HOCUSA CONSTITUTION

H O C U S A C o n s t i t u t i o n _ S e p t e m b e r _ 2 0 1 4

HOMABAY COUNTY STUDENTS ASSOCIATION

(HOCUSA)

THE CONSTITUTION

HOMA BAY COUNTY STUDENTS ASSOCIATION

(HOCUSA) TOGETHER WE STAND TOGETHER WE GROW


First produced May, 2014

Second draft August 2014 by HOCUSA Constitution Review

Committee

First Edition September 2014

Second Edition December 2014

HOCUSA CONSTITUTIONAL COMMITTEE,

HOCUSA,

Homa Bay County Main Office,

Contact

P.O BOX 290, Homa Bay, Kenya.

0720988556

[email protected],

[email protected] /[email protected]

This Constitution is created, written, reviewed and produced

by the HOCUSA Constitution Review Committee under the

stewardship of Mr. Oguta Onyango.

copyright© 2014 Homa Bay County Students’ Association

(HOCUSA)

All rights reserved. No part of this publication may be

reproduced, stored in retrieval system, or transmitted, in any

form or by means, electronic, mechanical, photocopying,

recording, or otherwise, without the prior written consent of

HOCUSA.

©HOCUSA 2014.

mailto:[email protected]




ACKNOWLEDGEMENT

The Constitution Review Committee wishes to acknowledge

the contributions made by all the founder members towards

the process of formulating, writing and producing this

Constitution. These numerous efforts enabled the effective

production of the First Constitution of HOCUSA.

We also wish to express our gratitude to the members who

saw us fit to handle this crucial document of the Association.

We thank the Almighty God who gave us the strength to do

the work we did with honesty, sincerity and in good faith to

the Association.

OGUTA ONYANGO CAVINE

CHAIRPERSON-CONSTITUTION REVIEW COMMITTEE

P.O BOX 74

KENDU-BAY, KENYA.

[email protected]/[email protected]

mailto:[email protected]/[email protected]


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© 2014 HOCUSA CONSTITUTION

ARRANGEMENT OF CHAPTERS

ACKNOWLEDGEMENT ................................................................... III CHAPTER I- NAME, MISSION, VISION AND FUNCTIONS ..........................1 1. NAME .........................................................................................1 2. MISSION STATEMENT ............................................................1 3. TRUSTEES .................................................................................3 4. STATEMENT OF OBJECT AND FUNCTIONS .......................4 5. PRINCIPAL PLACE OF ADMINISTRATION ..........................8 CHAPTER II MEMBERSHIP ............................................................. 10 6. CATEGORY OF MEMBERS ................................................... 10 7. MEMBERSHIP FEES ............................................................... 13 8. MEMBERS RIGHTS AND OBLIGATIONS ........................... 15 9. REGISTER OF MEMBERS AND OFFICIALS ....................... 16 CHAPTER III OFFICERS ................................................................... 20 10. GENERAL REQUIREMENTS FOR ALL OFFICERS ............ 20 11. OFFICERS OF THE ASSOCIATION ....................................... 21 12. PRINCIPLES OF LEADERSHIP .............................................. 29 13. FUNCTIONS, ROLES AND DUTIES OF THE OFFICERS .... 29 14. THE ASSOCIATION CHAIRPERSON .................................... 30 15. THE DEPUTY CHAIRPERSON .............................................. 31 16. THE SECRETARY GENERAL (SG) ....................................... 32 17. THE FINANCE MANAGER .................................................... 33 18. THE PROJECT MANAGER ..................................................... 34 19. THE ORGANIZING SECRETARY.......................................... 35 20. THE PUBLIC RELATIONS OFFICER .................................... 35 21. DEPUTY SECRETARY GENERAL (DSG) ............................ 36 22. THE CASE OF ABSEENTISM BY AN OFFICIAL................. 37 CHAPTER IV THE ADVISORY BOARD ......................................... 39 23. COMPOSITION OF THE ADVISORY BOARD ..................... 39 CHAPTER V ELECTIONS AND APPOINTMENTS OF OFFICIALS, TERM OF

OFFICE BEARERS AND CASUAL VACANCY ........................................... 40 24. ELECTION AND APPOINTMENT OF OFFICIALS .............. 40


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25. THE ELECTORAL BODY ....................................................... 44 26. ELECTORAL PROCEDURES ................................................. 45 27. TERM OF OFFICE HOLDERS ................................................ 46 28. CASUAL VACANCIES ............................................................ 47 29. CONDITIONS FOR CASUAL VACANCY ............................. 47 CHAPTER VI FUNCTIONS OF VARIOUS ORGANS OF HOCUSA ............. 50 30. FUNCTIONS OF THE COUNCIL AND THE SECRETARIAT

50 31. FUNCTIONS OF THE CHAIRPERSON TO THE COUNCIL 53 32. FUNCTIONS OF THE ADVISORY BOARD .......................... 53 33. FUNCTIONS OF THE BOARD’S CHAIRPERSON ............... 54 34. TERM OF OFFICE OF THE MEMBERS OF THE BOARD ... 55 CHAPTER VII MEETINGS OF THE COUNCIL, POWERS AND REMOVAL

FROM OFFICE ....................................................................................... 56 35. MEETINGS OF THE COUNCIL .............................................. 56 36. CHAIRING AND VOTING AT THE COUNCIL MEETING .. 56 37. VALIDITY OF A RESOLUTION BY THE OFFICIALS ........ 57 38. RESPONSIBILITIES OF OFFICIALS AND OFFICERS ........ 58 39. REMOVAL OF OFFICIALS .................................................... 58 40. COMMITTEES OF HOCUSA .................................................. 60 41. COMPOSITIONS AND FUNCTIONS OF COMMITTEES .... 63 CHAPTER VIII MEETINGS OF MEMBERS .................................... 74 42. MEETING OF THE ADVISORY BOARD .............................. 74 43. TYPES AND FREQUENCY OF MEETINGS .......................... 74 44. PROCEDURES AT THE MEETINGS ..................................... 76 45. POWERS OF AGM/SGM MEETINGS .................................... 76 CHAPTER IX FINANCIAL MATTERS ............................................ 78 46. FINANCIAL YEAR .................................................................. 78 47. FUNDS ...................................................................................... 78 48. BANK ACCOUNT .................................................................... 79 49. ANNUAL REPORT .................................................................. 82 50. COMMON STAMP ................................................................... 83 51. THE AUTHORITY OF THE COUNCIL .................................. 84 52. CUSTODY OF DOCUMENTATION AND MATERIALS ...... 84


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CHAPTER X DISPUTES AND DISCIPLINE .................................... 86 53. DISPUTES ................................................................................. 86 54. DISCIPLINARY MATTERS AND PROCESSES .................... 87 CHAPTER XI MISCELLANEOUS .................................................... 90 55. PATRON AND VICE PATRONS ............................................ 90 56. THE MATRON ......................................................................... 92 57. APPLICATION OF INCOME .................................................. 92 58. ALTERATIONS TO THIS CONSTITUTION .......................... 94 59. BY-LAWS ................................................................................. 95 60. WINDING UP ........................................................................... 96 61. INDEMNITY ............................................................................. 98 62. COLOURS ................................................................................. 98 63. SCHEDULE ONE DEFINITION ................................................ i 64. SCHEDULE TWO RESPONSIBILITIES OF OFFICIALS AND

OFFICERS ............................................................................................ i 65. THE COLOURS, LOGO AND FEATURES OF HOCUSA .......v 66. SCHEDULE THREE- FIRST ELECTION ............................... vi 67. SCHEDULE FOUR-.................................................................. ix 68. DECLARATION .........................................................................x


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CHAPTER I- NAME, MISSION, VISION AND

FUNCTIONS

1. NAME

i. There is formed an association of Post-secondary school

students from Homa Bay County.

ii. The name of the Association shall be “HOMABAY

COUNTY STUDENTS ASSOCIATION” herein

referred to as (HOCUSA).

iii. The Association shall be non-political and shall

advance its objectives with regard to the existing rules

governing societies, as specified under the Act, and

with none discriminatory principles and practices.

iv. The Association shall be the overall body and/or

headquarters, representing institutional based affiliate

associations formed by members of the Association in

accordance to the provisions of this Constitution and the

Act.

v. The affiliate associations referred herein shall be formed

and registered by, and with Homabay Students at the

respective Institutions where membership is permitted

and in accordance to the existing regulations at those

institutions.

vi. The Association shall be gender sensitive and shall

operate in such a manner to promote gender balance and

equity.

2. MISSION STATEMENT

To create opportunities and develop an environment suitable

for members to explore and inculcate their abilities and skills

thereby enhancing socio-economic freedom and a certain

degree of dependability at all levels of life; and to be a body

for the integration of members.


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2-1 VISION STATEMENT

To be a leading Association of students in the dissemination

of outreach activities, promotion of learning activities, socio-

economic development and capacity building of youths in

Homabay County.

2-2 AFFILIATE ASSOCIATIONS

HOCUSA may form Affiliate associations in every institution

where members are students and membership is allowed

under this Constitution. The Affiliate associations shall be

affiliate bodies to HOCUSA and shall be registered at those

institutions in accordance to the regulations therewith and

shall adopt the Association’s Constitution but shall have the

following limitations to their capacities, roles and nature of

operations:

1. The Objectives of the Affiliate associations shall not

include to form Affiliate associations or enter into

affiliations unless shall intended affiliations are

approved by the headquarter office.

2.Amendments to the Constitution can only be made by

the headquarters of the Association in accordance with

the provisions of Rule 55.

3. The provisions of Rule 57 shall apply to Affiliate

associations but, in addition, Affiliate associations will

not be dissolved without consultation with the

headquarters.

4.All limitations to the extent of services, operations,

powers and authority, management structures and their

authority as contained in this Constitution or otherwise

provided herein.

5.All the affiliate associations shall be organized

according to provisions of this Constitution and shall

remain part of the Association; and shall have no

power to make a ruling or to enforce a law or


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regulation that contravenes the provisions of this

Constitution.

6. The affiliate associations shall have the right to make

their By-Laws, but any made laws shall be forwarded

to the Amalgamation Committee for approval before it

is executed or enforced.

The affiliates shall be Institutional chapters to HOCUSA

bearing the full name of the association and including the

name of the institution where it is registered and the wording

―chapter‖.

3. TRUSTEES

a. All land, buildings and other immovable property and all

investments and securities which shall be acquired by the

Society may be vested in the names of the Association or

not less than five (5) trustees who shall be members of

the Society and shall be appointed at an annual general

meeting for a period of two years. On retirement such

trustees shall be eligible for re-election.

b. 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 next

general meeting.

c. The trustees shall pay all 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 Council which shall authorize expenditure

of such moneys as it thinks fit.

d. The Council shall set regulations to give effect to this

Rule and circumstances under which trustees shall be

contacted.


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4. STATEMENT OF OBJECT AND FUNCTIONS

a-

i. The object of HOCUSA is to act as a regional body with

unlimited operations, for the promotion and support of

socio-economic development and freedom among

members and the members of the society.

ii. In pursuing its Objects HOCUSA shall be guided by the

principle of equity, democracy, transparency, openness,

simplicity and shall be unbiased or otherwise to any

party(s).

b- HOCUSA will promote its object through the following

principal functions:

i. Developing, conducting and promoting Members’

participation in socio-economic development through

ways and means applicable.

ii. Enhancing and/or otherwise guiding the formation of,

establishment of, and management of, the Affiliate

associations formed by members according to the objects

of the Association.

iii. Co-operating with Members, relevant Associations,

groups, organizations, and agencies to assist Members to

promote and support economic and social development

including education, health and creativity.

iv. Conduct civic awareness on various issues of national

importance, through partnership and cooperation with

other such related bodies and agencies.

v. Facilitating the formation of business firms and acquire

any such documents, permits and authority to manage the

firms in accordance to the Act.

vi. Being a member of, and, otherwise participating in, and

liaising with, other bodies locally and at the


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International level and such other bodies as may be

desirable in pursuit of its Object; mission and objectives.

vii. Strategizing the formation of Affiliate associations in

all the Institutions where membership is allowed.

viii. Representing the interests of the Members, the society,

and in particular, bringing issues which involve the

Association to the attention of the government and other

relevant organizations and agencies.

c- HOCUSA will also pursue its object by:

i. Promoting and supporting the health and well-being of

Members and others through any relevant means.

ii. Maintaining and developing necessary networks to

support the Objectives and Mission of the Association.

iii. Working in liaison with relevant bodies to develop

reasonable academic standards among Members and

other members of the society.

iv. Forming Affiliate associations in all the Institutions

where membership is allowed under this Constitution.

v. Being a source of academic excellence through

conducting educational/motivational advice and visits to

schools and learning institutions to encourage pupils and

students on matters of academics, social life and general

life skills.

vi. Organizing, promoting and conducting relevant settings

to promote development of Members in various levels of

life.

vii. Setting, promulgating and securing acceptance of the

rules and standards necessary for the management and

control of HOCUSA objectives.

viii. Entering into such commercial arrangements, including

sponsorship and marketing opportunities, as are


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appropriate to further the Object and Functions of

HOCUSA. ix. Working with such other regional, national and

international organizations, and individuals as are

appropriate to promote the objectives and interests of

HOCUSA. x. Being the arbiter on matters concerning the conduct of

HOCUSA, including disciplinary matters and to use and

protect HOCUSA collective intellectual property and

skills of members.

xi. Undertaking reasonable steps in advancing the socio-

economic power and ability of members.

xii. Undertaking development procedures including

agriculture, to promote the members income.

d- In pursuing and promoting its object and exercising its

functions and powers HOCUSA shall:

i. Act in good faith to promote and support the highest

standards of quality and integrity.

ii. Promote mutual trust and confidence between HOCUSA

its Members and the Society.

iii. Promote the economic and social success, strength and

stability of HOCUSA Members; and

iv. Have regard for the public interest in all its operations.

e- THE OBJECTIVES OF HOCUSA

The Objectives of HOCUSA shall be;

1. To encourage, foster and develop among its members,

recognition of the importance of, and participation in,

agricultural activities, agribusiness activities, and

aquaculture related entrepreneurial activities, and other

forms of income generating activities to the members and


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the Association; in the national life and hence promoting

livelihood.

2. Promote the wellbeing of young members of the society

and other members of the society in general through

provision of employment avenues and linking members

to possible employers.

3. To sell, manage, lease, mortgage, dispose of, or

otherwise deal with the property of the Association.

4. To provide for the recreation of the members and to

promote and afford opportunity for friendly and social

activities.

5. To form Affiliate associations in all the Institutions

where membership is allowed to promote faster

implementation of the objectives and accessibility.

6. To acquire lands, by purchase or otherwise, erect or

otherwise provide a building or buildings for social

economic and community purposes.

7. To encourage and promote amateur games and exercises

to members of the society.

8. To establish any such structures, centres, places and/or

facilities that will promote the achievements of its

objectives.

9. To provide a meeting place for the consideration and

discussion of questions affecting the interests of the

community.

10. To form a Credit and Servings Account (SACCO) for

all its members.

11. To promote, develop and sustain business and any such

related ideas that will be pursued to improve the

intellectual power and entrepreneurial interests of

members thereby providing a wider scope of socio-

economic achievements.


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12. To carry on a literary and debating activities for the

discussion of topics of general interest, and to

encourage the practice of public speaking among its

members and students in secondary schools.

13. To procure the delivery of lectures on social, education,

political, economic and other subjects, and to give and

arrange musical and dramatic entertainments.

14. To establish and maintain a library and reading room to

be used by members of the public.

15. To provide all necessary equipment and furniture for

carrying on its various objects.

16. To provide a centre and suitable meeting place for the

various activities of the community.

17. To promote gender equality by striking effective

balance in the economic and academic achievements of

members.

18. To promote awareness on pressing social issues

including health and lifestyle in the society.

19. Link the members of the Association to the various

sources of incentives to promote the general welfare

and life standards.

5. PRINCIPAL PLACE OF ADMINISTRATION

i. The principal place(s) of administration of HOCUSA,

also known as the Office, shall be located at the County

Headquarters.

ii. The Affiliate associations formed under this Association

shall have their headquarters at the Institutions where

they are operating from or otherwise formed, and may

have members of the Affiliate association appointed by

the members to operate therein.


