Hi Listers,
I agree with Barrack and Rosemary on the rights issue as well as the
existing law. This discussion seems to target mobile money users. There
should be in-built mechanisms within the ecosystem of the mobile money
platforms for a) reversal ( which already exists, it just needs to be
streamlined; and b) attaching the penalties Rosemary has already pointed
out if indeed it is proven that a person has obtained the money
fraudulently by refusing to reverse it.
Furthermore, I think such a law can cause people to lose money to the real
thieves who send messages to people claiming to have sent it erroneously.
Just the mere panic and confusion that they cause when they incessantly
call the supposed recipient is enough to make someone send money they never
received in the first place to conmen and women. It is already happening
anyway, so one can only imagine if there is a law on this how worse it can
get.
Best
Beryl
On Wed, Jun 24, 2020 at 10:24 AM Rosemary Koech-Kimwatu via kictanet <
[email protected]> 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
> 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 <
> [email protected]> 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, <
>> [email protected]> 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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>
> –
>
>
>
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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.
>
