An unexpected M-Pesa notification can easily look like a stroke of luck, especially when the money lands in your account without warning.
But if the payment was sent to you by mistake, spending it could turn what appears to be free money into a criminal case.
Kenyan law specifically addresses electronic payments delivered to the wrong person. Under Section 35 of the Computer Misuse and Cybercrimes Act, intentionally withholding an electronic payment sent in error is an offence punishable by a fine of up to KSh200,000, imprisonment for up to two years, or both.
The moment you realise the money is not yours
The important issue is not simply receiving unexpected money.
A person may receive an M-Pesa payment without immediately knowing that the sender made a mistake. The legal risk arises when the recipient becomes aware that the money does not belong to them but deliberately decides to keep, withdraw or spend it.
The law covers electronic payments that have been delivered to someone in error and are supposed to reach another person.
This means a recipient should not treat an unexpected payment as a windfall simply because it has already appeared in their M-Pesa balance.
Court cases show the risk is real
The warning is not merely theoretical.
In a 2024 ruling, the High Court dealt with a case involving a man convicted after intentionally detaining an electronic payment of KSh28,000 that had been mistakenly sent to him.
He had pleaded guilty and was initially fined KSh100,000, or two years in prison if he failed to pay. The High Court later reviewed the sentence after considering mitigating circumstances.
There have also been other cases involving much larger amounts.
In 2023, a Nairobi man was charged after allegedly withholding KSh140,000 that had been mistakenly transferred to his M-Pesa account. The sender had reportedly tried to have the money returned, but the recipient allegedly became unreachable.
What if you have already spent the money?
Returning the money is important, but it should not be assumed that repayment automatically erases potential criminal liability.
The circumstances of each case matter, including whether the recipient knew the money had been sent accidentally, what they did after discovering the mistake and whether other offences are alleged.
This is particularly important because some cases can involve additional charges depending on the circumstances surrounding the money.
The safest approach is therefore to act as soon as you discover that the payment was made in error.
Do not send the money to a different number
If someone contacts you claiming they accidentally sent money to your M-Pesa account, caution is still necessary.
Do not simply send the money to another number provided through a phone call or message. A fraudster could potentially use a genuine-looking mistaken-payment claim to trick you into sending your own money elsewhere.
Instead, verify the transaction and use the official mobile-money provider’s recognised reversal or customer-care process.
What should you do after receiving unexpected money?
The safest steps are straightforward:
- Do not spend or withdraw the money.
- Check the M-Pesa message and transaction details.
- Keep the amount untouched while the matter is verified.
- Contact the provider through its official customer-care channels.
- If the sender contacts you, verify the claim before taking action.
- Use the recognised reversal process rather than independently transferring money to another number.
The law does not mean every unexpected M-Pesa payment automatically makes the recipient a criminal. The key issue is intentional conduct after the recipient knows the electronic payment was delivered in error.
For millions of Kenyans using mobile money every day, the lesson is simple: if money suddenly appears in your M-Pesa account and you know it is not yours, leave it alone.
What looks like an unexpected financial boost could instead become evidence in a criminal case if you knowingly decide to spend it.