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iii. There may be Affiliate association’s offices at places

determined by members of the Affiliate association’s

and manned by persons approved by the members of

the Affiliate association, or as provided under this

Constitution.

iv. The decision of the Council on the place(s) of

meeting(s) shall be final and binding.

v. There may be officers as determined by the Council to

operate at the Head Offices at specified times.


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CHAPTER II MEMBERSHIP

6. CATEGORY OF MEMBERS

i) The categories of Membership of HOCUSA,

(collectively called ―Members‖) shall be:

a) Members as described in Rule 6 (ii).

b) Any other category or categories of Membership as

determined by the Council.

ii) ORDINARY MEMBERS

1. Subject to Rules 6 (2) and 6 (3), an Ordinary Member

shall be:

a) A Kenyan Citizen from any Constituency within

Homabay County, being a student in any learning

institution where membership is allowed, and is within

the Constitutional meaning of a youth; or

b) Any youth from Homabay County who in the opinion of

the Council meets criteria specified for membership by

the Executive Committees of the affiliate associations; or

c) A student from any University, College or Academic

Institution outside Kenya, other than below secondary

school; who meets Rule 6 ii (1a) above or any other set

requirements under this Constitution and/ or By-Laws.

d) One shall be a member by default upon joining any

affiliate association of HOCUSA, formed under this

Constitution, as a member, and subscribing to that

affiliate as required.

e) Members under (d) above shall not be required to

observe other requirement of Rule 6(2) provided that

their details are available to the County Head Offices.

2. a) Any person or Associations of persons seeking to

become a Member as under rule 6(ii) 1c must apply to


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the Secretariat of HOCUSA on the prescribed form

and pay Membership Fee(s) – Affiliations and

Subscription as contained thereof.

b) An application form received by the Secretariat

shall be forwarded to the Amalgamation Committee

which shall carry out its duties as required by the law.

c) The Amalgamation Committee shall then present its

decision on the application to the Council.

d) The Council shall determine in its discretion

whether to admit an applicant.

e) A decision of the Council to admit a member under

rule 6(2) d may be disallowed by a resolution

supported by the absolute majority of members

present at an AGM following the Council’s decision.

3. A decision of the Council or the AGM to reject or

disallow membership shall be final.

4. If the Council and/or the AGM reject an application of

membership, the amount paid by the person whose

membership application is rejected shall be refunded

to them immediately after the decision.

5. All membership fees shall be paid to the Affiliate

association’s Treasurers, or in case the registration is

conducted by the Secretariat, the Finance Manager, as

required by this Constitution, or shall be paid directly

to the bank account managed by HOCUSA.

6. A person who was enlisted as a Member of HOCUSA

prior to this Constitution shall be considered a member

and deemed to have fulfilled the requirements of Rule

6(1), unless;

a) Such a person is blocked from continuing as a member

by a resolution of the Council supported by the absolute

majority of members present at an AGM following the

Council’s decision;


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b) The member resigns by writing to the SG.

c) A request of a Member described in 6(6) (b) shall be

granted as described in this Constitution if such a

Member meets any requirement set by the Council or in

this Constitution.

7. LIFE MEMBERS

i) A Life Member is a person who has given outstanding

contribution or service to HOCUSA and who has been

granted Life Membership of HOCUSA under Rule

7(ii).

ii) An Alumni or Associate of institutions of learning

from which membership is open may, after

confirmation by members, be nominated by the

Association to be a life member.

iii) A person shall become a Life Member by

recommendation of the Council or the Affiliate

associations and subsequent vote by three-quarters

majority of those present, in person or by proxy, and

entitled to vote at an AGM of Members if such a

person has attained an age above the minimum age

limit for a member. Such process shall be carried out

in accordance with the regulations provided by the

Amalgamation Committee.

iv) A Life Member shall have the same rights and

obligations as all other Members, except s/he shall

have no right to vie and be elected to be a member of

the Secretariat, but may have right to hold any other

office created under this Constitution upon meeting

any set requirements for the respective office

v) Council shall set other duties and functions of life

members and give further regulations to this rule.


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8. SPECIAL MEMBERS

i. Members of the society with outstanding

contributions and impact to the Association may be

members of the Association after an approval

supported by at least two-third of all the members of

the Association during an AGM on which the matter

is presented.

ii. Each Affiliate association may also nominate

members to be considered for Special Membership

and the AGM shall have the power to allow or

disallow such nominations accordingly.

iii. Special members may not be persons from

Homabay County or a Constituency in Homabay

County, or a Kenyan Citizen by birth.

iv. The Council shall set requirements for the

application of Rule 6(8).

7. MEMBERSHIP FEES

i- There shall be a membership fee of not less than Kshs.

100 payable by all members of the Association once

and during their entry into the Association.

ii- The Council shall have the authority to, subject to

approval of members; review the membership fee

and/or other fees payable by all Members to

HOCUSA, the due date for payment of the fee(s), the

frequency of payments and the manner of payment.

iii- The Treasurer of each Affiliate association shall be

responsible for the collection of all funds and fees paid

in favour of HOCUSA by all members, and shall issue

receipts of payments of such funds, money, or

resources received from payments by members, for the

purpose of this Rule, or any other Rule, and shall


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deposit all the funds to the Association’s Bank

Account(s) belonging to that Affiliate association, if

that collection is not made in favour of HOCUSA, and

where the collections are made by a members in

favour of HOCUSA, the treasurer shall remit such

collections to the Finance Manager in accordance to

this Rule.

iv- The payment made by a member in favour of

HOCUSA shall be remitted to HOCUSA accounts

through the Finance Manager.

v- Despite any provisions herein, a member may pay

their dues directly to the Finance Manager or deposit

such payments to HOCUSA Bank accounts, but shall

forward all receipts indicating that particular payment

to the Finance Manager.

vi- Every affiliate association may have other ways of

payments of monies or means of acquiring finances or

other resources.

vii- In fulfilling Rule 7 the Council shall be considerate

and accommodative and fair to all members.

viii- Subject to this Constitution and By-Laws any

decisions of the Council on Rule 7 shall be binding to

all members and shall not be subject to any resolution

or appeal.

ix- Nothing in this Rule shall hinder any reasonable

tool adopted by any affiliate association to collect,

manage and sustain its finances.


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8. MEMBERS RIGHTS AND OBLIGATIONS

(1.) In becoming a Member, an Officer or an Appointed

Official a person or organization is deemed to

acknowledge and agree that:

a. They are entitled to all benefits, advantages,

privileges and services conferred by this

Constitution.

b. This Constitution constitutes a contract between

each of them and HOCUSA and that they are bound

by this Constitution and the By-Laws.

c. They will comply with and observe this

Constitution and the By-Laws and any

determination, resolution or policy which may be

made or passed by the Council in respect of

HOCUSA.

d. That the Affiliate associations are useful and

reasonable for the realization of the Associations

Objectives.

e. This Constitution and the By-Laws are necessary

and reasonable for promoting the Objects and

Functions of HOCUSA.

(2.) All members shall be required to sign the

Membership forms and agree with all the terms and

conditions before their Membership is approved.

(3.) No issue of Membership approval shall be an

individual’s duty unless such duties are delegated to

the person.

(4.) All members shall have an absolute authority to

obtain any kind of information about the Association,

or any sought clarification from any organ, Affiliate

association or officer of HOCUSA.


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(5.) Subject to provisions of this Constitution, a member

shall have the right to be elected, nominated and/or

appointed in any capacity of leadership, if they meet

the relevant set requirements for the respective offices

or capacities.

(6.) All members shall have the right to vote at an

election and to elect a leader of her/his interest or

choice.

9. REGISTER OF MEMBERS AND OFFICIALS

a- The Register

i. There shall be a register of all members for every

Affiliate association’s kept and maintained by the

Secretaries of the organizations.

ii. The Affiliate association’s Secretary shall update

the County Registry by forwarding new entries in the

Affiliate association to the Secretary General.

iii. The Secretary General shall keep and maintain a

register in which shall be entered the full name,

constituency, address, class of Membership, Member’s

occupation or education level and date of entry of each

Member, Officer, Office Bearer and Appointed Official

(―the County Register‖).

iv. Any entry in the Register shall be available for

inspection by Members, Officers, and elected Officials

and subject to terms and conditions of the Societies Act

be available to officers mandated by governments,

agencies and other organizations for scrutiny and

inspection.


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b- Resignation of a Member

i. A Member may resign from membership of

HOCUSA by giving written notice to that effect to

the Secretary of the Affiliate association’s he/she

belongs to.

ii. The Secretary shall communicate any resignation of a

member in his/her Affiliate association to the

Secretary General within two weeks from the date of

receipt of the resignation.

iii. The SG shall lodge a request to the Welfare

Committee to consider any necessary undertaking

regarding the benefits and dividends of the member

and communicate to the relevant Organ of the

Association for the requisite actions to be taken.

iv. Such resignation does not relinquish that Member’s

obligations to pay any unpaid Membership Fees or

other money owing to HOCUSA as at the date of

receipt of the resignation notice.

v. A member who resigns and is found to have their

records of payments to the Association properly

reflecting the days he/she has been in the

Association, and has no debt of the Association or the

Affiliate associations, shall be entitled to a reasonable

pack of their share of the Association.

c- Termination of Membership

i) A Member may have their membership of HOCUSA

terminated by the Council if the Affiliate associations

from which the member belongs terminates his/her

membership of the Affiliate association’s accordingly.

ii) An Affiliate association’s Executive shall have similar

powers as of the Council in regard to this rule.

d- In addition to Rule 9(b) but subject to Rule 9(c), a

Member’s membership of HOCUSA may be terminated if the


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Council, after reasonable enquiry, determines that the

Member has not complied, or is unable to comply, with a

reasonable Council decision, the Constitution, the By-Laws,

or any policies or reasonable direction of the Council.

e- Before any decision under Rule 9(d) is made the Member

concerned shall:

i) Be given seven (7) days written notice by the Council of

the intended resolution, and

ii) Have the right to be present through an authorized

representative, make submissions and be heard at the

Council meeting at which the resolution is to be

determined.

iii) If by the termination of the notice period, a member has

not responded to the notice thereof, the Council shall

deregister the member from the Association and no

further actions may be taken by the member or any

member of the Association on that matter.

f- Any Member whose membership is terminated under Rule

9(d) may appeal the decision of the Council to a Special

General Meeting called following the decision of the Council.

The appeal shall be lodged with the SG not more than two (2)

months after the Council’s decision. Then;

i) The appeal shall be allowed if a three-quarters majority

of those present, in person, and entitled to vote at the

Special General Meeting do so in favour of such appeal.

ii) The decision of the AGM/Special General Meeting shall

be final.

g- Membership which has been terminated under Rule 9(d)

may only be reinstated by a resolution recommended by the

Council and passed by majority votes at a subsequent

SGM/AGM Meeting of Members.

h- A Member who ceases to be a Member of HOCUSA shall

forfeit all rights in, and claims upon, HOCUSA and its


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property, and shall not use any property of HOCUSA,

including Intellectual Property, except such claims made on

welfare matters.

i- Upon fulfilment of reasonable requirements of membership,

the SG shall produce Membership Card to the relevant

member.

j- Membership Card shall be used for purposes specified in

this Constitution or the By-Laws and may be evidence of

Membership.

k- The SG shall determine the minimum conditions and

requirements to be attained by a member for purposes of

Rule 9(j).

l- The Council shall determine the extent to which the

Membership card is used and/or what features are to be

included in that Card.

m- Despite any provision under this rule, an affiliate

association may issue certificates to its members in a manner

adopted by that affiliate association.


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CHAPTER III OFFICERS

10. GENERAL REQUIREMENTS FOR ALL OFFICERS

i. All the Officers of the Secretariat shall be elected by members at an

AGM/SGM under this Constitution.

iii. Members to be elected or appointed or nominated to serve in

any capacity in HOCUSA shall meet the following requirements-

but not limiting any other reasonable requirements set in the By-

Laws of this Association:

a) Must be a Kenyan citizen hailing from Homabay County;

b) Must be a member of an Affiliate association’s created under this

Constitution;

c) Possess leadership qualities required for the development,

maintenance and achievements of the Associations objectives;

d) Express willingness to serve the Association with no conditions.

e) Demonstrate the capability to perform the duties of the post s/he

wants to be elected into;

f) Be innovative, a good performer and dedicated to the service of the

Association;

g) Shall be a member of the Association who has been observant and

dedicated to the requirements, activities and operations of the

Association for at least a reasonable record of time;

h) Be of good character and able to work effectively with others;

i) Shall demonstrate proof of leadership in life;

j) Be of good character desirable for a leader and must be fit to hold

office created under this Association;

k) Be ready to defend this Constitution.


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11. OFFICERS OF THE ASSOCIATION

PART 1-THE OFFICERS OF HOCUSA COUNCIL

There is established HOCUSA GOVERNING COUNCIL, herein

referred to as ―Council‖ or ―the Council‖ and shall be the overall

Management Organ of the Association.

The Council shall be constituted as follows:

1. The Secretariat.

2. The Affiliate association’s Chairpersons.

a) The Secretariat.

The Secretariat shall include:

Chairperson, Deputy Chairperson, Secretary General, Finance Manager,

Deputy Secretary General, Project Manager, Organizing Secretary and

Public Relations Officer all elected at an AGM.

1- The Secretariat

Subject to this Constitution the Secretariat has the mandate to perform

all duties as appear necessary or desirable for the proper management

and administration of HOCUSA including but not only the management

and administration of its events, program including projects, business

and activities within the policy framework and procedures determined

by the Council and the Affiliate associations.

b) The Affiliate association’s Chairpersons

This shall be the Chairpersons of the Affiliate associations of the

Association elected as provided in this Constitution.


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PART 2- OFFICERS OF THE AFFILIATE ASSOCIATION’SES

1- THE AFFILIATE ASSOCIATION’S EXECUTIVE

COMMITTEE

Shall be referred to as the EC or the Committee

They shall include:

Chairperson, Vice Chairperson, Secretary, Treasurer, Vice

Secretary, Project Coordinator, Organizing Secretary and Public

Relations Officer all elected at an AGM.

An Affiliate association will also elect a member who shall be the

Institution’s Representative of the affiliate association to HOCUSA.

2- The Committee

Subject to this Constitution the Committee has the mandate to perform

all duties as appear necessary or desirable for the proper management

and administration of the Affiliate association’s including but not only

the management and administration of its events, program including

projects, business and activities within the policy framework and

procedures determined by the Committee in consultations with, the

Council.

The Affiliate associations shall be answerable to its members and to the

Council and shall act within the guidance of the Constitution and its by-

Laws.

(a) THE AFFILIATE ASSOCIATION’S EXECUTIVE CHARPERSON

i. Be the head of the Affiliate association.

ii. As the Chair of the Executive Committee, ensure that the

Executive Committee functions properly. The Chairperson shall

be responsible for making sure that each meeting is planned

effectively, conducted according to the Constitution and that

matters are dealt with in an orderly and efficient manner.


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iii. Regularly with the Executive Committees directive, review the

Affiliate association’s ’s performance on the latter’s behalf and,

identify and manage the process for renewal of the Executive

Committee through recruitment of new members;

iv. Co-ordinate the Committees to ensure that appropriate policies

and procedures are in place for the effective management of the

Affiliate association’s;

v. Represent the Affiliate association, or the Executive Committee

or the Committees of the Affiliate association’s as its figurehead.

vi. Be the public representative of the E. C and the Affiliate

association’s to the community at the Institution level. He/she

shall be aware of, before signing all documents that set out

policy or have financial implications for the Affiliate

association’s;

vii. Oversee the actions and duties of all other officers and

employees of the Affiliate association’s and report to the

Council;

viii. Preside over all executive and membership meetings;

ix. Delegate, assign and/ or direct duties to an Officer, Member or

any other Organs of the Affiliate association. Any such duties

shall be of interest to the Affiliate association’s;

x. Be a member of such Committees as described in the

Constitution;

xi. Be one of the signatories to the Affiliate association’s ’s Bank

Account;

xii. Initiate the formation of the Special Committees or bodies as

under the Constitution of the Affiliate association’s;

xiii. Perform any other duty(s) under the Constitution or as shall be

determined by the Affiliate association’s members and the

Council.


