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CONSTITUTION OF THE KENYATTA UNIVERSITY LAW STUDENTS ASSOCIATION (KULSA) |
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Preamble |
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Preamble |
WHERE AS We the students of law in Kenyatta University have desired to constitute ourselves as a distinct society under a framework of organization which shall secure for ourselves and our posterity the blessings of modesty and prosperity, HUMBLY submitting to Almighty God and recognizing our responsibility before him, the community and ourselves, RESPECTFULLY remembering the unremitting efforts and successes of the founding and succeeding members, RECOGNIZING the diversity of backgrounds and cultures of members united by a common purpose, interest and aspirations, SEEKING to promote and realise the common good and welfare of members with due observance of prudence, justice and charity amongst members and the esteemed greater society, DETERMINED to cultivate and promote all aspects of legal and social research and all elements of academic and professional excellence, GUIDED by the principles of reason, courtesy and genuine search of all virtues, to live under conditions of comradeship, peace and to develop salubrious concord with other students’ bodies, person(s), institutions and all who share the ideals of justice, liberty, equality and truth; NOW THEREFORE: We, the aforementioned students calling ourselves the Kenyatta University Law Students Association, (hereinafter referred to as The Association or K.U.L.SA) do hereby solemnly adopt, ordain and give ourselves and our posterity this constitution to work and be guided by absolute loyalty to its letter and spirit |
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THE CONSTITUTION |
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Long Title |
Article 1 1) This constitution shall be the “Constitution of the Kenyatta University Law Students Association” and shall apply to all members to the extent of the provisions herein. |
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Supremacy of the Constitution |
2) This constitution shall be the supreme law of the Association and, if any other rule, order or provision is inconsistent with this constitution, this constitution shall prevail and that other rule, order or provision shall be, to the extent of the inconsistency, void. |
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PART TWO OBJECTIVESS OF THE SOCIETY |
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Objectives of the association |
Article 2; Subject to this constitution, the following shall be the objectives of the Association: 1) To use all lawful, proper and prudent means to ensure members’ aspirations and interests are realised and secured; 2) To foster the interaction of the members of the Association at all levels for the purposes of enhancing informed academic discourse and harmonious social intercourse. 3) To publish or cause to be published, legal and other literature with a view to encouraging research, promoting the interests of the Association and the dissemination of ideas to the world at large. 4) To participate, whenever possible and practicable, in the administration of justice within communities in pursuit of the rule of law, enhancement of democracy and the legal protection of human rights. 5) To organise, arrange and conduct legal aid and to engage in educational, charitable and voluntary services to the public. 6) To broaden and enhance the academic excellence of members through the promotion of the worthy etiquette of the legal profession and its academic life with a view to cultivating a genuine and responsible legal profession throughout the community. 7) To form, foster nurture and promote friendly relations and understanding with other student bodies and with governmental and non-governmental organisations within and without Kenya; 8) To carry out such other activities as may be conducive, incidental or connected with the fulfilment of the foregoing objectives. |
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Article 3; |
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Nothing contained in Article 2 above shall preclude the Association from acting on novel and/or emerging issues and situations where these are of sufficient consequence to members’ interests or the larger public. The Society shall tackle any such issues and situations in accordance with its own genius and tradition. Provided that such emerging issues and situations shall be reasonably incidental to the objects of the Association as aforementioned and subject only to the provisions of the Kenyatta University Act,Cap .210,laws of kenya |
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Affiliate organisations. |
Article 4; The Association may, in the pursuit of its noble objectives, establish and /or co-operate with such affiliate organisations as may be necessary for the achievement of its objects. The term “affiliate organisations” in this part includes:
· The Kenyatta University Law Journal (KULJ); · Student Association for Legal Aid and Research (SALAR); · Law Forum; · Legal Education Programme – Sheria (LEP-Sheria); · Student Organisation of Law and Diplomacy (SOLAD) and; · The Legal herald. . The Legal speak
And such other organizations as may be established as affiliate organizations of the Association subject to Article 14(7) |
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PART THREE MEMBERSHIP.
