growth and development.
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
> for people and institutions interested and involved in ICT policy and
> regulation. The network aims to act as a catalyst for reform in the ICT
> sector in support of the national aim of ICT enabled growth and development.
>
> KICTANetiquette : Adhere to the same standards of acceptable behaviors
> online that you follow in real life: respect people’s times and bandwidth,
> share knowledge, don’t flame or abuse or personalize, respect privacy, do
> not spam, do not market your wares or qualifications.
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