[kictanet] Failing to Reverse Erroneous M-PESA Payments Now an Offence

kanini mutemi kaninimutemi at gmail.com
Thu May 17 10:36:32 EAT 2018 

I agree @Ali. I see the benefit of a dispute resolution mechanism I do. But there was no need to criminalise it, especially as a strict liability offence. So many scenarios of innocent refusal could arise as @Barack points out. How about the elderly who also use M-PESA? It is overkill for sure. 

@Safaricom, @Airtel @Telkom (since all providers now have a mobile money facility), I would like your comment. I would have better preferred a dispute resolution mechanism championed by the platform itself. Maybe make failure to comply with the dispute resolution process a crime. It is most unfortunate that an issue that emanates from a customer-provider relationship ends up being solved by police officers, prosecutors and the courts, with the providers simply playing the role of a spectator. Not cool! 

Again this shows how desperate we have become as a society. We are not honest. No law can re-engineer us back to good behaviour. 

> On 17 May 2018, at 08:39, Admin CampusCiti via kictanet <kictanet at lists.kictanet.or.ke> wrote:
> 
> All
> 
> This is taking Bad User Experience to another level.. Most of these mistakes happen because Telcos have refused to take the mantra of Great Customer Experience to another level. Now we are criminalizing a mistake.. 
> 
> I have no words..  
> 
> Ali Hussein
> Hussein & Associates
> +254 0713 601113 
> 
> Twitter: @AliHKassim
> Skype: abu-jomo
> LinkedIn: http://ke.linkedin.com/in/alihkassim <http://ke.linkedin.com/in/alihkassim> <http://ke.linkedin.com/in/alihkassim>
> Blog: www.alyhussein.com <http://www.alyhussein.com/>
> 
> "Discovery consists in seeing what everyone else has seen and thinking what no one else has thought".  ~ Albert Szent-Györgyi
> 
> Sent from my iPad
> 
> On 17 May 2018, at 8:09 AM, Barrack Otieno via kictanet <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke>> wrote:
> 
>> Hi Mercy,
>> 
>> I find it extreme for example if you are in the diaspora for a prolonged period and someone sends you money accidentally you might be in a fix when you land and switch on your phone yet you may not even have beem aware, would be keen to know how others think of such a scenario.
>> 
>> Regards
>> 
>> On Thu, 17 May 2018 08:02 kanini mutemi via kictanet, <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke>> wrote:
>> Good morning Listers, 
>> 
>> Sorry to bring up an old conversation. Section 35 of the Computer Misuse and Cybercrimes Act seems to take this discussion we had last year to the extreme. If you fail to reverse an M-PESA payment that was made erroneously, you risk a two-year jail term, Kshs. 200,000 fine or both. 
>> 
>> We hate it when we send money to the wrong person and then they disappear but I’m a bit uneasy with making this an offence. Would like to hear what others think about this. 
>> 
>> Have a great day!
>> 
>> 
>>> On 13 May 2017, at 17:54, Walubengo J via kictanet <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke>> wrote:
>>> 
>>> Ok.
>>> 
>>> So the 'authority' here is the police?  I just needed to know and confirm that indeed the process leads to a dead end and is potentially not exactly useful to the customer.
>>> 
>>> Disclaimer:
>>> Am not blaming Safaricom here. I am just saying the process is broken and we should collectively fix it. Innovators?  Any one?
>>> 
>>> walu.
>>> 
>>> 
>>> From: Mwendwa Kivuva <Kivuva at transworldafrica.com <mailto:Kivuva at transworldafrica.com>>
>>> To: Walubengo J <jwalu at yahoo.com <mailto:jwalu at yahoo.com>>; KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke>> 
>>> Cc: Mwendwa Kivuva <kivuva at transworldafrica.com <mailto:kivuva at transworldafrica.com>>
>>> Sent: Saturday, May 13, 2017 1:15 PM
>>> Subject: Re: [kictanet] Reversing MPESA Transactions in a Today's World
>>> 