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Article 5; |
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Full Membership |
1) Full Membership: Full membership shall be open to all students duly admitted into Kenyatta University and pursuing a full-time law degree course at the Faculty of Law. Provided that no person qualified to be a full member shall enjoy the rights and privileges under article 6 unless and until such person has made such payments in respect of membership as may be provided for by Council. The Part-time students hereinafter referred to, as Module 2 students shall also be members of the society once duly admitted into the university and pursuing a Part-time law degree course at the Faculty of Law. |
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Associate Membership |
2) Associate Membership: Associate membership may be open to any person(s) pursuing a course in the discipline of law within or without Kenya. Provided that a person wishing to be an associate member shall forward a written application letter to the Council through the office of the Secretary-General. The Council may then consider and approve such application. |
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Honorary Membership |
3) Honorary Membership: The Society may, by a resolution passed by three fourths of all the members of the Council, invite any past members of the society or any person(s) who, in the opinion of the Society, has rendered valuable service and/or contribution to the Society or Faculty, to become honorary member(s) of the Society |
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Rights and privileges of full members.
Rights and privileges of Part-time Members |
Article 6; 1) Subject to express provisions of this constitution to the contrary, full members of the Society as laid out in Article 5 (1) above, shall enjoy the following rights, powers and privileges; a) A member may seek election to any office or position established by this constitution and shall be entitled to vote; b) A member shall be entitled to attend, participate and vote at any Annual General Meeting (AGM) or Special General Meeting (SGM) of the society; c) Forming part of two thirds of all the registered members, petition the Secretary-General to call the Annual General Meeting (AGM) or the Chairperson to call a Special General Meeting as the case may be; d) A member shall have the right to access all relevant information relating to affairs of the Society including books and records of accounts, audit reports and minutes of meetings in so far as it shall be reasonable; e) A member shall have the right to take part in all the activities organized and run by the Society; Any member has a right to relinquish his/her membership from the Society;
1A Subject to express provisions of this constitution to the contrary, Part-time members of the Society as laid out in Article 5 (1A) above, shall enjoy the following rights, powers and privileges; a) A member may seek election to any the following posts or position established by this constitution and shall be entitled to vote; 1. Vice-Chair 2. Organising Secretary 3. Module 11 Representative b) A member shall be entitled to attend, participate and vote at any Annual General Meeting (AGM) or Special General Meeting (SGM) of the society; b) Forming part of two thirds of all the registered members, petition the Secretary-General to call the Annual General Meeting (AGM) or the Chairman to call a Special General Meeting as the case may be; |
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Rights and privileges of Associate and Honorary Members |
2) Associate and Honorary members may attend and participate in the General Meetings of the Society. They shall neither be entitled to vote nor shall their presence or absence thereof affect the requisite quorum at the said meetings. |
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3) Any member intending to resign from the society shall submit his resignation in writing to the Secretary General. Such shall take effect upon its reception. Provided that where a member resigns or is expelled from the Society, such a member shall not be entitled to a refund of his subscription or any part thereof or any monies, property or interests contributed by him hitherto. |
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Disciplinary action. |
2) Any member may face disciplinary action if The Council so recommends through a motion passed by two-thirds majority of all members of the Special General Meeting. The grounds of such an action shall be on any gross misconduct according to the code of regulations. |
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3) The following shall be the penalties available for such misconduct. a) Censure. b) Suspension of specific rights provided under Article 6(1)(a) to (f). c) Suspension of membership. d) Expulsion.
