KAPTAMA ELDERS FORUM
CONSTITUTION
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1. NAME
The name of the organization shall be KAPTAMA ELDERS FORUM.
2. PURPOSE OF THIS CONSTITUTION
The purpose of this constitution is to form a legal organisation, being:
A not-for-profit organisation;
Based within Kaptama Ward, hereinafter referred to as the ‘Organization’;
Which is located in Bungoma County, Mt. Elgon Subcounty, Kaptama ward, hereinafter referred to as
‘Kaptama ward;
3. OBJECTIVES.
3.1. To carry out cultural/ traditional activities
3.2. To empower youth, women and people with disabilities economically.
3.3. To advocate for environmental protection and conservation.
3.4. To formulate projects that benefit the community.
3.5. To co-operate and assist projects, undertake capital investment programs.
3.6. To organize and carry out charity work on the less fortunate people in our
communities.
3.7. To educate the community on social economic and life skills activities.
3.8. To carry out income generating projects for the members.
4. POWERS OF THE CBO.
4.1. The organization can raise and conduct appeals for money and accept subscriptions
and donation to promote its aims and objectives.
4.2. The organization can purchase, take on lease, hire or otherwise acquire any real or
personal property and can maintain and alter or modify any building structure under
the CBO’s management for purpose of the organization use.
4.3. The organization, if need be can employ full and or part time staff to fulfill the aims
and objectives of the organization.
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4.4. The organization can hold meetings, academic crusades, classes, training, lectures,
seminars and workshop exhibitions.
4.5. The organization can join, lease with, establish or assist other organizations having
similar aims and objectives.
4.6. The organization can publish books, reports, newspapers, leaflets and other
documents of the organization.
4.7. The organization can hold bank accounts and in the name of the organization and
make such payments as are necessary.
4.8. The organization can do all such other lawful things as are necessary and may be
incidental to the furtherance of the organization’s objectives.
PART II
5. MEMBERSHIP AND MEMBERS’ ELIGIBILITY.
5.1. The organization is an open organization and the members are derived from Kaptama
Ward either by birth, or domiciled through dependence or have their permanent
residence at Kaptama, and the member must be willing to help achieve the CBO’s
objectives, is of good character and is known by at least 5 members of the
Organization.
5.2. Upon payment of non-refundable registration fees of Ksh 500 (Kenya shilling five
hundred only) Membership is open to a member who has satisfied the conditions set
out in sub-clause (5.1) above.
6. RIGHTS OF MEMBERS.
Members shall;
1) Elect and be elected to the organs of the Organization subject to The CBO’s Constitution.
2) Enjoy the use of all facilities and services of the Organization subject to this constitution
3) Receive periodically and regularly or upon request a statement of account in respect of his/her
transaction with the Organization
4) Access all legitimate information relating to the Organization including internal regulation, minutes,
accounts inventories and investigation report
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5) Vote on all matters put before a general meeting of the Organization.
6) All other rights prescribed by the rules of the Organization.
7. MEMBERS’ OBLIGATIONS.
1. Observe and comply with the organization’s constitution and decisions taken by the organs of the
organization in accordance with this constitution
2. Pay up contributions and any other payments as provided by this constitution
3. Support projects carried out by the organization, which are approved by the relevant authority.
8. CEASATION OF MEMBERSHIP
8.1. A person shall cease to be a member of the organization through the following ways:
a. Death of member
b. Withdrawing from membership subject to sub article 8.3
c. Unable to uphold with the regulations
d. Expulsion from the Organization
8.2. A member with no liability or outstanding obligation in respect of other member funds
or loans (debts) may withdraw membership at any time and shall give a notice of
sixty days
8.3. A member who wishes to withdraw but has a pending liabilities in forms of a debt owed
to the organization shall have his/her share of funds in the organization used to settle
the debt before any refunds
9. SUSPENSION FROM MEMBERSHIP
The organization may suspend a member who;
a) Willfully fails or fails to comply with the organization’s constitution
b) Willfully defaults in contribution and payments
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c) Convicted of criminal offences
d) Act in anyway detrimental or prejudicial to the interest of the Organization
e) Any other reason approved by an AGM or may be contained in the code of ethics of the Organization.
10. RESTORATION OF MEMBERSHIP.
1. Membership of a member may be restored after payment of dues and approval by the governing
Committee.
2. In certain cases, the governing Committee may if it is satisfied to restore its membership after
assurance by the member that he/she shall not work against the interest of the organization.
11. SOURCES OF ORGANISATION FUNDS.
11.1. The following shall be the sources of the organization’s fund
a. registration fee
b. Members contribution
c. Any surplus resulting from the Organization operations
d. Donations/grants.
e. Loans from financial institutions.
