Traditional leaders imposed a sanction on the Respondent for illegal fishing. He was suspected of fishing with prohibited gears, charged and convicted in his presence although he was sick. The Appellants, described by the Respondent as “sungusungu wa jadi”, were sent by the traditional leaders to attach one oxen from the Respondent as a fine for the alleged offence. The traditional leaders sold the oxen. Part of the money obtained from the sale was used to make good the damages caused by Respondent to water reservoir (Lambo). The remaining was paid to the Council of traditional leaders. Aggrieved, the Respondent instituted criminal charges against the Appellants in the Primary Court. The Respondent lost. He appealed to the District Court. The District Court reserved the decision of the Primary Court. It convicted the Appellants and sentenced them to pay a fine or serve six months custodial sentence in default. Dissatisfied with the decision of the District Court the Appellants appealed to this Court.