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Article 6A Subject to article 6 (4), The Council shall constitute a Disciplinary Committee consisting of not less than 7 members, two of whom shall be nominated by the member facing the disciplinary, to hear and determine disciplinary cases. Decisions of the Disciplinary Committee shall be subject only to appeal to the Dean of Students through the office of the Patron. |
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PART FOUR: OFFICE BEARERS |
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Article 7; The Society shall consist of the following organs: The Council, the Office of the Patron, and Committees. |
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Nomination of members |
Article 8; 1) The Council shall consist of the Chairperson, the Vice-Chairperson, the Secretary General, the Organising Secretary, the Treasurer and three nominated members,(special interest members),The School of Law representative in KUSA 1A) The Module 1 and Module 2 Representatives shall also form Part of the Council 2) The Chairperson, Vice-chairperson, the Secretary General, the Organising Secretary and the Treasurer shall be elected directly by members of the Society subject to this constitution. 3) The School of Law Representative in the Student body, Kenyatta University Students Association, shall be an Ex-officio member of The Council, with no powers to vote or make decisions, but only on an Advisory capacity. 3(1)In his/her absence, The School of LAW representative may nominate any other KUSA member to represent him in that capacity |
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Term of office |
4) The Council shall, subject to this constitution, hold office for a term of one calendar year beginning from the date upon which it is sworn in. |
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Functions of the Council |
5) Subject to this constitution, the following shall be the functions of the Council; a) Management and co-ordination of all matters of the society and may appoint such committees, as it may consider necessary to carry out specific functions. b) Enter into negotiations and agreements on behalf of members. c) Take custody of all properties, documents and/or books belonging to or acquired by the society. d) Perform any functions, play any roles and undertake any duties that are incidental to the success of the society and the fulfilment of its objectives. |
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6) In the performance of its functions, the Council may form such committees, as it may consider necessary for the proper functioning of the Society. VACATION OF OFFICE7) A Council office shall fall vacant if and when; a) An office-bearer resigns from his post. The resignation shall take effect when tendered to the Speaker. b) An office-bearer dies; c) An office- bearer, by reason of mental or physical infirmity, is incapable of performing the duties of the said office; d) A vote of no confidence is taken against the office bearer in question, subject to Article 28. e) An office bearer ceases to be a member of the Society;
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Article 9; OFFICE BEARERS 1. There shall be a Chairperson who shall be the chief executive officer of the council and shall, subject to this constitution, be answerable for all matters on behalf of the Society. 2. The Chairperson shall convene the first sitting of The Council, subject to Article 17. 3. The Chairperson may summon Council meetings and shall preside over all Council meetings unless incapacitated by reason of illness or other sufficient cause. 4. The Chairperson shall confirm minutes of the Council meetings. 5. The chairperson shall preside over the meetings of the Affiliate Organisations Committee (AOC). 6.The Chairperson shall summon The Special General Meeting,(SGM) The Chairperson shall, together with the Treasurer, be the official signatory to the KULSA bank account subject to Article 25(4). |
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Article 10; 1. There shall be a Vice-Chairperson who shall be the principle assistant to the Chairperson and shall perform such functions as may be delegated to him by the Chairperson. 2. The Vice-Chairperson shall, in the absence of the Chairperson; a) Preside over Council meetings. b) Sign letters, documents and other records on behalf of the Chairperson and the Council. c) Carry out any administrative work ordinarily done by the Chairperson. Provided that the Vice-Chairperson shall not, on his own, summon Council meeting without consulting the Secretary General and any one other Council member. |
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Article 11; 1. There shall be a Secretary General who shall be the secretary of the council and the Society. 2. The Secretary General shall take minutes of all Council meetings and the Society’s Annual General Meeting (AGM). Provided that minutes of the Special General Meetings (S.G.Ms) shall be taken by the Clerk of the Congress 3. The Secretary General shall be responsible for all correspondence on behalf of the Council and the Society. 4. The Secretary General shall keep all records, documents; titles ‘ejusdem generis’’ of the Society save for books of accounts and records of finance. 5. The Secretary General shall communicate to all members and/or Council members the venue, date and agenda of Council meetings and the Annual General Meeting (A.G.M). 6. The Secretary General shall keep an accurate register of members and shall make it available for inspection and for purposes of dissolution, vote of no confidence, amendment of the constitution, elections and other purposes. |
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Article 12; 1. There shall be an Organising Secretary who shall be the coordinator of all the activities of the Council and Society and shall be in charge of logistics for all extra curricular activities thereof. 2. The Organising Secretary shall sit as the secretary of the Affiliate Organizations Committee (AOC) and shall communicate to the members of the committee, the date, venue and agenda of meetings; 3. He shall deputise the Secretary General and may perform such functions as may be delegated to him by the Secretary General; provided that the Organizing Secretary shall not, on his own, issue external correspondence on behalf of the Society;
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The Treasurer |
Article 13; 1. There shall be a Treasurer who shall be responsible for all financial matters of the Council and the Society; 2. The Treasurer shall receive and disburse all monies belonging to the Society as may be authorised. 3. The Treasurer shall keep proper books and records of accounts and shall avail them for auditing and inspection. 4. The Treasurer shall be answerable directly to the Council and Congress and shall therefore ensure proper prioritisation and utilisation of all monies made available to the Society. 5. The Treasurer shall attend all Council and Society meetings unless prevented by sufficient reason made known to the Chairperson. Provided that no person shall be qualified to be elected as Treasurer who has been convicted of crime involving fraud or dishonesty under the laws of Kenya. Article 13AThe Module 1 and Module representatives shall represent the interests of the respective modules in the council. |
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Article 14; 1. The Affiliate Organisations of the Society shall be the Organizations referred to in Article 4. 2. The Affiliate organizations shall be the technical arm of the Society and shall provide services to the extent of the provisions of their respective constitutions. 3. The Council shall provide a framework for coordinating and facilitating the activities of the organisations.