11.2. All Organization funds shall be kept in the Organization’s bank accounts.
12. SIGNATORIES TO THE BANK ACCOUNTS.
12.1. The signatories to the organization’s bank account will be as follows;
a) Members from the elected office bearers i.e. the chairman, the secretary or the
treasurer.
12.2. Any of the two can sign in an event of any transaction on the bank account.
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13. REFUNDS.
13.1. Withdrawal, expulsion or termination of membership shall not exonerate a member
from existing personal or membership liability.
13.2. This being a non-profit organization, a member who withdraws or otherwise expelled
from the Organization shall not be refunded any amounts.
13.3. Notwithstanding article 13.2 above a member shall be refunded any amounts
advanced to the CBO either through loans or any other legal means and is due at the
time of the members exit from the group. Such amount shall be paid after
deductions of any debts owed by him/her to the Organization as a borrower or other
sums held by the Organization on his/her behalf and subject to Article 8.3
PART III
14. GOVERNING BODY
14.1. The organization shall be governed by a committee elected according to the
provisions of this constitution.
14.2. The committee shall consist of 7 persons covering the following posts
a. The chairperson of the committee
b. The vice chairperson
c. The secretary to the committee
d. The treasurer to the committee
e. The organizing secretary to the organization
f. Two members of the committee
15. DUTIES OF THE COMMITTEE
15.1. Shall uphold the constitution.
15.2. Shall represent the organization in all matters and execute the policy and decision of
the Organization.
15.3. Shall invite, nominate, accept, suspend, dismiss or restore the membership of the
person(s) according to the provisions of membership in the constitution.
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15.4. Shall approve progress reports.
15.5. Shall nominate any member(s) to fill the vacancy left by office bearers.
15.6. Shall approve reports, audited accounts and present them to the Organization for
approval.
15.7. It shall fix date, time and place for holding general meeting as and when due.
15.8. Shall maintain a register of members and up- date it.
15.9. Shall make rules which shall be used addressing and effecting the organizations
policies.
16. ELECTION AND DUTIES OF THE OFFICE BEARERS
16.1. CHAIRMAN
a) The chairman shall be elected by registered members from among the registered members and whose
overall performance to the organizations activities is up to date and with specific regards to his/her
financial record and attendance record to the Organization meetings
b) The chairman will preside over all the meetings unless prevented by illness or other sufficient cause.
16.2. SECRETARY.
a) The eligibility for an election to the office of the Secretary to the committee shall be the same as that of the
chairman.
The secretary’s duties shall be
a. Records all the Organization’s correspondence
b. Reads the previous minutes
c. File all records.
16.3. ORGANIZING SECRETARY.
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a) The organizing secretary shall be responsible for the coordination of the organizations activities which
are aimed at fulfilling the objectives of the organization
b) The Organizing Secretary will assist the secretary and coordinate all the activities as will be assigned
from time to time.
c) Will perform all the duties of the secretary in his/her absence.
16.4. TREASURER.
The treasurer shall receive and also disburse, under the directions of the committee, all monies, belonging to
the Organization and shall issue receipt for all monies on behalf of the organization and also ensure to the
members that proper books of accounts of all monies received and paid by the organization are written up,
preserved and available for inspection.
PART IV
17. MEETINGS.
17.1. MEETING OF THE MEMBERS
a) The members shall be having a meetings in the months of April, August and December
b) If a member fails to attend two consecutive meetings without apologies, he/she can be expelled from the
Organization unless due to special cases which may be allowed by the Committee
c) All scheduled meetings should start at a time which shall be determined by the Committee. Arrival after
thirty minutes into the meeting attracts a penalty of Ksh 50. Absence without valid reason will attract a
penalty of Ksh100.
d) However, the committee shall have the power to call a meeting at any time of the year should there be
compelling reasons to do so.
17.2. MEETINGS OF THE COMMITTEE
a. The committee shall have meetings at the times which they themselves shall determine subject to clause
17.2 (b)
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b. The committee must ensure that they meet at least once in two months and give a report of their
meetings in the Quarterly meetings of the members
17.3. ANNUAL GENERAL MEETING (AGM)
An AGM will be held once a year at a date set by the committee. The treasurer will give statements of
accounts to the organization.
Other General Meetings
Other General Meetings of the Community (“General Meetings”) will be convened at the
request of:
any Member of the CBO;
any ten (10) individual members of the CBO.
Any General Meeting other than the Annual General Meeting will be convened on not less
than fourteen (14) days written notice to the members of the CBO and such notice will in
broad terms advise them of the business to be attended to at the meeting.
