4. Our constitution- how to join:membership

 

CONSITUTION AND RULES

1.0 NAME

The name of the society shall be FAIR KENYA

(In this constitution referred to as “the society”)

2.0 OBJECTIVES

Main objective

The main objective of the society shall be to establish sector specific programs that will be geared towards community development, both urban and rural empowering People on active cooperation in social development regardless of their political, religious economic status.

Specific objective

(a) To contribute to better understanding between developed and developing countries,

(b) To contribute to stop dissemination of distorted information about the “world of white people” in developing countries,

(c) To help people from developing countries to teach themselves about active             cooperation instead passive waiting for a help,

(d)To help them to solve their problems,

(e)To show them the ways how they can uplift themselves in daily life,

(f)To contribute to a dissemination of information about education possibilities,

(g)To work together to be able to overcome different prejudices and traditions which are harmful to local People.

(h)To educate people through different educational activities,

(i)To contribute to a better condition for people in developing countries,

(j)To make AIDS and malaria prevention through educational activities,

(k)To protect human rights, especially rights of street children.

(l).To inform more people, the society shall expand by opening branches in all provinces of the republic of Kenya.

3.0    MEMBERSHIP

a) Any person over the age of eighteen years shall be eligible for membership of the society and shall subject to approval of the committee, become a member on payment of an entrance fee of shs. 1000.

b) Every member shall pay a subscription fee of ksh.100.

 

c) Any member desiring to resign from the society shall submit his/her resignation to the secretary, which shall take effect form the date of receipt by he secretary of such notice.

d) Any member may be expelled from membership if the committee so recommends and if a general assembly of the society shall resolve by two thirds of the majority of the members present that such member should be expelled on the grounds that his conduct has adversely affected the reputation of the society or dignity of the society, that has contravened any of the provision of the constitution of the society. The committee shall have powers to suspend a member form the membership until the next general meeting of the society following such suspension but notwithstanding such suspension a member whose expulsion is proposed shall have the right to address the general meeting at which his expulsion is to be considered.

e) Any person who resigns or is removed from the membership shall not be entitled to a refund of his subscription or any part thereof or any monies contributed by him /her at any time.

f) Any member who falls into arrears with his monthly subscription for more than six months shall automatically cease to be a member of the society and his/her name shall be struck off the registered members. The committees may, however, at the discretion, reinstate such member on the payment of the total amount of the subscription outstanding.

4.0 OFFICE BEARERS

The Society shall have eight office bearers namely:

a).Patron

b).The Chairperson

c).The vice Chairperson

d).Secretary

e).Assistant Secretary.

f).Treasurer.

g).Assistant Treasurer

all of whom shall be fully be paid-up members of the society and shall be elected at the annual general meeting to be held in each year.

(b) All office bearers shall hold office from the date of election until the succeeding annual general meeting subject to the conditions contained in sub- paragraphs (c) and (d) of this rule but shall be eligible for re-election.

(c) Any office bearer who ceases to be member of the society shall automatically cease to an office bearer thereof.

(d) Office bearers may be removed from office in the same way as is laid down for the expulsion of members in rule 3 (d) and vacancies thus created shall be filled by persons elected at the general meeting resolving the expulsion.

7.0    DUTIES OF THE OFFICE BEARERS

The patron

The Society members shall appoint the patron who shall serve for five years             and shall have the following responsibilities.

a) Advise the chairperson, secretary, the treasurer and all sub-committees of the group on matters relating to smooth running of the group.

b) Sourcing of new partners

c) As the committee may deem fit, represent the group and its interest in relevant meetings.

d) Advising the group on strategic approaches which may enhance the group’s role as main stakeholders in community development.

e) Ensuring the Society as whole sets and stick to its policies and priorities, serving as a spokespersons of the group.

f) Helping members and volunteers deal with difficulties.

g) Shall be one of the four bank signatories of the Society .

The chairperson

The chairperson shall have the following responsibilities

a) Planning and running meetings, ensuring everything is covered and decisions are made when required, keeping order and ensuring everyone  who wants to speak has chance to speak.

b) Ensuring the vice chair knows enough about the current issues within the Society  to be able to stand in at short notice

c) Act as co-signatory on behalf of the Society for funds received from donors or other sources.

d) Shall be one of the four bank signatories of the group

e) Shall initiate and co-ordinate fund raising activities of the Society with the guidance from the patron.

Vice chairperson

The vice-chairperson shall stand in for chair and preside over all meetings                   in the absence of the chairperson.

The secretary

The secretary who shall also be the manager of the Society implementation             activities shall have the following responsibilities

a) Helping chair to plan meetings, ensuring they are held according to constitution, ensuring notices of meetings or agendas are drawn up and sent out in advance if required members receive all necessary information, taking and distributing minutes and helping the chair to ensure decisions are made when required

b) Dealing with correspondence, ensuring the appropriate people are notified of the correspondence, sending out publicity or other information about the group

c) Act as co-signatory on behalf of the Society for funds received from donors or other sources.

d) Shall carry out the  day to day management of the programmes and activities of the group

e) Shall be one of the four bank signatories of the group

Vice Secretary

- In the absence of the secretary, Assistant secretary shall perform the duties of the secretary and such all duties shall be assigned to him by the secretary or the committee whether the secretary is present or not.