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(b)THE VICE CHAIRPERSON

The Vice Chairperson, herein referred to as VC shall;

i. Be the Principal assistant to the Chairperson;

ii. Be a member of and the Chair to the Welfare Committee;

iii. Assume the office of the chairperson and roles in the latter’s

absence, or in case of a casual vacancy in the latter’s office;

iv. Represent the Chair in any meeting in which the latter is

unable to attend or in case of the latter’s request;

v. Be the custodian of welfare activities and records of all

members;

vi. Act as the Treasurer in the event the latter is absent or unable

to attend their duties;

vii. Perform all the duties necessary to motivate members and

influence beneficial activities to members;

viii. Be responsible for organizing any activity targeting members

such as get together, bash among other social events in the

Affiliate association’s ;

ix. Perform any other duty(s) as shall be set by the Affiliate

association’s ;

x. Perform any other duties under the Constitution.

b (1) Subject to the provision of this Constitution, the VC shall not

represent the Chairperson as a signatory to the bank account except in

the case of vacancy in the office of the latter, where s/he shall assume

the roles of the Chair.

b (2) Rule 13.1 shall not be used in reference to a casual vacancy in the

office of the Chairperson.

(c) THE SECRETARY

The Secretary S shall:

i. Organize and follow up meetings of the Affiliate association’s ;


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i. Look after the overall administration of the Affiliate

association’s;

ii. Deal with correspondence of the chairperson's signature;

iii. Contact other members to follow-up tasks needing to be done;

iv. Advice the Affiliate association’s on casual vacancies existing in

the Affiliate association’s at all levels of leadership and initiate

due process to fill any such vacancies in accordance with the

Constitution;

v. Accompany the Chairperson, or the Person performing the roles

of the chair to joint meetings of the Affiliate association’s with

other Affiliate association’s’s where s/he shall take minutes or

notes on behalf of the Affiliate association’s;

vi. In liaison with the Organizing Secretary make sure a place is

available for the meeting;

vii. Settle the items of the agenda with the Chairperson and prepare

copies for all members;

viii. Keep all the documents that may be needed at the meeting in a

folder - they should be arranged in the order that will be needed;

ix. Have any reports or information ready which may have been

asked for at the previous meeting;

x. Be one of the signatories to the Bank Account;

xi. Perform any other clerical duties during the Meetings of

Members, MC and the Executive Committee;

xii. Write any letters, secure any information or take any action on

matters decided by the Committee,

xiii. Write up the Minutes during the MC meetings AGM, SGM and

meeting of members for circulation;

xiv. Immediately bring to the attention of the Committee any

document served on the Affiliate association’s at the Secretary’s

address;

xv. Ensure the Minutes typed, copied and sent out to the members of

the Committee on request;

xvi. Be the legal representative of the Affiliate association’s;


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xvii. Receive communications including minutes from the Secretary

General of the Association and circulate to members of the

Affiliate associations.

xviii. Perform any other duty(s) as may be set by the Affiliate

associations and the Council.

xix. Shall perform any other duties under the Constitution.

(c) THE TREASURER

The Treasurer shall be responsible for:

i. The proper handling of the finances of the Affiliate associations.

ii. Collection of memberships and fees, and issuing receipts for every

amount received.

iii. Paying these and all other money into the Affiliate association’s

bank account.

iv. Receive moneys to the Affiliate associations allocated by the Head

Office.

v. Keeping the duplicate pay-in slips in proper date order so that the

entries may be checked later (by the bookkeeper and the auditors)

with the passbook or statement provided by the bank.

vi. Paying all accounts as required by the Affiliate association’s

subject to provisions of this Constitution.

vii. Be one of the signatories to the Affiliate association’s Bank

Account.

ii. Maintaining a file of accounts and relative receipts for record and

audit purposes.

iii. Keeping proper books, or seeing that they are kept and providing

the information thereof to the Council or its member mandated to

do so.

iv. Keeping a watch on the expenditure of the Affiliate association.

v. Presenting details of all payments to the Executive Committee or

the Council for approval before they are made, or in retrospect

where this is policy.


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vi. Ensuring that all cheques are signed strictly in accordance with the

authority given in the Constitution of the centre.

vii. Keeping the Executive Committee and the Council regularly

informed of the financial position - income, expenditure, in

comparison with budget of the Affiliate association.

viii. Preparing a statement for audit as required under this Constitution

and for presenting the audited accounts to the annual general

meeting.

ix. Preparing (and reviewing) an annual budget with the help of the

Committee.

x. Develop systems of financial accountability as necessary for the

Affiliate association.

xi. Perform any other duty(s) as shall be set by the Affiliate association

and the Association.

xii. Perform any other duties under the By-Laws passed by that

Affiliate association or under this Constitution.

(c) 1) Any casual vacancy, and not a temporal absence, that shall occur

in the Office of the Treasurer shall be filled temporally by the Vice

Chairperson for a period not more than three 3 months a waiting the

election of a new official to the post.

(c) 2) Elections of an officer following Rule 15.1 shall be done

according to the procedures provided under this Constitution.

(d) THE PROJECT COORDINATOR

The Project Coordinator shall;

i. Identify, with the help of the Project Committee of the

Association, projects to be undertaken by the Affiliate

association and advice the EC and the Council accordingly.

ii. Coordinate all the Income Generating Activities of the Affiliate

association.

iii. In liaison with the SG and the PRO organize and plan all other

activities for the Affiliate association.


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iv. Chair the Project Panel and be a member of the Association’s

Project Committee.

v. Perform any other role or duty as may be assigned by the

Affiliate association, its Organs or the Chairperson and the

Association.

vi. Perform any other duties under the Constitution.

(e) THE ORGANIZING SECRETARY

The Organizing Secretary shall;

i. Coordinate, with the help and guidance of the Association, the

Affiliate association’s program.

ii. Be in-charge of the internal programming of the Affiliate

association and harmonize Committee’s programs and the events of

the Affiliate association’s to avoid any conflict.

iii. Design, make or create design features for the Affiliate association.

iv. In consultation with the SG, notify all members of a meeting and

communicate the venue and time of the meeting, through a

reasonable mode of communication acceptable by the Affiliate

association.

(f) VICE SECRETARY (VS)

The VS shall;

i. Make sure that the Minutes of the EC meetings are written up and a

copy circulated to all Executive Committee members with notice of

the next meeting (date, place, time) and a draft Agenda for the

coming EC meeting;

ii. Communicate to members of the EC informing them of the meeting

and pass the agendas for the meeting in good time;

iii. May assist the SG in his/her functions;

iv. Act as the SG in the latter’s absence or in case of a casual vacancy

in the position of the SG;


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v. Be a member of the Project Panel and shall take minutes during its

meetings;

vi. Perform any other duty(s) as shall be set by the Affiliate

association;

vii. Perform any other duties under the Constitution.

12. PRINCIPLES OF LEADERSHIP

The guiding principles of leadership and integrity include—

a) Selection on the basis of personal integrity, competence and

suitability, or election in free and fair elections;

b) Objectivity and impartiality in decision making, and in ensuring

that decisions are not influenced by nepotism, favouritism, other

improper motives or corrupt practices;

c) Selfless service based solely on the Associations’ interest,

demonstrated by—

i. Honesty in the execution of Associations’ duties; and

ii. Accountability to the Association for decisions and actions; and

iii. Discipline and commitment in service to the Association.

13. FUNCTIONS, ROLES AND DUTIES OF THE

OFFICERS

1- Officers elected, appointed, nominated or selected under this

Constitution shall bear a collective mandate for the Association.

2- The office bearers have an individual responsibility and a collective

responsibility to:

a) Up hold the requirements of this Constitution.

b) Safe guard all the interests of HOCUSA.

c) Must be individually liable for any act(s), performance and

commitments or acts of omissions in their dockets.

d) Subject to provisions of this Constitution, have the power to

represent the Association at functions where the Association may

be required to attend or participate.

e) Shall be ears and the eyes of the Association.


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f) Shall be liable to the Association and act in the best manner to

protect all the property of the Association.

14. THE ASSOCIATION CHAIRPERSON

S/he shall;

i. Be the overall head of the Association;

ii. As the Chair of the Council, ensure that the Council functions

properly. The Chairperson shall be responsible for making sure

that each meeting is planned effectively, conducted according to

the Constitution and that matters are dealt with in an orderly and

efficient manner.

iii. Shall be the Chairperson in a meeting between the Executives,

Chairpersons and may delegate this role to a member of the

Council, when the Deputy Chairperson is absent.

iv. Regularly with the Council, review the Association’s

performance and, identify and manage the process for renewal of

the Committees through recruitment of new members.

v. Co-ordinate the Committees formed under the Association to

ensure that appropriate policies and procedures are in place for

the effective management of the Association.

vi. Represent the Association, or the Council or the Committees of

the Association as its figurehead.

vii. Be the public representative of the Council and the Association

to the community. He/she shall be aware of, before signing all

documents that set out policy or have financial implications for

the Association.

viii. Oversee the actions and duties of all other officers and

employees of the Association.

ix. Preside over all Council and membership meetings.

x. Delegate, assign and/ or direct duties to an Officer, Member or

any other Organs of the Association or an Affiliate association’s

of the Association. Any such duties shall be of interest to the

Association.


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xi. Be one of the signatories to the Association’s Bank Account.

xii. Initiate, through the guidance of the Board, the formation of the

Special Committees or bodies as under the Constitution of the

Association.

xiii. Ensure that the Constitution, the By-Laws and any regulations,

decisions, directives or resolutions of the Association are adhered

to, implemented attended to as directed.

xiv. Perform any other duty(s) under the Association’s Constitution

or as shall be determined by the Association.

15. THE DEPUTY CHAIRPERSON

The Deputy Chairperson, herein referred to as DC shall;

i. Unless stated otherwise under this Constitution or by a decision

of the AGM or the Council, be the Principal assistant to the

Chairperson.

ii. Be a member of and the Chair to the Welfare Committee.

iii. Assume the office of the chairperson and roles in the latter’s

absence, or in case of a casual vacancy in the latter’s office.

iv. Represent the Chairperson in any meeting in which the latter is

unable to attend or in case of the latter’s request.

v. Be the custodian of welfare activities and records of all members.

vi. Act as the Finance Manager in the event the latter is absent or

unable to attend their duties.

vii. Perform all the duties necessary to motivate members and

influence beneficial activities to members.

viii. Be responsible for organizing any activity targeting members

such as get together, bash among other social events in the

Association.

ix. Perform any other duty(s) as shall be set by the Association.

x. Perform any other duties under the Constitution.

15.1 Subject to the provision of this Constitution, the DC shall not

represent the Chairperson as a signatory to the bank account except in


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the case of vacancy in the office of the latter, where s/he shall assume

the roles of the Chair.

15.2 Rule 15.1 shall not be used in reference to a casual vacancy in the

office of the Chairperson.

16. THE SECRETARY GENERAL (SG)

The Secretary General, herein referred to as SG shall:

i. Organize and follow up meetings of the Association.

ii. Look after the overall administration of the Association.

iii. Deal with correspondence of the chairperson's signature.

iv. Contact other members to follow-up tasks needing to be done.

v. Advice the Association on casual vacancies existing in the

Association at all levels of leadership and initiate due process to

fill any such vacancies in accordance with the Constitution.

vi. Accompany the Chairperson, or the Person performing the roles

of the chair to joint meetings of the Association with other

Association’s where s/he shall take minutes or notes on behalf of

the Association.

vii. In liaison with the Organizing secretary make sure a place is

available for the meeting.

viii. Settle the items of the agenda with the Chairperson and prepare

copies for all members.

ix. Keep all the documents that may be needed at the meeting in a

folder - they should be arranged in the order that will be needed.

x. Have any reports or information ready which may have been

asked for at the previous meeting;

xi. Be one of the signatories to the Bank Account.

xii. Perform any other clerical duties during the Meetings of

Members, MC and the Executive Council.

xiii. Write any letters secure any information or take any action on

matters decided by the committee.

xiv. Write up the Minutes during the MC meetings AGM, SGM and

meeting of members for circulation.


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xv. Immediately bring to the attention of the Committee of

management, or the Council, any document served on the

Association at the Secretary General’s address.

xvi. Ensure the Minutes typed, copied and sent out to the members of

the Council on request.

xvii. Be the legal representative of the Association.

xviii. Perform any other duty(s) as may be set by the Association.

xix. Shall perform any other duties under the Constitution.

17. THE FINANCE MANAGER

The Finance Manager shall be responsible for:

i. The proper handling of the finances of the Association, but not

for the actual raising of money.

ii. Collection of memberships and fees, and issuing receipts for

every amount received.

iii. Paying these and all other money into the bank.

iv. Keeping the duplicate pay-in slips in proper date order so that

the entries may be checked later (by the bookkeeper and the

auditors) with the passbook or statement provided by the bank.

v. Paying all accounts as required by the Association subject to

provisions of this Constitution.

vi. Receive all nomination fees paid by members to the

Association.

vii. Be one of the signatories to the Bank Account.

viii. Maintaining a file of accounts and relative receipts for record

and audit purposes.

ix. Keeping proper books, or seeing that they are kept.

x. Keeping a watch on the expenditure of the Association.

xi. Presenting details of all payments to the Executive Council for

approval before they are made, or in retrospect where this is

policy.

xii. Ensuring that all cheques are signed strictly in accordance with

the authority given in the Constitution of the centre; usually


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there are at least three members of the committee authorized to

sign cheques for the committee - the Finance Manager, the

secretary, and (often for convenience when there is one), the

co-coordinator. Keeping the committee regularly informed of

the financial position - income, expenditure, comparison with

budget.

xiii. Preparing a statement for audit at least once a semester and for

presenting the audited accounts to the annual general meeting.

xiv. Preparing (and reviewing) an annual budget with the help of

the Council.

xv. Develop systems of financial accountability as necessary for

the Association.

xvi. Perform any other duty(s) as shall be set by the Association.

xvii. Perform any other duties under the Constitution.

17.1 Any casual vacancy, and not a temporal absence, that shall occur

in the Office of the Finance Manager shall be filled temporally by the

Vice Chairperson for a period not more than 6 months a waiting the

election of a new official to the post.

17.2 Elections of an officer following Rule 17.1 shall be done

according to the procedures provided under this Constitution.

18. THE PROJECT MANAGER

The Project Manager shall;

i. Identify projects to be undertaken by the Association and advice the

Council on such projects accordingly.

ii. Coordinate all the Income Generating Activities of the Association

and the Affiliate associations.

iii. In liaison with the SG and the PRO organize and plan all other

activities for the Association.

iv. Chair the Project Committee.

v. Perform any other role or duty as may be assigned by the

Association, its Organs or the Chairperson.

vi. Perform any other duty(s) as shall be set by the Association.


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19. THE ORGANIZING SECRETARY

The Organizing Secretary shall;

i. Coordinate the Association’s program.

ii. Make, prepare and distribute, with the help of the Sub-Counties

Organizing Secretaries, the Association’s annual program and

calendars, to members in proper time.

iii. Advice the Association in all matters regarding planning of events,

calendar and other functions to be undertaken by the Association.

iv. Harmonize committees’ programs and the events of the

Association to avoid any conflict.

v. Design, make or create design features for the Association.

vi. Acquire, Organize and make arrangements for venues for an

intended meeting of Members.

vii. In consultation with the SG, notify all members of a meeting and

communicate the venue and time of the meeting, through a

reasonable mode of communication acceptable by the Association.

20. THE PUBLIC RELATIONS OFFICER

i. Notify the Registrar, within fourteen days of appointment (except as

a result of incorporation/ affiliation of the Association to other

bodies, or an unincorporated Association, or a migration, or

amalgamating Association’s).

ii. Notify the Registrar; of a change of Association’s Officer or a

change of address within fourteen days of the change.

iii. Lodge with the Registrar; a notice of special resolution to change the

statement of purposes or Rules within one month of the general

meeting.

iv. Make application to the Registrar; for approval of a change of name

within one month after passing a special resolution to change the

Association's name.