Resolutions, Voting and Powers at Annual and General Meetings
At the Annual General Meeting and all other General Meetings, a resolution put to the vote
of a meeting will be decided by a majority decision of the members of the CBO present at the
meeting.
A quorum to constitute an Annual General Meeting or other General Meeting of the CBO
will be 2/3 of the members of the CBO.
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A properly announced Annual General Meeting or other General Meeting of the members of
the committee, at which a quorum is present, will be able to exercise all or any of the
powers, authorities and discretion of the members of the organization as set out in this
Constitution. Any general meeting shall be chaired by the chairperson or vice chair, in case of
their absence members shall appoint any other member to chair the meeting by decision of
those present.
Procedure to be followed at CBO Meetings
The CBO has the power to conduct its meetings and perform all other necessary functions
provided that:
The Chairperson may at any time convene a meeting of the CBO and will have to do so if
called upon by any two (2) Members of the CBO.
The quorum necessary for decisions of the CBO shall be by simple majority of Members.
At meetings of the CBO, each Member shall have one (1) vote.
Questions arising will be decided by a majority of votes and in the event of an equality of
votes the Chairperson will have a second or casting vote.
Proper minutes of the proceedings and a record of all persons present at each meeting of
the CBO will be kept. The minutes will be signed by the Chairperson, or deputy, and will be
available at all times for inspection or copying by any member of the organization.
A resolution signed by all the Members of the CBO will be as valid as one passed at a duly
convened meeting of the CBO.
The CBO may delegate any of its powers to a CBO Member, a subcommittee of the CBO, to a
special purpose committee, or to a competent employee whenever appropriate. This
Member, employee or Committee will, exercise his or her functions, according to any
regulations and procedures that may be required by the CBO.
PART V
18. CONTRIBUTIONS.
1. Nonrefundable registration fee of Ksh 500 paid once.
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2. Members shall contribute a quarterly fee of Ksh 1000.
3. If there will be any deficit in carrying out the organizations duties, the Organization through the
committee may arrange for a funds drive or engage the members in a contribution to meet the
organization’s demand.
Finances of the CBO
The funds of the CBO, which includes all capital and accrued income to be administered by the CBO (the
‘Funds’), may be increased with donations, assets and/or property from any source.
The financial year of the CBO shall be from the first day of January to the last day of December.
Powers and Authorities of the CBO
The CBO will have all the power and authority necessary and appropriate to effectively administer the
CBO and promote its objects and purposes, subject to the provisions of this Constitution, including the
following:
Call General Meetings
To decide when General Meetings should be called, and the business of such meetings.
Property and Assets
To obtain or administer property or assets of the CBO for the benefit of the CBO.
Finances and Fundraising
To seek and accept donations and contributions for the CBO
To borrow monies for the purposes of the objectives of the CBO and in the best interest of the
members, on terms and conditions that the CBO deems appropriate, provided that:
a ward has given authority for all such loans;
a resolution has been passed at a meeting of the CBO at which not less than two thirds of the
Members of the CBO are present.
To spend the Funds of the CBO in undertaking projects for the organisation provided that the projects
fall within the objects of the CBO. In applying the Funds and undertaking projects for the members, the
CBO will at all times consider the wishes and needs of the members, as expressed democratically at
meetings of members of the organization.
To open a bank account and to invest all funds not immediately required.
To pay any amount as the CBO considers necessary to meet its objectives.
If necessary, to take legal steps to recover monies owing to the CBO by the members or other persons
or bodies.
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To appoint an auditor if required.
Contracts and Partnerships
To join with other bodies having the same or similar objectives as the CBO and can enter into
partnerships or joint ventures to achieve the objectives of the CBO.
To enter into contracts that are in the overall interests of the organization.
In consultation with the members, to decide on the policy and criteria for awarding contracts for items
and services financed by the Funds.
Subject to provisions set out above, to appoint agents, contractors and consultants to provide specialist
advice and support.
Employ Staff
To employ staff as the CBO considers necessary to perform the CBO’s functions under this constitution,
and to terminate employment contracts. The appointment of employees or any change in their
conditions of service must
be approved by resolution of the CBO. All employees of the CBO will remain in office despite any
change in the composition and membership of the CBO.
Duties and Obligations of the CBO
In undertaking its duties the CBO shall take the following into account:
the availability of resources;
the need for an equitable allocation of resources to all organization members in Kaptama ward;
the need to regulate access to the services in an equitable way;
the nature, topography, zoning and situation of the Service Area;
the right of the CBO to recommend limitation or discontinuity of provision of services;
the need to ensure that procedures for limiting or discontinuing services provided by the CBO to
any organization member within Kaptama ward on a fair and equitable basis;
that the CBO may not unreasonably exclude organization member from access to services
provided by the CBO.
