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

[Grace Bomu]

Chemu, the issue you are raising was one of the arguments made against
criminalising erroneous transactions when the Cybercrimes Act was being
debated. However, it still made it to the law. Section 35:

A 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.



On Wed, 24 Jun 2020 at 10:22, Rosemary Koech-Kimwatu via kictanet <
kictanet at 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
> 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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>
> 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.
>


-- 
Grace Mutung'u
Skype: gracebomu
@Bomu
PGP ID : 0x33A3450F
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