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Affiliate organizations committee. |
4. There is here established an Affiliate Organizations Committee (AOC) to be compost of the Chairpersons of the affiliate organisations, the Chairperson of the Society and the Organising Secretary. 5. The Chairperson of the Council shall be the chairperson of the Committee and the Organising Secretary shall be the secretary to the committee. 6. The committee shall be responsible for coordinating all the activities of the affiliate organisations including financial and logistics and shall meet at least once a month. No new organisation shall be established as an affiliate organization of the Society without prior written consent of the Affiliate Organizations Committee.
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Article 15; 1) There shall be a patron of the society who shall be appointed by the council in consultation with the members. 2) The Secretary General may put up notices inviting proposals from members on who to be the patron whenever the seat of the patron is vacant. The proposed patrons shall be drawn from distinguished legal professionals with successful careers as litigating lawyers, scholars, teachers or administrators. 3) The Council shall second two nominees one of whom shall be approved by Congress to be the patron. 4) The Secretary General shall publish the name of the approved patron. 5) The patron shall assume office on the day following publication and shall carry on as patron for a period of three years and shall be eligible for re-election. 6) The patron shall facilitate and assist the Society realize its objectives and shall, in this regard, be entitled to enter into negotiations, lobbying and other agreements with person(s), bodies or institutions. 7) The patron shall cease to hold office in either of the following cases; a) Incapacitation arising from mental or physical infirmity, or by death or resignation
Provided that a new patron shall be appointed within two months of the vacancy. The Dean of the Faculty of Law of Kenyatta University School of Law, or a person appointed by her, may act as the patron during the period of the vacancy. |
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PART FIVE: ELECTIONS |
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Date of elections |
Article 16; 1) Each of the holders of the Council Offices shall access office through an election. 2) The general elections shall be held two weeks before the expiry of the term of office of the incumbent Council. 3) No new member of the association shall contest for elections unless he has been a member of the society for at least five weeks, Provided that such a member shall be entitled to vote. 4) No serving Class Representative shall be eligible to vie unless he/she relinquishes his post as Class Representative. 5) No member shall contest the posts of the Chairperson or Secretary General if: a) He/she will cease to be a student of the University within three months after the date of elections. b) He has been a member for less than three months on the date of elections. c) He is part-time Student d) He is a student representative in the student council,KUSA. 6) Every member shall have a single vote. The voting shall be by secret ballot simple majority system. 7) Whenever there is a tie in respect of a post, another vote shall be taken within seven days of the announcement of the tie. |
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Procedure for general elections |
Article 17; 1) The Secretary General shall put a notice of the general elections not later than 21 days to the date of election referred to in article 17(2) above, and shall invite applications for the posts of the Returning Officer and six polling clerks. 2) The Returning Officer and the polling clerks shall be appointed by the council provided that each appointment shall be on the principles of proportionality, impartiality and fair representation. 3) The Returning Officer and the polling clerks shall constitute the Electoral Commission with independent status. 4) The Returning Officer shall put up notices stating the fixed date of elections and further invite persons so interested to present their names for nomination as candidates. 5) Prospective nominees shall obtain nomination forms at a venue directed by the returning officer. 6) The candidates shall fill the nomination forms providing names, registration numbers and signatures of at least 15 members seconding his/her nomination. Provided that for the posts of Chairperson and Secretary General, the persons in 17(6) above shall be 5 from every class in session. 7) The nomination forms shall be received by the Returning Officer before the dead line fixed by him; provided that such a dead line shall be at least seven days to the scheduled date of elections. 8) The returning officer shall within 24 hours publish the names of all validly nominated candidates and those whose nomination is invalid and reasons therefore. The notice shall announce the commencement of the campaigns, which shall last not later than the midnight on the eve of the Election Day. 9) A candidate validly nominated may withdraw his candidature by a written notice of the withdrawal signed by him and attested by three witnesses one of whom shall be persons mentioned under Article 17(6) above, and delivered to the Electoral Commission through the Returning Officer. 10) On the day of elections, the Returning Officer and the polling clerks shall invite candidates and their agents to inspect the nature and status of the ballot boxes. The sealing and unsealing shall be done in their presence. 