The CBO will have the duties and obligations described below:
To comply with the.
To deposit on receipt all monies in a suitable account opened in the name of the CBO, with a registered
Bank or Building Society, which falls within the definition of a Financial Institution as defined in the
Financial Institutions (Investment of Funds) Act No.1 of 1984.
To ensure that the assets and Funds of the CBO shall be utilised solely in the furtherance of the CBO’s
objectives.
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To compile budgets for the CBO to be approved at a General Meeting.
To ensure that no funds are paid or transferred, directly or indirectly to any of the members of the CBO
by way of profit distribution. However, the CBO may make payment in good faith to any person
(including a member) of reasonable remuneration for services actually rendered to the CBO and
reimbursement of actual costs, expenses and commitments reasonably incurred on behalf of the CBO.
To keep the members informed about all funds received, on a regular basis and on request for
information by the organization.
To present the annual financial statement of the CBO for the preceding financial year at the Annual
General Meeting of the CBO, including the full details of:
all income received;
any remuneration paid by the CBO to Members and employees of the CBO;
the balance of funds within the CBO at the end of the financial year.
To submit the annual financial statement and all financial records for an independent review if required
by either the Financer or two thirds of the members present at the Annual General Meeting.
To present the annual report of the CBO at the Annual General Meeting,shall include the full details of:
all projects undertaken and related progress;
all services provided to the organization;
benefits from the projects and/or services.
To keep good records of all operations and activities being carried out with the Funds and to ensure
that the records are available for inspection by any member of the organization for a period of at least
three (3) years.
To furnish members with information reasonably requested with regard to the progress of projects or
provision of services undertaken by the CBO and the general status of the Funds of the CBO.
To plan, manage and maintain work carried out within the context of any project, provided that the
organization is consulted in this regard when necessary.
Indemnity
The CBO will pay all costs and expenses, which any such person may incur through a contract or deed
done in the discharge in good faith of his or her duties on behalf of the CBO.
Members of the CBO or other office bearers of the CBO will only be liable for loss or damage occurring
in the execution of his or her duties if it arises as result of dishonesty, or the failure to exercise the
degree of care, diligence and skill required by law.
No Member of the CBO will be liable for the acts, receipts, neglects or defaults of any other Member or
office bearer.
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CBO Discretion
Where discretion (freedom to act or decide) is given to the CBO in this Constitution, such discretion will
be complete and absolute; provided that the CBO acts in the overall interests of the CBO and in line
with the stated objectives of the CBO.
Signatures
All cheques, promissory notes, and other documents requiring signatures on behalf of the CBO, will be
signed by two (2) Members of the CBO one (1) of whom must be the Treasurer or his/her delegate.
Legal Personality
The CBO will have a legal personality, perpetual succession (it will continue to operate when the
Members change) and may sue or be sued in its own name.
PART VI
19. ELECTIONS.
19.1. Elections to be held at AGM or a SGM
19.2. A member shall be elected by two third majority. The elections shall be presided over
by the government officer : chief or officer from the ministry of labour and social
protection.
19.3. Elected officials shall hold office for three years and maximum of two terms.
PART VII
20. DISOLVING THE ORGANISATION
The Organization can be dissolved by three quarter majority agreement after the Organization accounts are
consensually settled.
21. TRANSITIONAL PROVISIONS
21.1. This constitution shall come into effect on the date and as at the time of the signing of
the declaration clause
21.2. The committee stipulated under Part III shall commence their duties as at the time
when this constitution comes into effect.
21.3. The contributions under part V shall be made after the coming to effect of this
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constitution
21.3.1. In case of any contribution made before the time this constitution comes into effect,
the contribution shall be taken to have been made after the effective date
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22. AMMENDMENTS TO THIS CONSTITUTION
22.1. Institution of an amendment
Any member can institute a claim for an amendment of this constitution. Such claim shall be made to
the committee or in an AGM or in a SGM.
22.2. Procedural requirements
After a claim for an amendment has been deposited, the executive shall deliberate on the claim and
approve it.
After approval, the executive shall call either an SGM or an AGM and all members shall discuss on the
proposed amendment.
An amendment shall only be done if supported by more than two-thirds of the registered members.
DECLARATION.
This document has been formulated and agreed upon by all members of Kaptama Elders Forum. It will be the
authoritative guidance on the running of the Organization affairs.
Chairman-------------------- -------------------Sign-----------------Date-----------------
Secretary------------------------------------------Sign-----------------Date----------------
Official Member-------------------------------Sign----------------Date------------------
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