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v. Lodge with the Registrar; the documents required under this

Constitution in respect of the Annual General Meeting within one

month or such further period as the Registrar allows.

vi. Lodge with the Registrar; notice of special resolution relating to the

winding up of the Association within one month of passing the

resolution.

vii. Lodge with the Registrar; within fourteen days after the Association

becomes trustee of a trust, particulars of the trust and a copy of any

relevant document.

viii. Produce any book required by the Registrar; or an authorized officer.

ix. Tell the Registrar; or an authorized officer where, to the best of the

Public Officer's knowledge or belief, a book is at the time of the

request.

x. Not hinder or obstruct the Registrar; or an authorized officer in the

exercise of their powers of inspection.

xi. Immediately bring to the attention of the committee of management

any document served on the Association at the Public Officer's

address.

xii. Shall perform any other duty(s) as shall be set by the Association.

xiii. Shall perform any other duties under the Constitution.

a) For the purpose of this rule, the Association shall entirely mean this

Association and all or one of its Affiliate associations.

21. DEPUTY SECRETARY GENERAL (DSG)

The DSG shall;

i. Make sure that the Minutes of the Council meetings are written up

and a copy circulated to all Council members with notice of the

next meeting (date, place, time) and a draft Agenda for the coming

Council meeting.

ii. Communicate to members of the Council informing them of the

meeting and pass the agendas for the meeting in good time.

iii. May assist the SG in his/her functions.


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iv. Act as the SG in the latter’s absence or in case of a casual vacancy

in the position of the SG.

v. Be a member of the Project Committee and shall take minutes

during its meetings.

vi. Perform any other duty(s) as shall be set by the Association.


22. THE CASE OF ABSEENTISM BY AN OFFICIAL

a) All officials shall have the responsibility to attend all meetings in

which they should attend and participate effectively.

b) Any failure by an official to attend any meeting called for any

purpose without a prior notice to the Chairperson shall be liable to

disciplinary actions.

c) A notice of any foreseeable absenteeism shall be in writing to the

Council addressed through the Chairperson and shall explain the

reasons to that effect.

d) For abrupt and sudden cases of absenteeism the official shall use

any effective means to channel the issue to the Council.

e) No official may miss up to three (3) consecutive Council meeting

without the permission of the Council.

f) The Council shall address any matter under this Rule in its own

merit and where applicable refer any matter it determines requires

disciplinary action to the Disciplinary Committee.

g) If the case shall involve a member of the appointed committee

under this Constitution, the members of that committee shall

channel the issue to the Council which shall be the disciplinary

body of any such matters.

h) Any matter referred to the Disciplinary Committee shall be hard

and determined in a fair, just and considerate manner and shall

offer adequate representation of the person /s involved.

i) All the relevant provisions of this Constitution shall be put to

perspective in determination of any disciplinary case(s).


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j) Only the Chairperson may grant an official permission excusing a

member from attending a meeting.

k) Any permission granted by the chair shall be in writing and shall

give adequate considerations made thereof.

l) Under this Rule, the Affiliate association’s Executive Committees

shall have similar function to that of the Council.


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CHAPTER IV THE ADVISORY BOARD

23. COMPOSITION OF THE ADVISORY BOARD

There is established the Advisory Board which shall be

nominated by the AGM and appointed by the Council.

i. Subject to provisions of this Constitution, the Advisory

Board shall consist of:

a) A person nominated and appointed as the Patron under

Rule 51(a), who shall chair the Board.

b) The person nominated and appointed as the Matron

under Rule 52, who shall be the mother of the

Association.

c) The Vice Patron.

d) At least three and not exceeding three Pioneer

members of the Association; and

e) Persons appointed by the Board subject to Rule 23(iv).

ii. The officials under Rule 23i (e) shall be from among

members of the society with such qualifications as the

Patron or the Matron or the Vice-Patron.

iii. The composition of the Board shall consider gender and

regional balance according to a reasonable guideline

adopted by the Association.

iv. If following the Constitution of the Advisory Board there

is not at least the ration of one male to one female

nominated as Board Members, or in the event that

regional balance is not met, the Board shall appoint other

additional Board Members of the relevant gender and

regions, to fulfil the requirements of this Rule, or any

other Rule under this Constitution.

v. Rule 23i (e) may also apply notwithstanding condition

stated in Rule 23(iv.)


CHAPTER V ELECTIONS AND APPOINTMENTS OF

OFFICIALS, TERM OF OFFICE BEARERS AND

CASUAL VACANCY

24. ELECTION AND APPOINTMENT OF

OFFICIALS

PART 1- GENERAL PROVITIONS FOR ELECTIONS

i. Elections of the Secretariat shall be done at the expiry of

the term of office of that Council.

ii. All elections of the Secretariat, other than the First

Election shall be done in accordance to this Rule.

iii. Unless specified under this Constitution, the right to

hold office shall be limited to Ordinary members of the

Association, who shall not be in their final year or

otherwise, one whose membership in the respective

institution shall be terminated for whatever reason, by

that institution or by this Association.

iv. A member shall be eligible for election into any

office in this Association-

a) If he/she is a member of the Association eligible for

holding a position in the association; and has paid all the

membership dues and/or charges as deemed for all

members;

b) If he/she has paid the requisite nomination fees;

v. Election of the members of the Secretariat shall precede

the elections of the Executive Committees.

vi. All the affiliate associations shall conduct their

elections and requisite appointments during their

respective AGMs, and as provided under this

Constitution or their respective By-Laws.

vii. The officials elected in rule ii above shall be elected

at an AGM and shall be elected by a majority of those


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present, in person and entitled to vote at an AGM,

following nomination by no fewer than ten (10) eligible

members from the Affiliate associations from which they

are members.

viii. Nominations for the election of officials in rule ii

above, and other elective positions herein shall be made

in the approved form and must be received by the

Electoral Body by not less than twenty one (21) days

before the date set for the AGM under which the

elections are to be conducted, and paid a nomination fee

of Kshs. 500 for members of the Executive Body and

Kshs. 750 for the members of the Secretariat other than

the Chairperson, the Secretary General and the

Treasurer who shall pay a nomination fee of Kshs.

1000.

ix. The election of the Secretariat shall be done during the

AGM and after the election of the Affiliate association’s

Executives, by all members of the Association as

prescribed under this Rule.

x. Persons to be elected to the Secretariat may be from the

Executive Members of all the Affiliate associations or

members who are eligible for election into the positions.

xi. Despite any provisions under this Rule, members not

elected into the Executive Body will have the right to

contest and to be elected into any position of choice in

accordance to this Constitution.

xii. The Body appointed by the Association to conduct

elections shall be responsible for the elections of the

Secretariat.

xiii. If a member of an affiliate Executive is elected into any

of the following positions- the Chairperson, the

Secretary General or the Treasurer, such a member shall

resign from their positions in the Affiliate association’s


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Executive and new elections shall be conducted,

immediately to fill the positions left by such

resignation.

xiv. The elections of the members of the Secretariat shall

reflect the composition of the Association in terms of

Affiliate associations and gender.

xv.In case the outcome of any Secretariat election shall not

be consistent to rule viii above the elected members of

the Secretariat and the Chairpersons to the Affiliate

associations may appoint other members of the

Association, within one (1) month after the Secretariat’s

election, for the purpose of fulfilling the requirements of

this rule.

xvi. Appointment of members by the Council into the

Council shall be made by an absolute majority of the

Council members as provided under this Rule.

xvii. In the circumstances outlined in this Constitution, the

number of appointed officials is only limited to three

(3) and must be conducted only as under the provisions

of this Constitution. In making these appointments the

Council shall give full regard to the skills and

experience needed by the Council to meet its

responsibilities other than the reason for the

appointment.

xviii. The Council shall set duties and roles to the appointed

members and the Affiliate association’s Chairpersons

in a manner that does not contravene the harmonious

working relations and functions of other officers and

committees of the association.

xix. A person appointment into the Council shall be

recognised as a Member of the Council and shall have

equal rights entitled to all other members of the

Council.


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xx. For purpose of this Rule, member(s) of the Executive

Body shall be all the elected members of the Executive

Committees of all the Affiliate associations of the

Association.

xxi. The First Election shall be done according to the

provisions of Schedule Three of this Constitution.

PART 2- ELECTIONS AND APPOINTMENT OF

OFFICIALS AT THE ASSOCIATION

i. Election of officials of the Association shall be

conducted in accordance to this Constitution.

ii. The appointment of officials of the Association shall

recognize the diversity of the Association and shall be

fair and mindful of the existing Affiliate associations.

iii. Notwithstanding any provisions under this

Constitution, not more than one member of the

Secretariat shall be from one Affiliate Association,

unless otherwise, that circumstance is forced to be,

during the election of the Secretariat.

iv. Any election of officers of the Secretariat may be

conducted, where possible, after the conclusion of

elections at the Affiliate associations, and during the

AGM in which the Secretariat is to be elected.

v. All members elected as Chairpersons to any of the

Affiliate associations shall be a member of the

Council.

PART 3- ELECTIONS AND APPOINTMENTS OF

OFFICIALS AT AFFILIATE ASSOCIATIONS

i. Every Affiliate association of HOCUSA shall conduct

their elections during their AGM as provided in Part 1

of this Rule.


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ii. Elections of the Affiliate association’s Executive

Committee Members and other officers as required

under this Constitution shall be conducted in a manner

to promote the objectives of the Association.

iii. Election of other officials of the Affiliate associations

shall be conducted by the members of the Affiliate

association’s according to any reasonable procedure

provided by this Constitution or their respective By-

Laws.

iv. Officials at every Affiliate associations shall be elected

in a manner that offers gender equality and

demographic pattern of the Affiliate association.

25. THE ELECTORAL BODY

1- There shall be a body or person(s) approved by the

Association to conduct elections for the Association.

a) A body selected to conduct elections;

i. Shall be a recognized body/ persons to undertake

justifiable elections according to the standards set by the

Association and the Societies Act or any other relevant

laws.

ii. May consist of persons drawn from the Community and

approved by the Association.

iii. Shall verify and approve suitability of candidates for

elections based on the provisions of the Associations

Constitution.

iv. Give notices to members concerning any matter in regard

to election procedures and process.

v. Verify and approve members suitable to participate in an

election.

vi. Shall, before elections, perform all duties as may be

necessary to ensure a smooth transition.


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vii. Despite any provisions of this Rule, the Board may

conduct any election of the Association.

b) Officers responsible for Social Development, electoral

processes in Kenya, or Officials from the office of the

Registrar of Societies may be invited to conduct elections for

the Association.

c) Despite this Rule, elections at the affiliate levels shall be

conducted in accordance to their By-Laws and relevant

regulations in that institution.

2- At every election, the Electoral Body shall ensure that—

a) Whatever voting method is used, the system is simple,

accurate, verifiable, secure, accountable and transparent.

b) The votes cast are counted, tabulated and the results

announced promptly.

c) Only the person mandated as the Presiding Officer shall

announce final results.

3- The Electoral Body shall also have the mandate to

conduct elections of members of the Committee.

26. ELECTORAL PROCEDURES

i. The electoral body shall be responsible for conducting

free, fair and transparent election;

ii. An election of the Secretariat shall follow elections of

the Executive Committees and their respective

Committee Members, as provided under this

Constitution.

iii. The Affiliate associations’ and the Association’s

registers shall be provided by the Secretary and the SG

respectively to the electoral body not later than 2 months

before the Election Day, for verification.


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iv. Nomination forms for candidates shall be verified by the

Electoral Body at least one week before the Election

Day.

v. Just before election, the Presiding Officer shall dissolve

all the elective positions declaring them free for

elections.

vi. The Electoral Body shall establish and provide further

regulations to ensure a free and fair elections at all levels.

27. TERM OF OFFICE HOLDERS

a) Subject to provisions of this Constitution, the term of office

for all elected officials in the Secretariat and other

appointed officials thereof, shall be two (2) years and shall

expire at the conclusion of the relevant AGM. Subject to

provisions of this Constitution, an Official may be re-

elected or reappointed to the Secretariat or appointed to

serve in a Committee in similar or different position.

b) The term of office for all the officers of the Affiliate

associations shall be one (1) year or a period equivalent to

one (1) academic year.

c) Subject to provisions of this Constitution an Official may

be re-elected or re-appointed to the EC of an Affiliate

associations.

d) A member who has served in one position is eligible for

election in some other position in an election and such new

election shall be considered just like any other new

election.

e) The Board may by a resolution endorse a Member of the

Council who has given an immense contributions and

service to the Association to continue serving in non-

elective positions as determined by the Board for a period it

considers necessary.


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f) The Board’s resolution shall not be subject to review by

any organ under this Constitution, and unless there is

reasonable ground to believe that in its determination the

Board faltered, ignored or otherwise acted in a manner

demining the Object of this Constitution, the provisions of

this Constitution shall be applied to settle such concerns.

28. CASUAL VACANCIES

a) Any casual vacancy for an elected or appointed member of

the Council which occurs during any Official’s term of

office may be filled by the Council from among the Council

members, (except in relation to the Chairperson where

relevant provisions in this Constitution shall apply).

b) The term of office for an official of the Council who is

appointed to fill a vacancy shall expire at the conclusion of

the next AGM except in the case of the Deputy Chairperson

and the Finance Manager where persons elected shall serve

for the remainder of the term.

c) On the expiry of such Official’s office the vacancy shall be

determined by election under the provisions of this

Constitution.

d) Provisions of this Rule may be used by the Affiliate

associations in similar manner with the relevant

modifications agreed at an AGM of that affiliate

association.

29. CONDITIONS FOR CASUAL VACANCY

(1.) For the purposes of Rule 28, a casual vacancy arises if an

Official:

a) Dies; or

b) Resigns from office;


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c) Becomes bankrupt, applies to take the benefit of any law

for the relief of bankrupt or insolvent debtors,

compounds with his or her creditors, or makes any

assignment of his or her estate for their benefit; or

d) Is or becomes disqualified from acting as an Official of,

or managing, a corporation under the

Corporations/Companies Act or other similar legislation;

or

e) Resigns office by notice in writing given to the Secretary

General; or

f) Is removed from office under provisions of this

Constitution; or

g) Becomes a mentally incapacitated person; or

h) Is absent without the consent of the Council from three

consecutive meetings of the Council held or is absent

during a period of 6 months without the consent of the

Council approved by the Board thus and hence ceases

from directly being involved in the Management of

HOCUSA.

(2) The Chairperson shall be elected at the AGM according to

the provisions of this Constitution. A casual vacancy in the

office of the Chairperson shall be filled by the Deputy

Chairperson for the remainder of that term.

(3) Except after Rule 29(2) is effected an election may be

conducted for the Deputy Chairperson if the vacancy is

created at least 2 years to the expiry of the current office term.

(4) The election described under this Rule shall be conducted

by all members of the Association registered and eligible to

vote at an SGM called at least, and not beyond 3 months after

the assumption of office by the DC.


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(5) A person elected as the Deputy Chairperson as under Rule

29(3) shall perform their duties until the subsequent election

period.

(6) The provisions of this Rule shall be applied to the Affiliate

associations with relevant modifications.


CHAPTER VI FUNCTIONS OF VARIOUS ORGANS OF

HOCUSA

30. FUNCTIONS OF THE COUNCIL AND THE

SECRETARIAT

(1.) The Council:

a) Acts for and on behalf of HOCUSA in the exercise of

the functions of HOCUSA.

b) Has the control and management of the affairs, resources

and interests of HOCUSA.

c) Shall have representations in every Affiliate associations

formed under this Association who shall be a signatory

to the Bank account of the Affiliate association’s

according to Rule 14(xiv).

d) Performs the overall management duties of all the

Affiliate associations under HOCUSA.

e) Shall be the Chief Custodian of all Resources of the

Association and its Affiliate associations.

f) May do all acts and act in all matters concerning

HOCUSA or its Affiliate associations in such manner

as appears to be best calculated to promote the object and

interests of HOCUSA and/or the Affiliate associations.

g) Prepare budgets for the Association.

h) Set aside money and other resources budgeted for and

required by the Affiliate associations in a manner

considerate to the collections and activities of each

Affiliate association’s for a particular financial period.

i) Advice the Affiliates’ Executives on all matters of

relevance.

j) Shall be responsible for the hiring of personnel and

contractors required by the Association or its Affiliate

associations.


