Detectives have arrested a man accused of spending more than Sh6.7 million that a company mistakenly deposited into his bank account, in a case the Directorate of Criminal Investigations (DCI) says should serve as a warning to anyone tempted to keep money sent to them in error.

Officers from the DCI's Banking Fraud Investigation Unit arrested the suspect on Saturday, 24 October 2026, along Lantana Road in Westlands, Nairobi, according to reports by Kenyans.co.ke and Capital FM. He has not yet been charged in court, and the allegations against him remain unproven.

Rent payment gone wrong

The case dates back to 18 November 2025. Investigators say a company was processing a batch of 74 electronic payments that day, including Sh72,000 in rent it owed the suspect for a shop it leases from him in Suswa.

An error during the transaction meant that a further Sh6,744,354, which was meant for another company, was also credited to the landlord's account. When the company discovered the mistake and moved to recover the money, investigators say the account holder had already spent it.

The DCI has not said how much of the money, if any, has been recovered, or which bank was involved.

Charges lined up

After investigating, the Banking Fraud Investigation Unit forwarded its file to the Office of the Director of Public Prosecutions (ODPP). Prosecutors directed that the suspect be charged with intentionally withholding an erroneously delivered payment under Section 35 of the Computer Misuse and Cybercrimes Act, 2018.

He is also expected to face a money laundering charge under the Proceeds of Crime and Anti-Money Laundering Act. He remained in custody at the weekend, awaiting arraignment.

Police warning

In its statement, the DCI cautioned the public that funds credited to an account by mistake do not automatically become the property of the account holder and must be returned to their rightful owner.

Section 35 of the cybercrimes law deals with the intentional withholding of payments delivered in error, a type of case that has become more common as more transactions move to mobile money and online banking.

Banks and mobile money providers advise anyone who receives money they did not expect to contact their provider immediately and not to withdraw or transfer it. Spending such money, even when the sender is at fault, can expose the recipient to criminal charges as well as civil claims for recovery.

The suspect is expected to be arraigned in a Nairobi court, where prosecutors may seek more time to hold him or ask the court to set bond terms. If convicted of money laundering, he could face a heavy fine, a prison term, or both, and the court can also order recovery of the money. The company that made the error may separately pursue a civil claim to recover its funds.

Detectives have not said whether the intended recipient of the money, the second company, has been compensated by the payer in the meantime.

Photos: Kenyans.co.ke; Rosiestep/Wikimedia Commons (CC BY-SA 4.0)