Eight Kenyans sue police, Safaricom to refund M-Pesa cash bail

Eight Kenyans have sued the police and Safaricom seeking a refund of Sh40,000, which they paid six years ago using a paybill number that was being piloted by the Police Service.

The paybill had been introduced by the police service to curb loss of funds, which suspects pay as bail to secure their release upon arrest and before being presented before court. 

The eight through their lawyer Lempaa Suiyanka allege that they paid the money on December 13, 2016 at Shauri Moyo police station. They appeared before a Makadara court the following day, as directed and denied charges of creating disturbance.

The trial magistrate then ordered the money posted at the police station be converted into cash bail. However, the station commander claimed that the conversion was impossible due to failure of the M-Pesa system used at the police station.

The eight are Juliana Olayo, Patrick Oroko, Winnie Akoth, Antonia Atieno and Esther Kerubo.

Others are Dornie Okongo, Pamela Adhiambo and Margaret Moraa. Since then, the eight have been unable to get a refund of the money, forcing them to move to court. 

“That the failure of the respondent to return the money constitutes an unjust, unlawful, and unconstitutional act against the national principles and values required of public service members and consequently denying the petitioners their rights to return of the money paid and,” Mr Suiyanka said. 

He wants the court to compel the Inspector General of Police Hillary Mutyambai and Safaricom to release the money.

“That unless this application is heard and determined urgently the public continues to be highly prejudiced because the police will fail to fulfil their legal requirements and refund money paid and due to members of the public who pay cash bail to the police,” the petition stated. 

The telco has opposed the case saying it does not disclose any cause of action against Safaricom. The case will be heard on October 19.