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JUDGMENT
April 29 , 1988, Hancox JA delivered the following Judgment.
In pursuance of a harambee drive to collect funds for the local primary school, the School Committee of Kakwara Primary School passed a resolution in September, 1981, that all parents should contribute to the school at the rate of Kshs 200 for a man and Kshs 50 for a woman. The appellants were respectively the Chairman and a member of the school committee, and were charged with making individual collections and thus putting the resolution into effect.
It was not disputed during the hearing before the Second Class District Magistrate at Kisii that the two appellants, acting in pursuance of that which they thought was their duty, went to the respondent’s home in Kamagamba location, during the morning of the 12th November, 1981, and in purported execution of that authority took possession of one bull. There was equally no dispute that the animal was the property of the respondent, who was away cutting sugar cane at the ti…