>>> That question was answered by Steve during the #Talk2Safaricom week. He said something like "Safaricom is not in the litigation business. If there are disputes, they will be referred to the relevant dispute resolution mechanisms in our laws" (not verbatim, but something like that)
>>> 
>>> An example apart from the mpesa issue is when you loose your phone! Safaricom will not even attempt to block the phone (not the sim card). They will refer you to police to trace your phone, and follow with all criminal procedures etc. Happened to me. The stolen phone is still very active. The police are not cooperative. Safaricom says they can only act on police notice. 
>>> 
>>> A policeman friend tells me when they recover the phones, they own them. *Identity protected because this policeman is not allowed to talk to the media ;-)
>>> 
>>> 
>>> 
>>> ______________________
>>> Mwendwa Kivuva, Nairobi, Kenya
>>> twitter.com/lordmwesh <http://twitter.com/lordmwesh>
>>> 
>>> 
>>> 
>>> On 13 May 2017 at 12:26, Walubengo J via kictanet <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke>> wrote:
>>> Ok.
>>> 
>>> Which authorities? The Church, The regulator, CA,   the  Cops? The Chief, the Magistrate?
>>> 
>>> And what are the 'authorities' supposed to do and approximately how long do they usually take to resolve?
>>> 
>>> #Asking4Myself.
>>> 
>>> walu. 
>>> 
>>> 
>>> From: simon njoroge <snjoro45 at gmail.com <mailto:snjoro45 at gmail.com>>
>>> To: Walubengo J <jwalu at yahoo.com <mailto:jwalu at yahoo.com>> 
>>> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke> >
>>> Sent: Saturday, May 13, 2017 11:20 AM
>>> 
>>> Subject: Re: [kictanet] Reversing MPESA Transactions in a Today's World
>>> 
>>> Recipient party is called before completion of reversal is done .... In case of dispute complainant is referred to the authorities 
>>> 
>>> Regards
>>> Simon
>>> 
>>> On Sat, May 13, 2017 at 11:15 AM, Walubengo J <jwalu at yahoo.com <mailto:jwalu at yahoo.com>> wrote:
>>> I just have a problem with Safaricom making reversals because someone has complained.
>>> 
>>> What happens to my Taxi man when he drops me in town, I pay him through MPESA, then quickly call Safaricom to complain? Safaricom will have shortchanged a hard working Kenyan to favor some complaining Kenyan.
>>> 
>>> Methinks the whole reversal process is flawed and assumes every one is 'well-behaved'.
>>> 
>>> Unless I am missing something and plead to be educated.
>>> 
>>> walu.
>>> 
>>> 
>>> From: simon njoroge via kictanet <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke> >
>>> To: jwalu at yahoo.com <mailto:jwalu at yahoo.com> 
>>> Cc: simon njoroge <snjoro45 at gmail.com <mailto:snjoro45 at gmail.com>>
>>> Sent: Saturday, May 13, 2017 8:07 AM
>>> Subject: Re: [kictanet] Reversing MPESA Transactions in a Today's World
>>> 
>>> @ Mercy if you do call Safaricom for C2C transactions they will reverse the money as long as the receipt has not withdrawn the cash...For C2B  merchants have the ability to do the reversal and most do effect the reversal when contacted by the customer. 
>>> 
>>> In addition, Safaricom has done more to help the issue of wrong receipt with introduction of hakikisha (20 seconds verification) as well as introduced M-Pesa on the Safaricom app where you can pick the receipt number directly from your phone-book before sending. Granted the solutions my not be perfect for all but at least its making the effort to address customer concerns.
>>> 
>>> On USSD yes it was a killer application and still remains however the market is maturing tech-wise especially as a result the coming of cheaper smartphones and improved data speeds. Apps will soon take over and having the app was a smart move for Safaricom. 
>>> 
>>> Currently the app is at 1M downloads for both IOS and android 
>>> 
>>>  Regards
>>> 
>>> On Fri, May 12, 2017 at 11:14 AM, kanini mutemi via kictanet <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke> > wrote:
>>> It's still surprising the number of complaints notwithstanding all the sieves Safaricom has in place. 
>>> 
>>> Why not allow for reversal? 
>>> 
>>> On Fri, 12 May 2017 at 11:05 Mwendwa Kivuva via kictanet <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke> > wrote:
>>> The success of Mpesa is its simplicity. The app is great, but it can only be used by a certain demographic. The USSD like SIM toolkit was the killer application. It still remains.
>>> Not holding brief for Safaricom, the 20 second verification period they give you after sending funds through C2C transactions is a very useful feature. It gives the name of the recipient, assuming you know who you are sending cash to. Of course this does not cover all scenarios especially C2B transactions.
>>> Regards
>>> Mercy,
>>> 
>>> Its even worse when you transfer money from you bank account, through mobile money, to a wrong number. Safaricom will advice you to contact your bank who are supposed to make a reversal request on your behalf. The bank will tell you to write a letter giving details of what happened and that is when you realize that you are in for a long haul. There is definitely a need to come up better way of handling the problem.
>>> 
>>> That notwithstanding, I wish to comment Safaricom for their improved customer service. Its now much easier and faster to connect to their customer care center for assistance, compared to the way it used to be a while ago. 
>>> 
>>> 
>>> Best Regards 
>>> 
>>> On Fri, May 12, 2017 at 8:06 AM, Dorcas Muthoni via kictanet <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke> > wrote:
>>> Great Timothy,  I am going to add that the app shows you to whom you are about to send the money before entering your PIN. Quite useful. 
>>> 
>>> Kanini, I however acknowledge that your concerns valid as no everyone is using a smartphone. 
>>> 
>>> 
>>> On May 12, 2017 7:28 AM, "Timothy- Coach- Oriedo via kictanet" <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke> > wrote:
>>> Hi Mercy
>>> 
>>> Have you tried the new safaricom App ? Get it from playstore and share your experience. 
>>> 
>>> It's has laid a foundation for live chatbot.
>>> 
>>> 
>>>  
>>> 
>>>  
>>> 
>>> Timothy Oriedo
>>> 
>>> about.me/Timoriedo <http://about.me/Timoriedo>
>>> 
>>>    
>>> 
>>> On 12 May 2017 07:23, "kanini mutemi via kictanet" <kictanet at lists.kictanet.or.ke <mailto:kictanet at lists.kictanet.or.ke> > wrote:
>>> Hello everyone.
>>> 
>>> I've seen quite a number of complaints on people sending money to the wrong number. Surprisingly a lot of these instances involve 50k and above. It seems MPESA has left it up to the recepients to be kind enough to refund money sent erroneously. I see why that would make sense to a business (2 transactions is better than one). Of course a lot of Kenyans will not refund (tough economic times🤔)
>>> 
>>> I recently made a notable purchase from WordPress and realized only two minutes later that I had bought the wrong product. Good thing they have live chat for their customer support. No questions asked- they reversed the transaction. 
>>> 
>>> Now I realize the two are different; one is a seller the other one is a conveyor belt. It got me thinking however- MPESA has to keep up with the times. The explanation has always been that MPESA asks you to confirm before you press send. The number of 'I sent Kshs. X to the wrong number' posts on Buyer Beware should be enough to tell any caring provider that the system is broken.  
>>> 
>>> Digital products must be malleable and most importantly responsive to customer needs. Which is why competition is healthy- it pushes companies to care about the needs of its customers. 
>>> 
>>> Have a great day ahead. 
>>> -- 
>>> Mercy Mutemi, Advocate. 
>>> 
>>> 
>>> 
>>> 
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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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