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k) Oversee the implementation of HOCUSA policies,

procedures and strategies, and the performance of

HOCUSA. l) Develop strategies, policies and procedures for the

administration, promotion and development of the

objectives of the Association.

m) Charged with the responsibility of developing and

maintaining the overall Human Resource required for the

Association.

n) Develop the mission statement, strategic direction,

annual budget and business plan of HOCUSA.

(2.) The Secretariat:

In managing the affairs and concerns of HOCUSA and

without limiting the functions of the Council under Rule

30(1), the Secretariat shall:

a) Develop prudent policies and procedures and oversee

risk assessment and management to protect and

effectively manage finances, resources and property of

HOCUSA.

b) Management and control HOCUSA policies and

agendas.

c) Develop, organize, deliver and participate in programmes

of education and training of Members in various areas of

application and to enhance collective social development

in partnership with relevant organizations and agencies.

d) Fundraise and apply funds in accord with object of this

Constitution.

e) Enter into and/or terminate contracts with sponsors, other

persons, agencies and organizations.


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f) Acquire by purchase, lease or grant any property or

rights to manage, let, sell, exchange or otherwise deal

with property of HOCUSA.

g) Disseminate private or other information about members

with their consent, via written declaration and subject to

the purpose being in accordance with the objects of

HOCUSA.

h) Subscribe to, affiliate to and co-operate with kindred or

other organizations regional, national and international.

i) To produce, create, develop, license and otherwise use,

exploit and protect the property and materials of

HOCUSA.

j) To do all such other things as are incidental or conducive

to the attainment of the objects of HOCUSA.

k) Open and operate in an accredited bank HOCUSA

account(s) and designate the signatories to the account(s)

as per the By Laws.

l) Regularly review its performance and the achievements

of the Association.

m) Determine the terms and conditions of employment

if any, regularly review the employment performance,

remuneration and professional development needs, and,

if it considers appropriate, terminate any employment,

n) Perform all other functions assigned under this

Constitution, the By-Laws and deliberate on the Board’s

decisions and.

o) Represent the interests of the Association to relevant

bodies including partners, governments and other

organizations.


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31. FUNCTIONS OF THE CHAIRPERSON TO

THE COUNCIL

(a) Provide overall leadership to the Council especially on

areas of policy development.

(b) Ensure the strategies of HOCUSA are achieved.

(c) Encourage Council’s members to participate fully in the

deliberations of the Council.

(d) Conduct Council’s meetings professionally and

efficiently by guiding the Council decision making

process.

(e) Head the Council’s self-evaluation process and

generally mentor the Council membership into

leadership.

(f)Harness the collective skills of the Council and its

Committees.

(g) Create appropriate synergies between the Council, the

Board and the Association.

(h) Serve as the public face of HOCUSA on all matters of

policy and strategy.

(i) Ensure the efficient implementation of the Council’s

decisions, agendas and functions.

(j) Ensure that of all members of the Council perform their

duties efficiently and responsibly.

32. FUNCTIONS OF THE ADVISORY BOARD

The Advisory Board shall;

a) Advice the Association on all matters of relevance to the

Association.

b) Advice the Council, officials and members of the

Association on any matter of relevance to enhance its

operations and functions.

c) Negotiate with other bodies on behalf of the Association.


54 | P a g e


d) Guide the implementation of this Constitution, and the

development of the Strategic Plan.

e) Recommend and appoint Members of the Council with

exceptional achievements to the Association to serve in

any position in the Association.

f) Be responsible for guiding the transition process after

every election.

g) Be the central coordinating body of all the activities of

the Association.

h) Develop other structures necessary for the attainment of

the objectives of HOCUSA.

i) Oversee the overall operations of the Association; and

j) Perform all other functions in this Constitution and in the

By-Laws, or as determined by the Association.

33. FUNCTIONS OF THE BOARD’S

CHAIRPERSON

The person appointed the Chair to the Board shall-

i. Provide overall leadership to the Board especially on

areas of policy development;

ii. Guide the process of formulation and the implementation

process of the strategy of HOCUSA;

iii. Encourage Board’s members to fully participate in the

deliberations of the Board;

iv. Chair the Board’s meetings professionally and efficiently

by guiding the Board decision making process;

v. Guide the process of identifying partners to the

Association;

vi. Head the Board’s self-evaluation process and generally

mentor the Board membership into leadership.

vii. Ensure that all the Board members have definite roles to

play in accordance to the functions mandated to the

Board.


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viii. Perform other roles mandated to him or her by the Board.

34. TERM OF OFFICE OF THE MEMBERS OF

THE BOARD

i. All members of the Board shall be nominated by the

Council and subject to resolution by a minimum

majority of the members of the Association present, be

confirmed to serve for a period not less than five

years, which shall be renewable in accordance to this

Constitution.

ii. Despite Rule 34(i), the Pioneers of the Association in the

Board will not be affected by any process of

recruitment of Board members.

iii. A Board member may resign from office by writing to

the Patron.

iv. The Board shall set other conditions to guide this Rule.


CHAPTER VII MEETINGS OF THE COUNCIL,

POWERS AND REMOVAL FROM OFFICE

35. MEETINGS OF THE COUNCIL

i) The Council shall meet at such places and times, and in

such manner, as it shall determine.

ii) A written record will be made of the decisions taken at

each meeting, and confirmed at the next meeting of the

Council. These records are to be taken and kept by the

Secretary General in a secure place, and copies of them

must be provided to a member of the Council on request.

iii) Copies of such records may be made available to

Members of HOCUSA at the discretion of the

Secretary General and the Chairperson, subject to the

requirements of commercial confidentiality, personal

privacy, and similar considerations.

iv) The Council meeting shall have a quorum of not less

than half of its members.

36. CHAIRING AND VOTING AT THE COUNCIL

MEETING

a) The Chairperson or in his/her absence the Deputy

Chairperson or in their absence any other Official as

determined by the Council, shall chair Council meetings.

b) All Officials shall have the right to attend, speak and

vote at all Council meetings.

c) A meeting of the Council may be held where one or

more of the Officials is or are not physically present at

the meeting, provided that:

i) All persons participating in the meeting are able to

communicate with each other effectively,

simultaneously and instantaneously;


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ii) Notice of the meeting is given to all Officials in

accordance with the procedures agreed from time to

time by the Council and such notice specifies at the

mode of the meeting; and

iii) If a failure in communications prevents condition

(i) above from being satisfied and such failure

results in the quorum not being met, the meeting

shall be suspended until condition (i) is satisfied.

iv) If such condition is not satisfied within a

reasonable time (as determined by the

Chairperson) from the interruption, the meeting

shall be deemed to have ended or be adjourned

unless the Chairperson, on the advice of the

Secretary General, determines that a further

extension is warranted.

37. VALIDITY OF A RESOLUTION BY THE

OFFICIALS

1- A resolution in writing signed or agreed to and

acknowledged by facsimile or other form of visible

communication, including email, by the majority of Officials

shall be as valid and effective as if it had been passed at a

meeting of Officials. Its validity must be re-confirmed and

recorded in the minutes of the Council meeting following

agreement to it.

2- Such resolution may consist of several documents in like

form each signed or visibly agreed to and acknowledged by

each Official.

3- Each Official shall have one vote on all decisions and

resolutions of the Council. All decisions and resolutions of the


58 | P a g e


Council shall be determined by a vote of a majority of

Officials present at a Council Meeting.

4- a) Subject to Rule 37(3), voting may be verbal, by show of

hands, or secret ballot (if requested by any one Official but

must be supported by two third majority of those present)

-b) If the voting is equal the Chairperson or, in his/her

absence, the Official who chairs the meeting shall have a

casting vote.

5- There shall be no fewer than ten (10) Officials present at a

Council’s Meeting (including a meeting held subject to Rule

34 to constitute a quorum.)

38. RESPONSIBILITIES OF OFFICIALS AND

OFFICERS

i. Without limiting their legal and fiduciary duties and

responsibilities, the standards set out in Schedule Two are

applicable to Members of the Council, and all officials

according to this Constitution.

ii. These standards also apply to Officers of HOCUSA to

the extent that is appropriate to their specific roles and

responsibilities.

39. REMOVAL OF OFFICIALS

1- Subject to provisions of this Constitution, the Members in

a SGM called solely for this purpose may by Special

Resolution remove any Official from the Council before

the expiry of their term of office in the account of any

ground of gross misconduct, violation of any provision of

this Constitution or any other law of the Association,

incapacitation of any kind or form, or any other ground


59 | P a g e


stated under this Constitution. The vacancy created by this

removal shall be filled by the Council in accordance with

this Constitution.

2- A member may seek to have an official removed from

office by issuing a request of notice of SGM to the

Council through the Secretary General.

3- Upon the Secretary General receiving a request for an

SGM as specified in this Constitution for the purpose of

removing an Official, the Secretary General shall send the

notice to the Official concerned, and to the Council, and

the Members as required under this Constitution.

4- Following notification to the relevant Official under Rule

39(3), and before voting on the resolution to remove that

Official, the Official affected by the proposed resolution

shall be given the opportunity prior to, and at, the Special

General Meeting, to make submissions in writing and/or

verbally to the Council, and the Members about the

proposed resolution.

5- A Special body may be formed by the Council to further

investigate the official affected before the matter is

brought to the ASG.

6- The report of the Special Committee formed above will be

submitted to the Council upon completion, and the

Council, upon receiving the report shall inform the

members of the Association, who will take any necessary

action or make relevant resolution as advised in the report

of the Special Committee.

7- The Council and the members shall determine reasonable

grounds to affect the proposed resolution or to disallow

any further action on the matter.

8- If the grounds found do not warrant the removal from

office by the members, the matter shall be forwarded to

the Disciplinary Committee which shall enforce


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disciplinary actions on the official concerned within

fourteen (14) days from the date the Committee receives

the complaint.

9- Any matter forwarded to the Disciplinary Committee will

be handled according to the provisions of this

Constitution.

40. COMMITTEES OF HOCUSA

a) HOCUSA shall have the following Committees with

roles as outlined in this Constitution.

1. Committees of the Association; and

2. Committees of the Affiliate associations.

1. COMMITTEES OF THE ASSOCIATION

Notwithstanding any decision of members of this

Association and the powers of the Council, there shall be

the following Committees.

1. The Welfare Committee;

2. The Project Committee;

3. The Fund Committee;

4. The Amalgamation Committee;

5. The Disciplinary Committee.

2. COMMITTEES OF THE AFFILIATE

ASSOCIATION’SES


2. The Project Panel;

3. The Revolving Fund Committee;

Despite the above Committees at the affiliate level, an

affiliate association shall have the right to constitute any

additional committee as it deems fit for the attainment of

any set objectives.


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b) OTHER COMMITTEES AND DELEGATES

1. Subject to provisions of this Constitution, the Council,

or in case of an affiliate association, the Executive, may,

by instrument in writing create, establish or appoint

committees consisting of such persons and numbers it

shall think fit.

2. The Chairperson and Council may, in relation to any

matter, or in relation to any activity or function of

HOCUSA, by resolution, delegate all or any of its

functions (except this power of delegation or as per a

Rule under this Constitution) to a committee appointed

under this Rule, any member of such committee or the

Secretary General.

3. A committee created under Rule 40 b(1), or any other

person to whom authority has been delegated under Rule

40 b(2) or Rule 40 b(8) must:

i. Comply with the terms of the instrument of

delegation in exercising the powers delegated by the

Council;

ii. Exercise the powers delegated to it in accordance

with any directions of the Council; and,

iii. Comply with this Constitution and the By-Laws;

and

iv. Uphold the Object of this Constitution and the

interests of the Association.

4. The Council in establishing such committees or

delegating authority must not delegate a function

imposed on the Council or an Affiliate association of this

Association by any other law, or this Constitution, or by

resolution of the Members in a General Meeting.


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5. A Committee created under Rule 40b may elect a person

to chair its meetings unless otherwise directed by the

Council. If no such person is elected, or if at any meeting

the Committee Chairperson is not present within 15

minutes after the time appointed for holding the meeting,

the Committee members present at the meeting may elect

one of their members to chair the meeting.

6. A Committee created under Rule 40b may meet and

adjourn as it deems appropriate.

7. A resolution of a committee must be passed by a

majority of votes of the Committee members present and

entitled to vote on the resolution.

8. The Council may delegate any of its powers to one or

more Officials.

9. An Official to whom any powers have been so delegated

must exercise the powers delegated in accordance with

this Constitution.

10. An act done by a person acting as an Official or by

a meeting of Officials or a Committee attended by a

person acting as an Official is not invalidated by reason

only of:

a) A defect in the appointment of the person as an

Official.

b) The person being disqualified to be an Official or

having vacated office; or

c) The person not being entitled to vote.

- If that circumstance was not known by the

person or, the Official or the Committee, as the

case may be when the act was done.

11. The appointment of a member to serve as a delegate

of the Association shall be done by the Secretariat and

based on the following considerations, and not limiting

other regulations to beset by the Association-


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a) The member must have been a member the

Association for a period not less than three years;

b) The member must have made significant

contribution and assistance to the Association in

the past;

c) Must be willing to serve in the Association to help

in developing and executing the objects of the

Association.

d) Must have been paying all dues charged on

members of the Association.

41. COMPOSITIONS AND FUNCTIONS OF

COMMITTEES

1. THE COMMITTEES OF THE ASSOCIATION

1) The Welfare Committee

i. The Welfare Committee shall be formed by:

a) The Association’s Deputy Chairperson who shall be

its Chairperson.

b) All the Vice Chairpersons of all the Affiliate

associations.

c) Two members, being a male and a female, chosen

from the Welfare Committees of every Affiliate

associations.

d) The Finance Manager.

e) All the Unit representatives from all learning

institutions from which members are drawn.

f) One other member nominated by the Council.

2) Functions of the Welfare Committee

The Welfare Committee shall;

i. Ensure that the interests of members of the

Association are considered as appropriate.

ii. Have the authority to determine welfare issues and

propose mechanisms to address them and advise the


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Affiliate association’s Welfare bodies on such actions

related to welfare matters.

iii. Be in charge of all the Welfares of members of the

Association.

iv. Determine members’ contribution in case of any

matter touching the life of a member and that the

Association has jurisdiction over and pass such

determination to the Affiliate association’s Welfare

bodies for appropriate action.

v. Work in liaison with the Affiliate associations

Welfare Committees in structuring and securing

efficient administration of welfare matters.

vi. Advice the Affiliate’s Welfare Committees on matters

of welfare.

vii. Keep and maintain true records of members, benefits

to members and determine a procedure of sharing any

benefits on the welfare docket by members.

viii. Responsible for calculating the welfare dividends for

all the members and circulating such dividends to the

Affiliate association’s Welfare Committees for

distribution to members.

ix. Shall operate the Association’s Welfare account and

be responsible for the custody of all welfare

collections and allocations.

x. Receive any such welfare collections, distributions

and allocations from any Organ under the

Association.

xi. Perform any other such duties as necessary to protect

and preserve the welfare of members; and,

xii. Do other duties and roles as shall be assigned under

this Constitution, or as assigned by the Council.

3) The Project Committee

i. Composition of the Project Committee:


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It shall be composed of:

1. The Project Manager of the Association who shall be the

Chair to the Committee.

2. All the Project Coordinators of the Affiliate associations.

3. Two members, being a male and a female, from each

Afffiliate Project panel.

4. The Organizing Secretary of the Association.

5. Two other members nominated by the Council from

amongst its members.

ii. The Committee shall elect a member from the Affiliate

association’s Project Coordinators to be the Vice Chair to

the Committee.

