How fraudsters stole from a dead man's M-Pesa

Scammers register an existing number on a new SIM card in order to intercept and carry out, among others, online banking. [iStockphoto]

Sakwa's case is now a part of the class action case filed by Abdi Ziela, who accuses Safaricom, of failing to secure its customers' SIM cards and M-Pesa from men and women with an appetite for making a living out of theft.

Safaricom wants the case dismissed, arguing that in its terms and conditions with the client, he willingly bound himself to a clause that any dispute should be arbitrated before spilling to court.

"The plaintiff deliberately omitted reference to the existence of an arbitration agreement between it and the first defendant at clause 12 of the Conditions for Use of The Safaricom Services that requires all disputes between him and the first defendant to be referred to arbitration under the Arbitration Act," Kananu Kinya, Safaricom's lawyer argues.

The lawyer claims that publication of the order inviting anyone who has a claim against the telco is injuring its reputation and business.

According to Safaricom, it should have been allowed to argue Ziela's case before the court opened the case to other persons.

Another person who has joined the case is Lavington Security managing director Pius Chelimo's son Felix Chelimo.

He claims that sometime in September last year, fraudsters siphoned Sh645, 000 from him by swapping his father's Safaricom line.

He recounts that he got a call from his father's line after which he transferred a total of Sh645,000 to different lines in the belief the caller from the other end was his father.

He only discovered that his father was also a victim of a sim swap after he informed him that the phone was at the time off as he was in Germany.

At the same time, Mary Migwi claims that she discovered that someone had taken Sh2,300 M-Shwari loan using her name.

Migwi says her national ID was illegally used to register a line and the persons proceeded to take the loan. She states in her court papers that she alerted Safaricom but no action was taken.

Meanwhile, Bashir Farah claims that he lost Sh2 million from a SIM swap.

He claims that he learnt that the fraudsters managed to access his bank account and siphoned the money using his mobile number.

He accuses Safaricom of negligence adding that it was within their knowledge that he was out of the country since their system showed that his number was in roaming mode.

Farah alleges that he had to ask for money to travel back to Kenya since the fraudsters had wiped his account clean.