[kictanet] Law to ban persons not returning money received by error

[Rosemary Koech-Kimwatu]

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
https://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 at 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 at 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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> 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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