CONSTITUTION
FOR
DISHOMBI ENTERPRESES
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1. NAME
The name of the CBO shall be:
DISHOMBI ENTERPRESES.
2. OBJECTIVES
a) Our Organization shall be non-political .
b) The organization main activities are
i) Entrepreneurship
ii) Empowering our membership economically
iii) Real Estate activties
iv) Research
v) Horticultural farming (but not limited)
vi) Voluntary community work
3. MEMBERSHIP
(a) Any person over the age of eighteen years shall be eligible for membership of the
organization and shall, subject to the approval of the committee, become a member a
member on payment of an entrance fee of SHS 200/=.
(b) Every member shall pay a monthly subscription of SHS 100/= not later than the 15th day
of each month.
(c) Any member desiring to resign from the organization shall submit his resignation to the
secretary, which shall take effect from the date of receipt by the secretary of such notice.
(d) Any member may be expelled from membership if the committee so recommends
present that such a member should be expelled on the ground that his conduct has
adversely affected the reputation or dignity of the organization, or that he has
contravened any of the provisions of the constitutions of the organization. The
committee shall have power to suspend a member from his membership until the
next general meeting of the organization following such suspension but
notwithstanding such suspension a member whose expulsion is proposed shall have the
right to address the general meeting at which his expulsion is to be considered.
(e) Any person who resigns or is removed from membership shall not be entitled to a refund
of his subscription or any part thereof or any moneys contributed by him at any time.
(f) Any member who falls into arrears with his monthly subscription for more than six
months shall automatically cease to be a member of the organization and his name shall
be struck off the register of members. The committee may, however, at its discretion,
reinstate such member on payment of the total amount of subscription outstanding.
4. OFFICE BEARERS.
5. The office bearer of the organization shall be-
(i) The Chairperson
(ii) The Vice- Chairperson
(iii) The Secretary
(iv) The Assistant Secretary
(v) The Treasurer
All of whom shall be members of the organization and shall be elected at the annual general
meeting to be held in each year. (See also rule 6 of (b) below)
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(b) All office bearers shall hold office from the date of election until the succeeding annual
general meeting subject to the conditions contained in sub-paragraphs (c) and (d) of this rule but
shall be eligible for re-election.
(c) Any office bearer who ceases to be a member of the organization shall automatically cease
to be an office bearer thereof.
(d) Office bearers may be removed from office in the way as is laid down for the
expulsion of members in rule 3 (d) and vacancies thus created shall be filled by persons elected
at the general meeting resolving the expulsion.
5. DUTIES OF OFFICE BEARERS.
(a) Chairperson – The chairperson shall, unless prevented by illness or other sufficient
cause presides over all meetings of the committee and at all general meetings.
(b) Vice-Chairperson – The Vice-Chairperson shall perform any duties of the Chairperson
in his absence
(c) Secretary – The secretary shall deal with all the correspondence of the organization under
the general supervision of the committee. In cases of urgent matters, where’re the committee
cannot be consulted, she shall consult the Chairperson or she is not available, the Vice-
Chairperson.
The decisions reached shall be subject to ratification or otherwise at the next committee meeting.
She shall issue notices convening all meeting of the committee and all general meetings of the
Organizations and shall be responsible for keeping minutes of all such meetings and for the
preservation of all records or proceedings of the organizations and of the committee.
(d) Assistant Secretary – In the absence of the secretary , the Assistant Secretary shall
perform all the duties of the secretary and such other duties as shall be assigned to her by the
secretary or committee whether the secretary is present or not.
(e) Treasurer- The Treasurer shall receive and shall also disburse, under the directions of the
committee, all moneys belonging to the Organizations and shall issue receipts for all moneys
received by her and preserve vouchers for all moneys paid by her. The Treasurer is responsible
to the committee and to the members that proper books of account of all moneys received and
paid by the organizations are written up, preserved and available for inspections.
6. THE COMMITEEE
(a) The committee shall consists of all the office bearers of the organization and other
members elected at the annual general meeting in each year, such committee members
shall hold office until the following annual meeting . The committee shall meet at such
times and places as it shall resolve but shall meet not less than once in any three months.
(b) Any casual vacancies for members of the committee caused by death or resignation
shall be filled by the committee until the next annual general meeting of the organization.
Vacancies caused by members of the committee removed from office will be dealt with
as shown in rule 4 (d).
7. DUTIES FO THE COMMITTEE.
(a) The committee shall be responsible for the management of the organization and for
that purpose may give directions to the office bearers as to the manner in which,
within the law, they shall perform their duties. The committee shall have power to
appoint such –committees as it may deem desirable to make reports to the committee
upon which such action shall be taken as seems to the committee desirable.
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(b) All money disbursed on behalf of the organization shall be authorized by the
committee expect as specified in rule 12 (d).
(c) The quorum for meeting of the committee shall be not less than 1/3 members
8. GENERAL MEETINGS.
(a) There shall be two classes of meetings- annual general meetings and monthly
meetings.
(b) (i) The annual general meeting shall be held not late than November in each year.
Notice in writing of such annual general meeting, accompanied by the annual
statement of account (see rule 11(b (and the agenda for the meeting shall be sent to all
members not less than 21 days) before the date of the meeting, and where practical
not less than 14 days before the date of the meeting. After every three (3) years
election will be held to elect new office bearers.