4) Functions of the Project Committee

It shall;

i. Determine the kinds and nature of the projects to be

undertaken by the Association and advice the Council

appropriately.

ii. Evaluate the nature of projects and give

recommendations to the AGM or SGM.

iii. Advice the Association on the prospects of any activity

intended by the Association including the Affiliate

association’s activities.

iv. Shall conduct assessments of any kind on behalf of the

Association.

v. Formulate other ways of generating funds to the

Association and make recommendations to the

Association.

vi. Manage, coordinate and supervise all the projects under

the Association.

vii. Make reports on the status of the Projects and issue such

reports on request by Members or Organs of the

Association.


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viii. Formulate regulations to govern the Projects of the

Association.

ix. Advice the Affiliate Project Panels on project matters.

x. Approve Affiliate associations proposals, projects and

any other activity intended to generate income to the


xi. Make such determinations to what amount(s) of money a

member shall pay for a particular project that is to be

conducted by the Association.

xii. Perform any other duty under this Constitution or as

assigned by the Council.

5) The Fund Committee

Shall be composed of;

1. The Finance Manager who shall be it Chair.

2. All the Treasurers of the Affiliate associations.

3. Two members, being a male and a female, from each

Affiliate’s Revolving Fund Committee.

4. Two members, being a male and a female, from each of

the Affiliate’s Welfare Committee.

5. One other member nominated by the Association.

6) Functions of the Fund Committee

It shall;

i. To enforce a sustainable circulation of the

association’s profits and benefits equitably among the


ii. To determine proportions of the Associations

incomes to be shared among the members, and the

criteria for sharing.

iii. To develop systems for enhancing members’ social

security funds and determine systems for savings

towards the funds.


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iv. To spearhead fund raisers and similar activities

intended by the Association or the Affiliate

associations for the purpose of raising financial

support for activities.

v. Perform any other duty under this Constitution or as


7) The Amalgamation Committee

Membership of the Amalgamation Committee

It shall be composed of;

1. The Secretary General of the Association who shall be its

Chair.

2. The Deputy Secretary General, who shall deputise the

SG.

3. All the Affiliate Secretaries and the Vice Secretaries.

4. One member nominated by the Affiliate associations.

8) The Functions of the Amalgamation committee.

1. Consider applications of memberships by interested

parties and recruit new members to the Association

subject to the approval by the Council.

2. Prepare, design, issue and collect membership forms

as required.

3. Discuss conduct of a member who the Association has

sufficient cause to believe, is inappropriate and

deserves the attention of the Association thereby

advising the association as may be appropriate.

9) The Disciplinary Committee

Shall be composed of the;

1. Three members of the Advisory Board, one of whom

shall be the Chairperson and the other the Vice

Chairperson to the Committee;

2. Two members, one being male and the other female,

elected by the members in an AGM; and


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3. One (1) Institution Representative elected from each

institution Affiliate association during their AGM, from

amongst the members of each Affiliate associations.

Members of the Affiliate associations elected into this

Committee shall not be officials at the Headquarters or at

the Affiliate associations.

The term of office for all the members of the Disciplinary

Committee shall be five years and is renewable.

10) Functions of Disciplinary Committee

i. The Disciplinary Committee shall;

a) Be responsible for the development of disciplinary

mechanisms to be used by the Association and all its


b) Advice the Association and all the Affiliate associations

on disciplinary matters.

c) Implement disciplinary procedures and impose sanctions

and penalties subject to resolutions by Members of the

Association.

d) Hear and determine all the disciplinary cases between the

members of the Association.

e) Shall make recommendations to the Council and the

Executives on disciplinary mechanisms and actions.

f) Shall formulate, operationalize all the disciplinary

procedures of the Association and the Affiliate

associations.

g) Perform any other duty under this Constitution or as


ii. Except by provisions of this Constitution, a member may

only belong to up to a maximum of two committees of the

Association.


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iii. Despite any provision under this Rule, affiliate

associations shall form a body to perform the functions of a

Disciplinary Committee.

2. COMMITTEES OF THE AFFILIATE

ASSOCIATION’SES

a) Each Affiliate associations shall have the following

Committees with roles as outlined in this Constitution or as

provided thereon.


2. The Project Panel;

3. The Revolving Fund Committee.

1. The Welfare Committee

There shall be the Welfare Committee responsible for welfare

matters at the Affiliate association’s level referred to as W.C

is hereby established.

1-i The Welfare Committee shall be composed of:

1. The Vice Chairperson;

2. Secretary;

3. Project Coordinator; and

4. 6 co-opted members.

-ii The Co-opted members of this committee shall be

nominated and appointed by the Members in an AGM or in a

SGM.

-iii The Welfare Committee shall be chaired by the VC of the

Affiliate association’s and may appoint other officers from the

Committee as it deems right. The Committee reserves the

right to delegate the roles of the individual members,

including that of its chair in case;

i. The Member ceases to belong to the Group as

prescribed in this Constitution;


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ii. The Committee suspends, for any reasons in its

prerogative, the member from its meetings for a

period not less than 3 weeks;

iii. If the suspension exceeds 3 weeks, the Committee

shall seek the determination of the Executive

Committee concerning the Member in question.

iv. Upon the determination of the opinion of the

Executive Committee referred above, the Affiliate

associations or the Council shall undertake the

necessary actions in regard to the subject thereof.

-iv The officials referred to in this sub-rule shall conduct their

duties under the direct control of the Chair of the WC and

shall have the powers to suggest decisions to be considered

for adoption by the Group.

-v The Chairperson of the W.C, or one in a similar capacity,

shall be responsible for the effective running of the

Committee.

-vi The Welfare Committee shall;

i. Ensure that all the interest of Affiliate association’s

members are met;

ii. Have the authority to determine welfare issues and

propose mechanisms to address them;

iii. Be in charge of all the Welfares of members;

iv. Be responsible, and in liaison with the Revolving Fund

Committee, manage all social duties and functions of

the Affiliate association’s;

v. Enforce the decision of the Welfare Committee of the

Association on members contribution in case of any

matter touching the life of a member and that the

Association has jurisdiction over;

vi. Perform any other such duties as necessary to protect

and preserve the welfare of members; and;


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vii. Do other duties and roles as shall be assigned under

this Constitution, or as assigned by the Association.

2. Project Panel

The Project Panel is hereby established. It shall be referred to

as to as P.P

1-iThe Project Panel shall be comprised of;

i. The Project Coordinator, who shall be its Chair at the

Affiliate association’s level,

ii. The Secretary,

iii. At least 15 other members nominated by the Affiliate

associations.

-ii Unless stated in this Constitution, the P.P shall conduct its

meetings;

i. At any time as it shall consider necessary to formulate its

agendas or develop the agenda of the Project Committee;

ii. Upon request by the E.C of the Affiliate association’s or

the Project Committee;

iii. At such places as it shall determine.

-iii The meetings of the P.P shall be chaired by the Project

Manager, or the SG in the latter’s absence.

-2. Duties of the Project Panel

The Project Panel shall;

i. Determine the kinds and nature of the projects to be

undertaken by the Group and advice the E.C

appropriately;

ii. Evaluate the nature of projects and give

recommendations to the AGM or SGM;

iii. Advice the Affiliate association’s on the prospects of any

activity intended by the Affiliate association’s;

iv. Shall conduct assessments of any kind on behalf of the

Affiliate association’s;


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v. Formulate other ways of generating funds to the Affiliate

association’s and make recommendations to the Affiliate

association’s;

vi. Manage, coordinate and supervise all the projects under

the Affiliate association’s;

vii. Make reports on the status of the Projects and issue such

reports on request by Members or Organs of the Affiliate

association’s;

viii. Formulate regulations to govern the Projects of the

Affiliate associations,

ix. Make such determinations to what amount(s) of money a

member shall pay for a particular project that is to be

conducted by the Affiliate associations.

-3. The Revolving Fund Committee

-i There shall be a Revolving Fund Committee at every

Affiliate association’s whose role shall be;

i. To enforce a sustainable circulation of the

Affiliate association’s profits and benefits among

members;

ii. To determine proportions of the Affiliate

association’s incomes to be shared among the

members, and the criteria for sharing upon advice

by the Fund Committee;

iii. To develop systems for enhancing members’ social

security funds and determine systems for savings

towards the funds.

iv. Implementing the decisions of the Council, The

fund Committee or the EC of the Affiliate

associations.

-ii. Membership of the Revolving Fund Committee

The Members of the RFC shall not exceed thirteen (13) and

not less than three (7) at any given point.


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The Members shall be;

1. The Treasurer;

2. A member nominated by the Project Panel;

3. A member nominated by the Welfare Committee;

4. At least one member nominated by every Affiliate

association.

5. The Finance Manager or his appointee at the Affiliate

associations, and shall be a Special Member.

-iii. A member under ii above shall not be the Secretary.

a. Membership of the RFC shall not have all its

members being of the same gender.

b. The member nominated by the Affiliate associations

shall not be an elected Official of the Affiliate

association.

-iv The Treasurer to the Affiliate association’s shall be

Chairperson to the RFC.

-4 The provisions under this Rule shall be applied similarly in

all the Affiliate associations.


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CHAPTER VIII MEETINGS OF MEMBERS

42. MEETING OF THE ADVISORY BOARD

i. Subject to the discretion of the Board, the Board shall

meet at such a place, time and in such frequencies as it

determines.

ii. Rule 42(i) shall not apply to an AGM or SGM under this

Constitution.

11) All the Committees shall have the power to formulate

regulations to guide their meetings accordingly. Such

regulations shall be presented to the Council, which shall

approve or amend as it thinks fit. The approved regulations

shall form part of the By-Laws for the Association after

approval by the Registrar accordingly.

12) All the Committees under this Association shall after

formulation or Constitution make the required regulations

under this Constitution within four months after the

commencement of their duties.

43. TYPES AND FREQUENCY OF MEETINGS

a) The Members shall meet at least once a year which shall be

at the AGM of HOCUSA. They may also meet at any other

time in a SGM called under this Constitution.

b) The AGM of HOCUSA shall be held no later than 31th

December in each calendar year.

c) All Meetings of Members other than the AGM shall be

SGMs and shall be held in accordance with this

Constitution.

d) An SGM may be called at any time by the Council, by

giving written notice to the Affiliate associations as

required under this Constitution or By-Laws.


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e) A group of not less than twenty (20) members from each

Affiliate association’s may seek the permission of the

Council to call an SGM after supplying sufficient reasons

to the Council in a signed petition form bearing the names

of the petitioners and their Affiliate associations.

f) The Council shall determine the ground of such request and

act appropriately.

g) Members of an Affiliate associations may through a

petition to the Affiliate association’s Executive Committee

to convene a meeting to discuss any matter of interest to the

Affiliate association at any time provided that the matter(s)

so referred are within the jurisdiction of the Affiliate

association.

h) A petition referred to in rule (g) above shall be signed by at

least one third of all the members of the Affiliate

association’s and delivered to the Secretary of the Affiliate

association.

i) The Affiliate association’s Executive Committee will

determine the merit and timing of the petition and shall act

by calling for an SGM of the Affiliate association’s if the

petition is called no fewer than six (6) months to the

Association’s AGM and/or reject the petition in case where

a notice of an SGM has been issued by the SG as required

under this Constitution and the date to the SGM is no fewer

than three (3) weeks from the time the petition is received

and in which case the Affiliate association’s Executive shall

forward the petition to the Council for a ruling .

j) The ruling under rule (i) above shall either be to convene

the SGM of the Affiliate association’s during the SGM or

to forward the date of the SGM as appropriate.

k) For purposes of rules seeking a decision of Members, the

SG shall act within a reasonable time to give notice of a

SGM, after the approval of the Council, that period not


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being more than three months from the date of acceptance

of the petition.

44. PROCEDURES AT THE MEETINGS

a. At all meetings of the Association the Chairperson, or in his

absence, the vice-Chairperson, or in the absence of both

these officers, the Secretary General shall take the chair.

b. The Chairperson may at his discretion limit the number of

persons permitted to speak in favour of and against any

motion.

c. Resolutions shall be decided by simple voting by a show of

hands, acclamation or through secret ballot. In the case of

equality of votes, the Chairperson or one in a similar

capacity shall have a second or casting vote.

d. The Chairperson shall ensure order is maintained during the

meeting and shall have the right to expel a disorderly

member from meetings and set other penalties therewith for

such members.

e. The provisions of this Rule shall be used to guide Affiliate

association’s meetings.

f. Rule (e) above shall not apply to a SGM called by the

Council.

45. POWERS OF AGM/SGM MEETINGS

1. Meetings of Members shall act in accordance with this

Constitution, and for the mutual and collective benefit of

HOCUSA, the Members, and members of the society.

2. The Meetings of Members shall have the power to:

a) Confirm and endorse the major strategic directions of

HOCUSA and any proposed changes to them.


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b) Approve the Affiliate association’s and the Association’s

budgets.

c) Alter this Constitution by Special Resolution as provided

in this Constitution.

d) Review and comment on the performance of HOCUSA,

the Council and other Organs of this Association and the


e) Determine matters referred to it under this Constitution

or by bodies and officers of the Association.

f) Elect the Chairperson, VC, SG, VSG, Finance Manager,

Project Coordinator, Public Relations Officer and to

nominate other Office bearers and where appropriate

under this Constitution, terminate the membership of the

Council, the Organs of this Association and other

officials, including the Committees created under this

Constitution.

g) Nominate and present for approval of the Council,

persons to be appointed as the Patron, the Matron and the

Vice- Patron if any, subject to this Constitution.

h) Discuss and advise the Council and the Executive

Committees, on any matter referred to it by the Council

or on which an absolute majority of Members attending a

Meeting agree to so consider.

i) Perform any other duty as outlined in this Constitution or

as mandated by the Organs of this Association.

j) An AGM of an affiliate association shall perform any

other duty relevant to that affiliate association and elect

its officials as required by this Constitution.


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CHAPTER IX FINANCIAL MATTERS

46. FINANCIAL YEAR

i. The financial year of HOCUSA shall start on 1st of

January and end on 31st December the same year.

ii. The financial year of all the Affiliate associations shall

be 1st of January and shall end on 31st December the

same year.

47. FUNDS

a) The funds of HOCUSA may be derived from

Membership Fees, donations, sponsorships, interest

earnings from projects of the Association and its Affiliate

associations, grants, and such other sources as the

Council determines.

b) The Chairperson, Finance Manager and the Secretary

General, may sign, draw, accept, endorse or otherwise

execute a negotiable instrument. This provision is subject

to the Council determining by resolution that a

negotiable instrument may be signed, drawn, accepted,

endorsed or otherwise executed in a different way.

c) The Council shall determine by resolution the basis upon

which other transfers of money, including electronic

transfer, can be made and accepted and shall specify the

authority necessary for various classes of such transfers

and limits to such authority.

d) The Council has authority to authorize any such transfer

for any amount for the purpose of fulfilling its own

responsibilities under this Constitution.

e) All moneys and funds to the Association, other than

those paid to the Affiliate association’s Treasurer, shall

be received by and paid to the Finance Manager and shall


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be deposited by him/her in the name of the Association

in any bank or banks approved by the Council.

f) True accounts shall be kept of the sum of money

received and expended by HOCUSA and the manner in

respect of which such receipt and expenditure takes place

and of the property, assets and liabilities of HOCUSA

shall be open to the inspection by the Members through

their authorized representative, and the Board.

g) All the funds and money belonging to the Association

shall be used in a manner to further the Objects of the

Association subject to Rule 57.

h) At least once in every year the accounts of HOCUSA

shall be examined by one or more registered company

auditors who shall report to the Members in accordance

with generally accepted accountancy principles and/or

practices and/or the provisions of the By-Laws.