The treasurer

The treasurer shall have the following responsibilities

a) Serving as a signatory for the Society ’s bank account(s)

b) Act as a co-signatory on behalf of the group for funds received from donors or other source

c) Ensuring there are proper system for receiving and paying out cash and cheques

d) Setting up appropriate book keeping and petty cash systems, and ensuring related documentation is kept.

e) Ensuring membership subscriptions are collected and proper membership records are kept

f) Ensuring other moneys due to the Society are collected, guidelines exist for action to be taken in cases of non-payment and such action is taken if required

g) Ensuring receipts are issued, if required, for money received by the group

h) Ensuring all income (including cash) is deposited into the bank

i) Ensuring all bills are paid

j) Ensuring proper systems are in place to reduce the risk of loss, theft or fraud

k) Liaising with bank or other financial institution on behalf of the Society .

Assistant Treasurer

–He/ She will perform all duties of the Treasurer assigned to him by the Treasurer shall perform the duties of the Treasurer.

8.0 THE GENERAL ASSEMBLY

The general assembly of the Society shall be highest decision making organ             of the Society and shall compose of all paid up full members. The general             assembly shall have the following responsibilities.

a) To review the functions and policies of the general assembly

b) To regulate the proceedings of the general assembly

c) To make amendments of the constitution whenever necessary and in accordance with the provision therein.

d) To elect the members of the executive committee.

9.0    EXECUTIVE COMMITTEE

There shall be executive committee members. The executive committee             shall have the following responsibilities:

a) Ensuring people within the group are clear about the Society ’s overall objects r purposes, and constitution or legal limits on what it can do

b) Setting policies and ensuring they are implemented

c) Setting strategic or long-term objectives and ensuring they fit into the group’s  objects

d) Setting medium and short-term objectives and priorities and ensuring they fit into the group’s policies and long-term objectives

e) Deciding whether to undertake new projects or activities and making policy relating to them

f) Interpreting  or adapting policy when existing activities change

g) Helping members and volunteers determine how the Society should carry out its activities.

h) Ensuring there are proper procedures for monitoring and evaluation provision and use of activities, services and facilities.

i) Maintaining democratic procedures and accountability

j) Holding committee meetings and general meetings regularly and ensuring members have the information needed to make decision

k) Calling the annual general meeting and ensuring elections and other agenda items are dealt with as required

l) Ensuring adequate communication between the committee, sub-committees, members, volunteers, clients/users, residents or other people  served by the Society

m) Ensuring the  Society will have enough money to meet any financial obligations when they come due

n) Ensuring all grants or donation  received for specific purpose are used as specified

o) Ensuring the Society is being paid enough for any services it is providing under a service agreement or contact.

p) Ensuring the Society ’s fund needed for current activities are wisely invested

q) Ensuring the Society keeps accurate and comprehensible  financial records accessible to members

r) Receiving regular financial reports in a form which committee members can understand

s) Ensuring annual accounts are drawn up and audited in accordance with this constitution and where relevant, donor’s requirements and /or legislation

t) Authorizing the withdrawal of the Society ’s funds from the bank of which the bank signatories shall be chairperson, secretary, treasurer and patron

10.0 MEETINGS

EXECUTIVE COMMITTEE MEETING

a) The executive committee shall meet twice in a month or at any    time that is deemed necessary

b) The quorum shall consist of 2/3 of its members

c) All meetings of the executive committee shall be chaired by the chairperson and in his absence the vice-chairperson shall preside and in the absence of both the committee shall nominate someone from amongst the members present to preside over meeting

d) Any decision to be made shall be decided by a 2/3 majority of vote and in case of equality of vote, the chairperson shall have a second casting or vote.

General meetings

a) The general meeting shall be held four time in year

b) The quorum for the meeting shall 2/3 of all members

c) All meetings of the Society shall be chaired by the chairperson and in his absence the vice chairperson shall preside and in the absent of both a person shall be nominated amongst the members present to preside over the meeting.

d) Any decision to be made shall be decided by a 2/3 majority.