(ii) The agenda for any meeting shall consist of the following.
(a) Confirmation of the minutes of the previous meeting
(b) Consideration of the accounts.
(c) Election of office bearers and the committee members (and trustees where
necessary in accordance with rule 10 (c )
(d) Appointment of auditors in accordance with rule 11 (a)
(e) Such other matters as the committee decide or as to which notice shall have
been given in writing by a member or members tot eh secretary at least four
weeks before the ate of the meeting.
(f) Any other business with the approval of the Chairperson.
(c ) A special meeting may be called for any specific purpose by the committee . Notice in
writing of such meeting shall be sent be sent to all members not less than 7 days before the
date thereof and where practicable not less than 7 days before the date of such meeting.
(d) A special meeting may also be requisitioned for a specific purpose by order in
writing to the secretary of not less than three quarters of members and such meetings
shall be held with 21 days of the date of the requisition. The notice for such meeting
shall be as shown in rule 8(c ) and no matter shall be discussed other than that state
in the requisition.
(e) Quorum for meeting shall be not less than two third of the registered members of the
organization.
9. PROCEDURE AT MEETING
(a) At all meetings of the organization the Chairperson, or in his absence, the Vice-
Chairperson, or in the absence of both these officers, a member selected by the meeting
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) Resolution shall be decided by majority voting by a secret ballot. In the case of equality
of votes, the Chairperson shall have a second or casting vote.
10. TRUSTEES
(a) All land, buildings and other immovable property and all investments and securities
which shall be acquired by the organization shall be vested in the names of organization
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trustees, who shall be members of the organization and shall be appointed at an annual
general meeting for a period of three years. On retirement such trustees shall be
eligible for re-election.
A general meeting shall have the power the power to remove any of trustees and all
vacancies occurring by removal , resignation or death, shall be filled at the same or
next general meeting.
(b) The trustees shall pay all income received from property vested in the trustees to the
Treasure. Any expenditure in respect of such property which in the opinion of the
trustees is necessary or desirable shall be reported by the trustees to the committee which
shall authorize expenditure of such money as it think fit.
11. AUDITOR
(a) An auditor shall be appointed of the following year by the annual general meting. All the
organization’s account, records and documents shall be opened to the inspection of the
auditor at any time. The Treasurer shall produce an account for receipts and payments
and 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 general meeting.
The auditor shall examine such annual a accounts and statements and either clarify
that they not correct, duly vouched and in accordance with the law or report to the
organization in what respect they are found to be incorrect , unvouched or not in
accordance with the law.
(b) 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. An auditor may be paid such
honorarium for his/her duties as may be resolved by the annual general meeting
appointed him/her.
(c) No auditor shall be an office bearer or a member of the committee of the organization
12. FUNDS.
(a) All money and funds shall be received by and paid to the Treasurer and shall be
deposited by his/ her in the name of the organization in any bank or banks approved
by the committee.
(b) No payments shall be made out of the bank account without a resolution of the
committee authorizing such payment and all cheques on such bank account shall
be signed by the Treasurer and two other office bearers of the organization who
shall be appointed by the committee.
(c) A sum not exceeding Sh.1000 may be kept by the Treasurer for petty disbursements
of which proper account shall be kept.
(d) The commitment shall have power to suspend any office bearer who it has
reasonable cause to believe is not properly accounting for nay of the funds or
property of the organization and shall have power to appoint another person in his
place . Such suspension shall be reported to a meeting to be convened on a ate not
alter than two months from the date of such suspension and he meeting shall have
full power to decide what further action should be taken in the matter.
(e) The financial year of the organization shall be from 1st January to 31st December.
13. AMENDEMENTS OF THE CONSTITUTION.
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Amendments to the constitution of the organization must be approved by at least a two-
thirds majority of members at a general meeting of the Organization. They cannot,
however, be implemented without the prior in writing to the Registrar, obtained upon
application to him/her made in writing and signed by three of the office bearers.
14. DISSOLUTION
(a) The organization shall not be dissolved except by a resolution passed at a general
meeting of members by a vote of two-thirds of the members. The quorum at the meeting
shall be as shown in rule 8 (e). If no quorum is obtained, the proposal to dissolve the
organization shall be submitted to a further meeting which shall be held one month later.
Notice of this meeting shall be given to all members of the organization at least 14 days
before the date of the meeting.
(b) Provided, however, that no dissolution shall be affected without prior permission in
writing of the Registrar, obtained upon application to him/her made in writing and
signed by three of the office bearers.
(c) When the dissolution of the organization has been approved by the Registrar, no further
action shall be taken by the committee or any office bearer of the organization in
connection with the aims of the organization other than to get in an liquidate for cash
all the assets of the organization . Subject to the payment of all the debts of the
organization, the balance there of shall be distributed in such other divided among
members each getting his/her share.
15. INSPECTION OF ACOUNT AND LIST OF MEMBERS
The books of account and all documents relating thereto and a list of member of the
organization shall be available for inspection at the registered office of the organization
by any officer or member of the organization on giving not less than seven days notice in
writing to the organization. Also the government and donors have all the rights to inspect
the organizations account as provided by the law.
Chairman…………………………………………………… sign……………………….. Date……………………
Secretary……………………………………………………. sign……………………….. Date………………….
Treasurer …………………………………………………… sign……………………….. Date……………………
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