48. BANK ACCOUNT

i. There shall be Bank account(s) opened by HOCUSA

under its name.

ii. The Bank Account(s) shall;

a) Save, keep and or store all the funds of HOCUSA;

b) Be operated only by the authorized person(s) with

an expressed authority of the Council.

iii. For purpose of Rule 48 ii(b), the authority of the Council

shall be in writing and signed by all members of the

Council, bearing the authority of the Council and shall

be used for the agenda of Rule 48 (ii) and, or any other

Rule under this Constitution.

iv. Notwithstanding provisions of this Constitution,

Affiliate associations shall have registered bank accounts

manned by:

1. The Chairperson of the Affiliate association’s;


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2. The Treasurer;

3. The Affiliate association’s Secretary; and

v. No transactions at the bank account of a Affiliate

associations, other than deposits of moneys collected or

received by the Affiliate association’s or cheques, shall

be made without an express authority given in writing to

the bank by the Executive of that affiliate.

vi. The Authorized parties under Rule 48ii (b) shall include;

1. The Chairperson.

2. Finance Manager; and

3. The Secretary General.

vii. In the absence of any of the above signatories to the

Bank account, there shall be no any transactions to the

accounts, unless the Association, through writing to the

Bank Management, makes a request in line with the

provisions of the Bank’s Regulations.

viii. The letter referred to in Rule 48b (v) may only be

written by the Finance Manager and approved by the

Council and shall in addition, bear the signatures of at

least five (5) members of the Board members,

including the Patron, present at the meeting in which

the matter thereof is discussed.

ix. The SG shall keep in his/her custody the copies of

National IDs, pass port photos, email addresses and any

other information required by the Association, financial

institutions affiliated to the Association, registering

authority or under the Act. Such information shall only

be shared by the Association subject to the terms of

agreements signed by it and other parties.


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x. Authorized parties referred to in Rule 48b (iv) shall be

changed after an election in which case different persons

are elected in the capacities herein.

xi. The Finance Manager may keep a sum of money not

exceeding Kshs. 100, 000.00 for petty disbursement of

which proper account must be kept.

xii. Affiliate Treasurers may keep a sum of money not

exceeding kshs. 10, 000 for petty disbursement of

which proper account must be kept.

xiii. The Council shall have the power to suspend any office

bearer who it has reasonable cause to believe is not

properly accounting for any of the funds or property of

the Association and subject to any rule in this

Constitution, have power to appoint another person in

his/ her place.

xiv. A suspension under Rule 48(x) above shall be reported

to the Management Committee which shall undertake

any necessary measure to ensure an election of a new

official is undertaken within a period not more than 3

weeks from the date of such suspension.

xv.The absence stated in Rule 48b (v) shall include

sickness, death or inability of the member to act in

reasonable judgement in the discharge of his/her

functions, and shall be supported by a relevant document

in its support.

xvi. Absenteeism arising from disciplinary actions or

casual vacancies shall be handled in the best

appropriate manner not to sabotage the Association.


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49. ANNUAL REPORT

a) The Council and the Executives shall prepare an Annual

Report for presentation to the AGM which contains:

i. The audited annual financial statements as required

under the Act, and, shall include financial

reports/statements of the Affiliate associations.

ii. An annual report of the year’s activities, including an

assessment of progress made during the year in the

achievement of the various components of the

Strategic Plan of the Association and the achievements

made by each Affiliate associations.

iii. Each Affiliate association’s shall be required to

prepare and send their updated reports to all its

members and to the Head Office through any possible

means, including emails, print forms and via fax, not

later than two (2) week to the day of the AGM.

iv. The report of the Association, other than the audit

report statement, shall be presented to all members

during the AGM in a form accessible to members at

the meeting, and shall contain summaries from all the


b) The annual financial statements in Rule 49 a (i) shall be

audited by an auditor appointed by the AGM. The

auditor may be a practicing chartered accountant.

c) An auditor shall be appointed for the following year by

the annual general meeting. All the Association's

accounts, records and documents shall be opened to the

inspection of the auditor at any time. The Finance

Manager shall produce an account of his receipts and

payments and a statement of assets and liabilities made

up to a date which shall not be less than six weeks and

not more than three months before the date of the annual


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general meeting. The auditor shall examine such annual

accounts and statements and either clarify that they are

correct, duly vouched and in accordance with the law or

report to the Association in what respect they are found

to be incorrect, unvouched or not in accordance with the

law.

d) A copy of the auditor's report on the accounts and

statements together with such accounts and statements

shall be furnished to all members at the same time as the

notice convening the annual general meeting is sent out,

this not being later than one month to the day of the

AGM. The financial reports shall also include that of

every Affiliate association.

e) An auditor may be paid such honorarium for his duties as

may be resolved by the annual general meeting

appointing him.

f) No auditor shall be an office bearer or a member of the

Association.

50. COMMON STAMP

i. HOCUSA shall have a common stamp that shall be the

authority of the Association.

ii. The stamp shall be used in all documents of

correspondence, receipts and any other areas as

determined by the Council.

iii. For the purpose of the function of the stamp, every

Affiliate association shall design a stamp to be used by

its Executive Committee subject to approval of the

Council.

iv. Unless stated in this Constitution, the Common Stamp

shall also be a material of the Association.


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51. THE AUTHORITY OF THE COUNCIL

i) The Council shall possess a common seal under the name

―THE AUTHORITY OF HOCUSA COUNCIL” and

it shall bear the Date and signature of the Chairperson.

ii) The seal shall be used in accordance to this Constitution

and by the authorized officer(s) of this Association.

iii) Use of the seal by unauthorized party shall be unlawful

and punishable.

iv) The Council shall determine any necessary and

appropriate punishment to offenders of this Rule.

52. CUSTODY OF DOCUMENTATION AND

MATERIALS

a) The Secretary General shall keep in his or her custody at

the Office or under his or her control, all records, books

and other documents relating to HOCUSA including

copies of similar books or records of each Affiliate

association.

b) The Secretary General shall keep in his or her custody at

the Office or under his / her control, all materials and

properties relating to HOCUSA.

c) The accounting records and minutes of Meetings of

Members shall be open to inspection, free of charge, by

any Member, through their authorized representative, at

any reasonable time.

d) The Affiliate association’s records- financial records and

statements, activities reports, projects reports and register

and other records necessary and kept by the Secretary or

any other officer of the Affiliate association’s shall be

stored, kept and reserved by the SG in his/her office and


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shall be available for verifications and inspection by

bodies authorized under this Constitution.

e) Other bodies and persons, other than members of the

Association and authorized bodies may seek the

Council’s permission to view records of the Association

at a fee determined by the Council.

f) In keeping the records and documents for the Affiliate

association, the SG shall ensure that the records are

easily accessible and available at all times.

g) Record relating to the duties and activities of the

Association may be kept by relevant officers of the

Association in their custody and true copies of such

documents shall be kept by the SG as part of the

documents of the Association.


CHAPTER X DISPUTES AND DISCIPLINE

53. DISPUTES

1. If any dispute arises out of the interpretation of this

Constitution or the By-Laws or any matter concerning

HOCUSA and such dispute:

a) Does not directly involve the Council, Member of

the Council, the Board or a Member of the Board;

or;

b) Is not a matter which the Council determines; or

c) Does not involve the termination of a Member’s

Membership under this Constitution-

2- The dispute must be referred in writing to an

Arbitrary Committee appointed by the Council to

hear and determine such disputes.

3- The dispute will be handled by the Arbitrary

Committee in accordance with the By-Laws.

4- The decision of the Arbitrary Committee shall be

final and binding.

2. If any dispute arises out of the interpretation of this

Constitution or the By-Laws or any matter concerning

HOCUSA and such dispute directly involves the

Council, Member of the Council, the Board or a Member

of the Board; then the dispute shall be resolved by the

following process:

a) By the parties acting in good faith to seek an

agreement, or


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b) Failing agreement in (a) above, by a parties

appointing an independent third person to conciliate

or mediate between them; or

c) Failing agreement at conciliation or mediation

referred to in (b) above, by arbitration before the

Board. The decision of the Board shall be final and

binding.

3. If any dispute arises between an affiliated Organization

and the Association, the party aggrieved shall explain its

position to the Council or the relevant organ of the

Association which shall act within the shortest time

possible to convene a meeting to help solve the matter.

4. If there shall be no solution to the matter at the Council

level, the matter shall be referred to the Advisory Board

which shall make final decisions on the subjects

presented.

5. Disputes involving Affiliate association shall be

determined by the Council, except if such disputes arise

between the Affiliate associations and the Council,

where, the Arbitrary Committee shall be formed.

54. DISCIPLINARY MATTERS AND PROCESSES

1- Without limiting the powers of the Disciplinary

Committee under provisions of this Constitution, an

allegation by an individual or organization that a Member

or one of its Delegates or authorized representatives in

respect of HOCUSA or its events, activities, programs,

projects, Council, Member of the Council, the Board or a

Member of the Board, Appointed Official or Member has:


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a) Breached, failed, refused or neglected to comply with a

provision of this Constitution, the By-Laws, any other

procedure and/or policy, resolution or determination of

a Meeting of Members, the Council, or under any

rule(s) agreed to be applied by the Association in the

management and coordination of its agenda; or

b) Acted in a manner which is unbecoming of a Member,

office bearer, Representative or Delegate, or Appointed

Official and/or is prejudicial to the Objects Functions

and interests of HOCUSA; or

c) Brought HOCUSA into disrepute;

i. The dispute may be referred by the Council at its

discretion in appropriate cases for investigation and

determination by the Disciplinary Committee and;

ii. Any such person (―Defendant‖) will be subject

to the jurisdiction, procedures, penalties and appeal

mechanisms of HOCUSA set out in the By-Laws.

iii. The Council shall have the responsibility to

constitute the Disciplinary Committee and to

appoint its members.

2- Cases that the Disciplinary Committee considers do not

warrant formal investigation and determination can be

dealt with through mediation, conciliation or other

suitable informal process as determined by the

Disciplinary Committee.

3- The Disciplinary Committee may commence

investigatory or disciplinary proceedings (―Proceedings‖)

against a Defendant at any time

4- The Council shall appoint a secretary from one of the

members of the Disciplinary Committee. An Office

Bearer may not sit on the Disciplinary Committee.


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5- Decisions on matters referred to the Disciplinary

Committee shall be made and determined by that

Committee in accordance with the By-Laws.

6- The Defendant, any other party to the proceedings, or the

Council may appeal a decision of the Disciplinary

Committee within 14 days of the decision by submitting

it to arbitration before the Board, and by giving written

notice of such appeal to the Disciplinary Committee, the

Council and the other party.

7- The decision of the arbitrator shall be final and binding.

8- The procedures outlined under this Rule may apply to

Affiliate associations formed by this Association.


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CHAPTER XI MISCELLANEOUS

55. PATRON AND VICE PATRONS

a-

i. There may be one Patron and a Vice Patrons (not

mandatory). Patron and Vice-Patron are entitled to

attend and speak at Meetings of Members but shall have

no right to vote.

ii. The Council may make recommendations to an AGM or

a SGM of persons it considers suitable and willing to

hold the offices of Patron and (if any) Vice-Patron, for

approval by simple majority of those present, in person

or by proxy, and entitled to vote.

iii. The Patron, the Matron and (if any) Vice-Patron shall

remain in office for a period of five years but may be

reappointed.

iv. Persons appointed and/or nominated as Patron and Vice

Patron shall;

1. Be Kenyan citizens as under the Kenyan

Constitution;

2. Be members of the Homabay County;

3. Persons of wide influence and with ability to

patronize and guide Associations;

4. Pro development and able to muscle economic

opportunities for the Association;

5. A person with exemplary leadership ability and

skills in the society;

6. Express unwavering interest and willingness to

perform the duties under this Constitution and the By-

Laws.

v. The Patron shall perform the duties outlined in this

Constitution and/or the By-Laws.


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b- The duties of the Patron shall be the following, but not

limiting roles and duties listed in the By-Laws:

1. Represent the Association in meetings where the

Council shall not attend ;

2. Organize the Association in appropriate manner to

achieve its objectives;

3. Champion the activities of the Association;

4. Be the overall leader of the Association;

5. Maintain the Association by means applicable;

6. Arrange, defend, stand for and negotiate

workable instruments for the Association with other

parties, institutions and agencies;

7. Spearhead all the activities of the Association;

8. May be an arbiter or a mediator for the Association.

c- The Vice Patron

i. Persons with similar qualifications to those of the

Patron may be nominated by the AGM as Vice Patron;

ii. There may be only one Vice Patron at every single

time;

iii. The Association shall formulate legislations giving

other roles to the Vice Patron.

d- Duties of the Vice Patron

The Vice Patron shall;

i. Be the principal assistance to the Patron and the

Matron;

ii. Perform the duties of the Patron in the event of their

absence;

iii. Perform any other duties as assigned by the AGM or as

under this Constitution and the By-Laws.

e- The Council may suspend provisions of this Rule after a

resolution of its members.


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56. THE MATRON

a)

1. HOCUSA shall have one position reserved for a

female with outstanding contributions to the society,

who shall be the Matron of the Association.

2. The Matron shall have qualifications as those of the

Patron.

b) Functions of The Matron

The Matron shall perform the following functions and

duties;

i) Be the representative of females and persons with

disabilities in the Association;

ii) Be the link of the Association to the outside

society;

iii) Represent the interests of the Association in

forum of leaders of the society;

iv) Be the Mum of the Association;

v) Perform any other duty as asked by the Board.

c) The Council may suspend the applications of this Rule

after a resolution passed by its members.

57. APPLICATION OF INCOME

1- The income and property of HOCUSA shall be applied

solely towards the promotion of the Object of HOCUSA

as set out in this Constitution.

2- No portion of the income or property of HOCUSA shall

be paid or transferred, directly or indirectly by way of

dividend, bonus or otherwise to any Member, delegate,

Officer or Office Bearer except if otherwise provided for

in this Constitution;


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3- Subject to Rule 47 (g) and 57(1), nothing in Rule 57(2)

shall prevent payment in good faith of, or to, any

Member, delegate, Officer or Office Bearer for:

a) Any out-of-pocket expenses incurred by the

Member, delegate, Officer or Office Bearer on

behalf of HOCUSA in accordance with the

procedures, processes and standards specified by the

Council.

b) Any services actually rendered to HOCUSA

whether as an employee or otherwise.

c) Goods supplied to HOCUSA in the ordinary and

usual course of operation.

d) Interest on money borrowed from any Member.

e) Rent for premises demised or let by any Member,

delegate, Officer or Office Bearer to HOCUSA.

f) Remuneration and benefits conferred to them by the

regulations of this Association.

-Provided that any such payment shall not exceed the amount

ordinarily payable between the parties and the person or

organization not being a Member, delegate, Officer or Office

Bearer of HOCUSA; or such payments shall not exceed the

amount meant for the remuneration of the officer involved.

4- The Board shall determine any appropriate means to

express gratitude to members, officers, employees and

office bearers of the Association for services done to the

Association.

5- The Board shall also set and specify, the amount to be

paid, as remuneration or benefit to all office bearers and

other leaders of the Association including that of all the

leaders of the Affiliate associations.

6- No payments shall be made out of the bank account or by

cash without a resolution of the Council authorizing such


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payment and all cheques or receipts on such bank

account shall be signed by the Chairperson, the Secretary

General and the Finance Manager.

7- The Council shall have power to suspend any office

bearer or officer of the Association who it has reasonable

cause to believe is not properly accounting for any of the

funds or property of the Association 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 from the

date of such suspension and the general meeting shall

have full power to decide what further action should be

taken in the matter.

8- Any Affiliate association formed under this Constitution

shall have the discretion to set rules on remuneration of

officers and any other relevant payments or scheme of

awards to its members and officers.

58. ALTERATIONS TO THIS CONSTITUTION

1- This Constitution or the name of the Association may

only be amended, added to or repealed except by Special

Resolution in an AGM/SGM supported by two-third of

all the registered members of the Association.

2- Notwithstanding the provisions of any Rules in this

Constitution, a notice of an intention to alter this

Constitution, and full details of the proposed alterations,

must be given by the Member(s) proposing the change or

the Council to the Secretary General no fewer than (30)

days prior to the Meeting of Members which is to

consider them.

3- Upon receipt of such notice, the Secretary General shall

consult the Council and obtain such legal and other


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advice as considered necessary and helpful for Members’

consideration of the proposed alterations and shall call

for a Special General meeting within 14 days after

receipt of the notice.

4- The quorum at the meeting shall be two-third majority of

members present. If no quorum is obtained, the proposal

to dissolve the society shall be submitted to a further

general meeting which shall be held during the dates set

for the AGM of that year. Notice of this meeting shall be

given to all members of the society at least 14 days

before the date of the meeting. The quorum for this

second meeting shall be the number of members present.