Annual general meeting

a) The executive committee shall convene a meeting during the Society ’s annual event, which shall  be referred to as the annual general meeting (AGM)

b) The executive committee shall convene a meeting during  the group’s annual event which shall be referred to as the annual general meeting (AGM)

c) The AGM shall be convened by thirty days notice specifying the place, date and time thereof and the business to be transacted thereat and a list of the full members fully paid up

Extraordinary annual general meeting

a) The executive committee may at any time on its own discretion convene an extraordinary AGM of the Society.

b) Two third (2/3) of the fully paid up members of the Society may at any time make requisition  for an extraordinary of AGM of the Society by writing a notice signed by all of them specifying the objectives of proposed meeting and deliver to the secretary of the Society.

c) Upon receipt of such requisition (notice), the executive committee shall convene the meeting by giving 14 days notice specifying the place, date, time of the meeting and the business to be transacted thereafter.

d) If the executive committee fails in its duties to convene the meeting, the members requisitioning the meeting shall proceed and may appoint one of the members to chair it.

e) A notice convening the AGM shall be given to every member either in person or by sending it by post or delivering it at the member’s last known address

11.0 PROCEDURE AT AGM

a) No business shall be transacted at any AGM unless 2/3 of paid up full   members are present at the time the meeting proceeds.

b) If within one hour from the time appointed for the meeting all paid up full members are not present, the meeting if convened on the requisition of members, shall be dissolved; but in any other case, it shall stand adjourned to the same day in the following week at the same time and the place, and if at the adjournment of the meeting, members present do not reach 2/3 of the fully paid up members within one hour from the time appointed for the meeting the members then present shall constitute a quorum

c) All resolutions of the Society’s AGM shall be by 2/3 majority vote

d) At all AGM s, the chairperson of the society shall chair the meeting or on his/her absence the vice chairperson shall conduct the meeting; in the absence of both, then the members of the group then present shall elect one member to chair the meeting.

12.0 TRUSTEES

(a) All land, buildings and other immovable property and all investments and securities which shall be acquired by the society shall be vested in the names of not less than Five trustees who shall be members of the society and shall be appointed at an annual general meeting for a period of three years. On retirement such trustees shall be eligible for re-election.

A general meeting shall have the power to remove any of the trustees and all vacancies occurring by removal, resignation or death shall be filled at the same or the next general meeting.

(b) The trustees shall pay income received from property vested in the trustees to the Treasurer. Any expenditure in respect of such property which in the opinion of the trustees is necessary or desirable shall be reported by the trustees to the committee which shall authorize expenditure of such monies as it thinks fit.

13.0 AUDITOR

a) The executive committee shall appoint an auditor to check the financial books of the society’s. This shall only be done if the group shall have adequate funds to hire an auditor. If the cannot afford to hire an auditor, then a special committee of four people shall be formed to do the auditing exercise whose chairman shall be the patron.

14.0   FUNDS

(a) The funds of the society may only be used for the following purposes-

(i) Administration purposes.

(ii) Organizing of various events.

(iii) Running of the society’s projects.

(iv) Any other use dimmed to be of just (purpose) to the society and defined beneficiaries.

(b) All the monies and the funds shall be received and paid to the Treasurer and shall be deposited by him/her in the name of the society in the any bank or banks approved by the committee.

(c) No payments shall be made out of the bank account without a resolution of the committee authorizing such payments and all cheques on such bank account shall be signed by the Treasurer or the Assistant Treasurer and the two office bearers of the society who shall be appointed by the committee.

(d) A sum not exceeding not exceeding sh.1000 may be kept by the Treasurer for petty disbursements of which proper account shall be kept.

(e) The committee shall have the power to suspend any office bearer who it ahs reasonable cause to believe is not properly accounting for the funds or property of the society and shall have power to appoint another person in his place. Such suspension shall be reported to a general meeting to be convened on a date not later than two months form the date of such suspension and the general meeting shall have full power to decide what further action should be taken in the matter.

(f) The financial year of the society shall be for 1^st January to 31^st December.

15.0 BRANCHES

Branches of the society maybe formed with the approval of the committee    and the Registrar of societies and they will adopt the same constitution as that of the headquarters with the following exceptions:

(a) The aims and objectives of will not include the information of branches.

(b) Amendments to the constitution can only be made by the headquarters of the society in accordance with the provisions of rule 14.

(c) Provisions of rule 15 shall apply to the branches but, in addition, branches will not dissolve without consultation with the headquarters.

16.0   AMENDMENTS TO THE CONSTITUTION

This constitution shall not be amended without the prior consent of the Registrar obtained upon application to him/her made in writing and signed    by three of the office bearers.

17.0 DISSOLUTION

a) The society shall not be dissolve except by a resolution passed at a general meting of the members by a vote of two-thirds of the quorum present. The quorum of the meeting shall be in such ways that all registered members are present. If no quorum is obtained the proposal to dissolve the group shall be submitted to a further general meeting of the group at least 14 days prior to the date of the meeting. The quorum for the second meeting shall be the number of members present

b) Provided however, that no dissolutions shall be effected without prior permission in writing of the Registrar, obtained upon application made in writing and signed by three of the office bearers

c) When Registrar has approved the dissolution of the group no further action shall be taken by the executive committee or any office bearer of the group in connect with the society’s activities. Subject to payments of all the debts of the societies, the balance therefore, shall be distributed in such other manner as may be resolved by the meeting in which resolution for dissolution was passed.

18.0   INSPECTION OF THE ACCOUNTS AND LIST OF MEMBERS

The books of accounts an the documents relating thereto and the list of the members of the society shall be available for inspection  at the registered office of the society by any officer or the member of the society on giving not less than seven days notice in writing to the society.