11) Only the Returning Officer, the polling clerks, the candidates and/or their agents shall attend the counting of the ballot papers. 12) The Returning Officer shall announce the results at the completion of the counting and shall order a recount in the case of a tie. He/she may order a recount upon request by a candidate. 13) The Electoral Commission shall make the decision as to what shall be regarded as a spoilt vote by simple majority system. Such a decision shall be final. 14) The Returning Officer shall publish the results of the election not later than 24 hours upon completion of the counting. 15) All appeals arising from the elections shall be referred to the Elections Appeals Tribunal (EAT) established under Article 18 16) The Electoral Commission shall not dissolve until such time as may be determined by the Election Appeals Tribunal.
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Article 18; 1) There is here established an Elections Appeals Tribunal under the Society. The Council shall make rules of procedure to guide the operations of the Elections Appeals Tribunal.
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Article 19; Where a seat falls vacant by reason of provisions of article 8(7) and Article 27; a by-election shall be held within 5 weeks of the vacancy falling. PROVIDED; that where a seat falls vacant utmost three months to the next general elections a by-election shall not be held and instead; a) For the posts of Chairperson and Secretary General, the Vice-Chairperson and the Organising Secretary shall hold office in an acting capacity respectively. b) With respect to other posts, Council shall appoint a replacement from amongst the nominated members. c) Whenever a vote of no confidence is taken against the entire Council, a by-election shall be held not later than 21 days after the dissolution. The Elections Appeals Tribunal established under Article 19 shall form a caretaker committee to perform the activities of the Council until a new Council is elected into office.
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PART SIX: MEETINGS |
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Article 20; The Council shall hold meetings at least twice a month and at any other time as the council may deem necessary; a) The quorum for any Council meeting shall be five members. b) A decision of the Council meeting shall be by an open vote, simple majority and in case of a tie; the Chairperson shall cast the deciding vote. c) A Council member, who misses three consecutive meetings without prior permission from the Secretary General, shall be censured by the council and may be subjected to disciplinary action and, subject to Article 20, a vote of no confidence. |
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Article 21; 1) The Annual General Meeting (A.G.M) shall be held on the day of swearing in of the new Council. 2) Notice in writing of such meetings stating the agenda of the meeting shall be brought to all members not later than 14 days to the date of the meeting, and where practicable, the foregoing may be made by press advertisement. 3) The agenda for an A.G.M shall consist of the following; a) Confirmation of the minutes of the previous general meeting. b) Consideration of the accounts. c) Appointment of the auditor. d) Such other matter as the council may decide and for which the Secretary General shall give notice in writing. e) Any other business. 4) The quorum for any A.G.M shall be one third of the members of the Society. |
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Article 22; 1) Any Special general Meting may be called to address matters which the Congress shall consider to be of great concern to members and which is/are urgent. 2) Notice in writing of such a meeting shall be brought to members by the Speaker. |
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Procedure at meetings |
Article 23; Congress shall make procedures to be followed during both the Annual General Meeting and the Special general Meetings. |
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PART SEVEN:FINANCES |
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Article 24; 1) The financial year of the Society shall correspond to the term of the council. 2) All monies and funds shall be received by and paid to the treasurer and shall be deposited by him in the name of the Society in any bank(s) approved by the council, 3) The Society may obtain funds from the following sources; a) Membership and Subscription fees if applicable. b) Kenyatta University administration. c) Friends and well-wishers of the Society. d) Any other means approved by the Council 4) The funds of the Society may be used for the following purposes; a) To supplement student legal research b) Organising students legal, academic and social activities c) Financing students’ legal publications d) Financing the council’s stationery and miscellaneous expenses that are reasonably incidental to the running of the Society. e) The COUNCIL expenditure. PROVIDED, that all bank transactions shall be by approval of the Council. Provided further that the signatories shall not withdraw amounts above Kshs.50, 000 without the counter signature of the third signatory being the Senior Assistant Registrar based at the Faculty of Law 5) The Treasurer may keep a sum not exceeding Ksh. 10,000.00 for petty disbursements of which proper accounts shall be kept. 6) Such accounts shall be open for auditing and inspection.
