Nairobi Woman Charged For Using Sh2.3M Mistakenly Transferred to Her Bank Account

Court hears how woman allegedly retained funds erroneously sent by credit company

NAIROBI, May 28, 2025 – A Nairobi woman appeared in court Tuesday facing theft charges after allegedly keeping and using over Sh2.3 million that was mistakenly transferred into her bank accounts.

Vivian Stella Wanjiku was arraigned at Milimani Law Courts on charges of stealing contrary to Section 268(1) as read with Section 275 of the Penal Code, following an incident that occurred on October 30, 2024.

According to the prosecution, Platinum Credit Limited erroneously transferred Sh2,317,926 into Wanjiku’s two NCBA Bank accounts. The State, led by prosecutor Elsie Gakii Gitonga, alleges that instead of reporting the error or returning the funds, Wanjiku retained and used the money despite knowing it did not belong to her.

“The accused failed to report or return the funds, instead retaining and using the money despite knowing it did not belong to her,” the prosecution told the court.

In an alternative count, Wanjiku faces charges of handling stolen goods contrary to Section 322(1)(2) of the Penal Code. The prosecution claims she knew, or had reason to believe, that the money in her possession was obtained unlawfully.

The accused pleaded not guilty to both charges when she appeared before the court.

Wanjiku was arrested on May 27, 2025, and has been released on a bond of Sh800,000 and bail of Sh500,000 with two sureties. The case has been scheduled for pre-trial directions on June 18, 2025.

The matter is being investigated by the Banking Fraud Investigations Unit based at KICC Police Station in Nairobi. Key witnesses expected to testify include lead investigator Elsie Gakii Gitonga and Junior George, among others yet to be disclosed by the State.

The case highlights ongoing concerns about banking errors and the legal obligations of recipients when funds are mistakenly transferred into their accounts. Under Kenyan law, retaining money that is not rightfully yours, even if received in error, can constitute theft.

The matter will return to court next month as the legal process continues.