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

[Okoyo Gabriel]

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 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.
>
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