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Auditor. |
Article 25;
1) The Society shall have an auditor appointed at a General Meeting and who shall not be a member of the Society. 2) The auditor shall serve for a single term of one year, which shall be renewable, subject to an Annual General Meeting resolution. 3) A copy of the auditors report on the accounts and statements shall be published at least seven days before the date of the Annual General Meeting. 4)An auditor may be paid such honorarium as maybe resolved by the Council.
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PART EIGHT:VOTE OF NO CONFIDENCE AND DISSOLUTION |
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Vote of no confidence |
Article 26; 1) Whenever members of the society are dissatisfied by the performance or conduct of an officer of the council or the whole council, they shall collect names, registration numbers and signatures of at least one third of the members of every class in session where there are at least three classes in session or two thirds where only two classes are in session. 2) Such names and an annexed application shall be submitted to the Speaker petitioning him to summon a Special General Meeting or if the Annual General Meeting is ordinarily to be held within a month of the application, asking him to serve the Secretary General with the application to be included in the agenda. 3) A vote shall be taken during the meeting and if at least two thirds of members vote for the application, the officer or Council in respect of which the vote is taken shall vacate the office or dissolve accordingly. Provided that where seven out of the eight Council members pass a resolution of no confidence in any one of the Council members, Congress shall, by a vote supported by two thirds of its members, declare the office in respect of whose holder such a resolution has been passed vacant. Subject to Article 19 a by-election shall be held to fill the office(s) left vacant by reason of the vote. |
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Dissolution |
Article 27; The Society shall not be dissolved except by a resolution passed by an Annual General Meeting by a vote of at least three fourths of the members of the Society. PROVIDED however, that no dissolution shall come into effect without prior consent or the registrar. |
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Amendments. |
Article 28; 1) Whenever there is sufficient reason to amend this constitution, the member(s) seeking the amendment shall serve the Chairperson with a written notice of the proposed amendment and the Secretary-General shall submit the same to the Council. 2) The Speaker shall thereupon table the motion in Congress for debate. 3) Congress shall pass the motion by two-thirds majority and subject the same to referendum. 4) The amendment shall be considered passed when voted for by two-thirds majority of the members. 5) The Council shall submit a copy of the amendment to the Registrar of Societies.
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PART NINE:MISCELLENEOUS AND TRANSITIONAL CLAUSES |
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Code of regulations |
Article 29; 1) Members of the society shall conduct themselves in accordance with the highest standards of integrity, personal discipline and morality and shall refrain from any conduct that may bring the society into public odium or disfavour. 2) Members shall carry themselves in all places and forums with humility and dignity as befits the status of one learned in the law. 3) A member shall not without the authority of the council make external correspondence purporting to be speaking for the society. 4) A member shall not solicit and use funds or resources from within or without in the name of the society without the approval of the council. 5) A member shall not use his position in the society to unlawfully enrich himself or engage in activities or deals against the general interests of the society
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Headquarters and branches |
Article 30 1) The headquarters of the Society shall be based at the Faculty of Law Kenyatta University. Subject to the laws of Kenya, the Society may open such branches as may be necessary for the fulfilment of the objectives of the Society |
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