5- A resolution by the members of the Association under

this Rule shall not, however, be implemented without the

prior consent in writing of the Registrar, obtained upon

application to him made in writing and signed by the

Chairperson, the Secretary General and the Public

Relations Officer.

6- No Affiliate association’s shall have the authority to

cause an amendment to its rules once they are

established, except by a resolution passed by the Council,

and the procedure shall be similar to the provisions of

this Rule.

59. BY-LAWS

1. The Association shall have an absolute right to make,

create and enforce By-Laws.

2. The Committee on Administration may make, amend and

repeal subject to approval by the AGM, such By-Laws as

it considers necessary or desirable. Such By-Laws must

be consistent with this Constitution and with the

resolutions of Meetings of Members.


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3. All By-Laws shall be binding on HOCUSA, the

Members, and delegates, Officers, Office Bearer and

Appointed Officials.

4. All By-Laws and any amendments to them shall be

advised to all Members in writing, as soon as reasonably

practicable after their approval by the Council.

5. No process under this Rule shall interfere with the duties

of committees created under this Constitution.

6. All By-laws which were in force prior to the

commencement of this Constitution shall remain in force

upon commencement of this Constitution until amended

or repealed by the Council or AGM.

7. The By-Laws shall not contravene this Constitution

whatsoever and shall be in harmony with all the

provisions of this Constitution.

8. Any contradictory By-Law to this Constitution shall be

invalid to that extent.

9. The Constitutions of the Affiliate associations formed

under the Association shall be part of the By-Laws of the

Association.

10. The PRO shall lodge with the Registrar an intention

of the Association or its Affiliate association’s to add or

repeal By-Laws according to this Constitution.

60. WINDING UP

1. A resolution to dissolve this Association shall require a

vote of all members registered in the Association and

shall only be conducted during an AGM.

2. An appeal for dissolution may be lodged by at least two-

thirds of all registered members from every Affiliate

association.


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3. HOCUSA may voluntarily wind itself up if no fewer

than seventy five per cent of all registered members, and

entitled to vote at an AGM pass the resolution.

4. If upon winding up or dissolution of HOCUSA there

remains after satisfaction of all its debts and liabilities

any assets or property, these shall not be paid to or

distributed amongst the Members of HOCUSA but may

be given or transferred to an orphanage or used in a

manner to help the society or to support any existing

project of HOCUSA.

5. No dissolution shall be effected without prior permission

in writing of the Registrar, obtained upon application to

him made in writing and signed by the Chairperson, the

Secretary General and the Finance Manager.

6. When the dissolution of the Association has been

approved by the Registrar, no further action shall be

taken by the Council or any office bearer of the

Association in connection with the aims of the

Association other than to get in and liquidate for cash all

the assets of the Association. Subject to the payment of

all the debts of the Association, the balance thereof shall

be distributed in such other manner as may be resolved

by the meeting at which the resolution for dissolution is

passed, and/ or according to provisions of this

Constitution.

7. The beneficiary envisaged in Rule 60(4) must prohibit

the distribution of its or their income and property among

its or their members to an extent at least as great as is

imposed on HOCUSA by this Constitution, must not be

carried on for profit, and must be similarly exempt from

income tax.

8. The beneficiaries referred to in Rule 60(4) are to be

determined by the Members of HOCUSA at or before


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the time of dissolution. If the Members cannot decide,

such determination shall be made by such body in the

country as may have or acquire jurisdiction in the matter.

61. INDEMNITY

HOCUSA shall indemnify its Office Bearers, Appointed

Officials and employees against all damages and costs

(including legal costs) for which any such, Office Bearers,

Appointed Official or employee may be, or become, liable to

any third party as a result of any act or omission, (except

wilful misconduct):

a) In the case of Office Bearers or Appointed Official or

employee, performed or made whilst acting on behalf of

and with the authority, express or implied, of the

Council, and

b) In the case of an employee, performed or made in the

course of, and within the scope of their employment by

HOCUSA.

62. COLOURS

i. The colours of HOCUSA for use in its logo(s), and

promotional material shall be as described in this

Constitution.

ii. Members may use these colours in logos and promotional

material of their own. Members must obtain express

permission in advance from the Secretary General to use

them in the same design, or a substantially similar design,

to the design used by HOCUSA.


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63. SCHEDULE ONE DEFINITION

“HOCUSA” means ―HOMABAY COUNTY STUDENTS

ASSOCIATION”- as under Rule 1

“Act” and “the Act” means the Societies Act 1968.

“Annual Report” means the report described under Rule 49.

“Annual General Meeting” and “AGM” mean the Meeting

of Members held annually as described in Chapter VIII or a

meeting held at the end of every year by an affiliate

association. “Appointed Official” means individuals who are

appointed by the Council to positions of responsibility within

HOCUSA. ―Authorised Representative” means a person

who is authorised for the time being in writing by the

Management of HOCUSA to act on its behalf in respect of

any action or matter provided for in this Constitution

including By-Laws. Unless specified the “Board” means the

“The Advisory Board” as defined in Rule 23. “The

Committee, EC” means the Affiliate association’s Executive

Committee “By-Laws‖ means the By-laws made under Rule

59. The “COUNCIL” means the ―HOCUSA GOVERNING

COUNCIL” as under Rule 11. ―Affiliate associations” or

“Affiliate association” means an Affiliate association or

Affiliate associations of HOCUSA formed by members of the

Association and may be referred to as Branches. “Delegate”

means a person appointed by a Member or the Council to be

its representative at a meeting. “Intellectual Property”

means all rights and/or goodwill in copyright, business names,

names, trademarks (or signs), logos, designs, patents or

service marks relating to HOCUSA or any event, or any

activity, project or task administered by HOCUSA. “Life

Members” means those individuals described in Rule 5.

“Meeting of Members” means an Annual General Meeting

(AGM) or a Special General Meeting (SGM) of Members


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under Rule 43. “Member” means a Member of HOCUSA as

specified in Rule 5. “Membership Fee” means any fee

payable by the Members to HOCUSA as provided for in Rule

7. “Object” means the Object of HOCUSA described under

Rule 4 of this Constitution. “Office” means the principal

place where the activities of HOCUSA shall be administered

as described in Rule 5. “Officer” means an individual holding

one of the positions described in this Constitution. ―Office

Bearer” refers to any person elected, nominated or appointed

to hold office. “Chairperson” and “Secretary General

(SG)” means the individual elected under Rule 11.

“Register” means the register of Members and Officers of

HOCUSA specified in Rule 9. “Constitution” mean this

Constitution. “Special General Meeting” or “SGM” means a

Meeting of members called under Rule 43 other than the

Annual General Meeting. “Special Resolution” means a

resolution passed at a Meeting of Members (for which proper

notice is given under this Constitution) by not less than a

three-quarters majority vote of those entitled to vote at such

meeting. “Student” means a person in an institution of

learning to which membership is reserved; alumni or associate

of any institution where membership is opened. “Voting

Power/ right” means the right of a member to participate in

elections and determinations of objectives advanced by

HOCUSA. “Association” means this Association, its

members and officers collectively, the Affiliate associations

HOCUSA and their officers collectively. ―Committees” are

bodies formed under this Constitution other than Office

Bearers. ―Common Stamp” refers to the stamp of authority

owned by the Association for use as under Rule 50.

“Pioneers” means the Chief Original Founding persons of the

Association. “Regional balance” means fair considerations to

all the Institutions within Homabay County. “Youths” means


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a person between the age of eighteen years and thirty-five

years. “Patron, “Vice Patron” and “Matron” means an

individual elected to that position under Rule 55 and 56.


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64. SCHEDULE TWO RESPONSIBILITIES OF

OFFICIALS AND OFFICERS

The responsibilities of Office Bearers referred to in this

Constitution include:

1. A duty to act in best interests of HOCUSA

An Office Bearers must carry out his or her functions:

a) In good faith in the best interests of the HOCUSA as a

whole, and

b) For a proper purpose.

2. A duty to exercise care and diligence

An Office Bearers must act honestly and exercise a reasonable

degree of care and diligence in carrying out his or her

functions.

3. A duty not to improperly use position

An Office Bearers must not make improper use of his or her

position: (a) to gain, directly or indirectly, an advantage for

the member or another person, or (b) to cause detriment to the

HOCUSA.

4. A duty not to improperly use information

An Office Bearers must not make improper use of information

acquired because of his or her position:


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(a) To gain, directly or indirectly, an advantage for the

member or another person, or

(b) To cause detriment to the HOCUSA.

5. A duty to disclose material interests

(a) If an Office Bearer:

(i) Has a material interest in a matter being considered or

about to be consider at a meeting of the where s/he is a

member, and

(ii) The interest appears to raise a conflict with the proper

performance of the his or her duties in relation to the

consideration of the matter,

The Office Bearer must, as soon as possible after the relevant

facts have come to the Office Bearer’s knowledge, disclose

the nature of the interest at a meeting of the Council or

committee.

(b) After an Office Bearer has disclosed the nature of an

interest in any matter, the Office Bearer must not unless the

Council otherwise determines:

(i) Be present during any deliberation of the Council or

committee with respect to the matter, or

(ii) Take Chapter in any decision of the Council or committee

with respect to the matter.

(c) For the purpose of the making of a determination by the

Council or Committee under (ii) above, an Office Bearer, who

has a material interest in a matter to which the disclosure

relates must not:


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(i) be present during any deliberation of the Council or

committee for the purpose of making the determination,

or

(ii) Take part in the making of the Council or Committee

of the determination.

(f) A contravention of this Rule does not invalidate any

decision of the Council or Committee.

(g) This Rule does not prevent a person from taking part in the

consideration or discussion by the Council or committee of

any question relating to the person’s removal from office

under Rule 38.

(h) This Rule applies to a member of a committee and the

committee in the same way as it applies to an Office Bearer,

Council Members, Board Members, the Council and the

Board.

(i) For the purposes of this Rule, an office Bearer has a

material interest in a matter if a determination of the

Committee or Council in which he sits as a member, in the

matter may result in a detriment being suffered by or a benefit

accruing to the Office Bearer or an associate of the member.

(j) In this Rule:

―Associate of an Office Bearer‖ means any of the following:

(i) the spouse, de facto partner, parent, child, brother or sister,

business partner or friend of the Office Bearer enlisted as the

next of kin and, or is entitled to the benefits accrued by the

Office Bearer, in a similar category by the office Bearer;


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(ii) The spouse, de facto partner, parent, child, brother or

sister, business partner or friend of a person referred to in

paragraph (i) if that relationship is known to the Office

Bearer;

(iii) Any other person who is known to the Office Bearer for

reasons other than that person’s connection with HOCUSA or

that person’s public reputation.


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65. THE COLOURS, LOGO AND FEATURES OF

HOCUSA

HOCUSA shall develop its Colours, Logo and other features

as may be necessary for the promotion of its objectives and

realization of its authority, authenticity and for formal

reasons.

The name of the Association shall appear in a blue colour

with the acronym in green colour.

The slogan of the Association shall always appear below the

name. It will be in brown.

The Association’s contacts including physical addresses may

be included in the logo in a manner appropriate.

This logo could be used by the affiliate associations with

relevant modifications.

HOMA BAY COUNTY STUDENTS ASSOCIATION

(HOCUSA) TOGETHER WE STAND TOGETHER WE GROW


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66. SCHEDULE THREE- FIRST ELECTION

1. The First Elections of the Council shall be conducted by

members at the First meeting of this Association.

2. Founder members reserve the right to be elected to the

positions created under this Constitution provided they are

well meaning and meet the specifications required under this

Constitution.

3. While Constituting the First Council-

i. Regional balance shall be observed.

ii. Certain provisions specified for the constitution of the

Council under this Constitution may be suspended

accordingly.

iii. Persons elected as Chairperson to an Affiliate association

shall be a member of the Council, but shall resign from

the former position for fresh elections of new office

holder of the Affiliate Executive Office.

iv. Persons elected to the Secretariat shall not be subjected

to a fresh election at the First AGM of the Association,

unless such a person –

a) Resigns from office;

b) Asks to be exempted from the Secretariat;

c) Dies before the date of the AGM;

d) Is unable to perform his/her duties effectively due to

any reason;

e) Is found unfit to hold any position in the

Association according to the provisions of this

Constitution;

f) Is found to be working against the interests of the

Association or the Affiliate associations formed

under the Association;

g) Has demonstrated unwillingness to serve in the

Association as required;


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h) Is not willing to serve at the position he/she was

elected in during the First Election.

i) Has been requested by the members of an Affiliate

association, in which he/she is a member, and has

accepted, to be in its Executive Committee.

v. Under the above considerations, new elections shall be

conducted to the respective ―vacant‖ position

accordingly.

vi. For purposes of the First Elections, all members eligible

and contesting for any position of HOCUSA shall pay a

constant nomination fee of Kshs. 100, except for the

positions of the Chairperson, the Deputy Chairperson,

the Secretary General the Deputy Secretary General and

the Treasurer, who shall pay a nomination fee of Kshs.

200.

vii. Despite any provision in this Constitution, a member

shall be eligible for election after satisfying other

requirements of elections under this Constitution.

viii. It shall be presumed that until during the First AGM all

Affiliate associations have constituted their Executive

Committees, or have formally endorsed their Executive

Committees, and the respective Committees as required

under their Constitutions, and consequently-

i. The respective members of the affiliates shall not

have to convene for the purpose of election of the

same officials, or

ii. The respective members shall convene to formally

endorse and proclaim the existing Executive

Committee as truly elected for the given Affiliate

associations, or

iii. The respective members shall elect, appoint or

nominate or formally endorse serving members of


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the respective committees into the Committees as

provided;

iv. The Affiliate associations shall perform any other

duty as provided for and deemed to enhance any

activity of the AGM-including nominating members

to Committees of the Association.

4. Following the Constitution of the Executive Bodies and

Committees as required, the Committees of the Association

shall be formed accordingly.

5. Officers elected to the Council during the First Election

shall be deemed Officials of the Association upon

confirmation by members attending the First AGM; and shall

exercise all the authority of the Council as provided under this

Constitution.

6. A provision under this Schedule may be suspended if

agreed so by the members at the first meeting.

7. Any suspension to any Rule under this schedule shall only

be applicable for the period of the First Election and shall be

interpreted for the benefit of that purpose it seeks to serve.

8. Officials elected by any affiliate association before this

Constitution came to force shall be considered and deemed as

the officials of that affiliate association and shall perform any

responsibility conferred to them under this Constitution.


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67. SCHEDULE FOUR-

1. Until the Affiliate association’s Executives have been elected

and respective committees formed as under this Constitution-

(a) The functions of the Affiliate association’s Executive and

those of the Council shall be performed by the Secretariat;

and

(b) Any function or role that is required to be performed by all

the Committees of the Association shall be performed or

exercised by the Secretariat.

2. The time specification for the full implementation of this

Constitution shall be a maximum of three years.

3. All the institutions under this Association shall always elect a

member from amongst its members to be a representative of that

institution at the Welfare Committee.

4. Members elected as Institution representatives shall perform all

the roles in representation of all the interests of the institution

he/she represents.

5. The Board may guide the establishment of offices to look into

special interests such as-

a) The Girl Child Education;

b) Gender Based Interests;

c) Academics;

d) Health related issues;

e) Economic empowerment and involvement of the Association,

among others as it shall deem necessary and profitable to

HOCUSA.

6. The Board shall nominate persons to serve in the Committee

responsible for the formation and establishment of HOCUSA

SACCO.


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68. DECLARATION

This Constitution was promulgated on the ……..of

……..2014 by the members of HOCUSA.

We the undersigned confirm that the Constitution was

proclaimed unanimously by members of this Association on

the above day and date and that members agreed to abide by

all the rules and regulations set herein.

Name Position

Signature

Chairperson

Secretary General

Finance Manager

Witnessed by the Patron

Date

Name: Mr. Esborn Omiti Signature

HOCUSA CONSTITUTION

Documents

Transcript of HOCUSA CONSTITUTION