from Association KenyansinRwanda
Dear All,
Kindly find attached a copy of the constitutition which was approved by members on 16th July 2011. Please read the document especially if you want to serve AKR in a official capacity because it is our fall back when things are not clear.
The election were set to 6th August. The procedures will be clarified by the newly formed elections committee according to the new constitution.
Thanks
John Kamwengu
Acting Chair
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ASSOCIATION OF KENYANS IN RWANDA (AKR)
CONSTITUTION AND BY LAWS
June 2011
Notes on this Constitution
Included:
Clear guidelines about what happens when an Executive Committee is not operating properly.
Clear guidelines about responsibilities of the Executive Committee .
Clear guidelines about duties and responsibilities of the officers of exc com.
Changes in the compostion of the executive committee.
Clear guidelines on membership , dues and cessation of membership.
ARTICLES OF THE CONSTITUTION
1. Name, Mission Statement, Vision, Purpose, and Objectives
2. Jurisdiction
3. Membership
4. Officers/Executive Committee of Directors
5. Financial Provisions
6. Meetings
7. Bylaws
ARTICLES OF THE BYLAWS
I. Membership
II. Executive Committee
III. The Executive Committee
IV. Election of the Executive Committee
V. Authority
VI. Meetings
VII. Financial Provisions
VIII. Committees
IX. Bylaw Amendments
X. Termination
CONSTITUTION
ARTICLE 1: NAME, MISSION STATEMENT, VISION, PURPOSE AND OBJECTIVES
Section 1: Name
The name of this organization shall be the Association of Kenyans in Rwanda(AKR), hereafter referred to as AKR. AKR shall be a non-profit community based organization.
Section 2: Mission Statement
The mission of AKR is to encourage and foster successful participation and integration of the Kenyans in Rwanda in the educational, social, political, civic, and economic activities of Rwanda. AKR is a welcoming and integrating organization, and will strive to provide the tangible and intangible social infrastructures that are needed to settle and motivate new migrants of Kenyan descent in Rwanda temporarily or permanently.
Section 3: Vision
AKR envisions a society in which all individuals of Kenyan descent, have equitable opportunities to realise their full potential and to participate meaningfully in the building of their careers and personal growth during their stay in Rwanda.
Section 4: Purpose
AKR’s purpose is to provide services to its members and to network with all levels of business, government and with other organizations for the benefit of its members and the community at large.
Section 5: Objectives
To partner with government departments, public and private organizations and agencies in attracting, settling, integrating, and retaining Kenyans in Rwanda.
To support the provision of services that encourage education, social services, civic, political and economic participation of the Kenyan community.
To collaborate with government departments and agencies, public and private organizations and agencies to reduce barriers that hinder the full participation of Kenyans in the development of Rwanda.
To encourage and to promote the participation of people of Kenyan descent in the building of Rwanda through cultural, educational, political and social network and activities.
To generate and maintain a comprehensive database of Kenyan Diaspora that will serve as a resource base for members, organizations, and the general public.
To sustain a collaborative and cooperative relationship with public and private agencies.
ARTICLE 2: JURISDICTION
Section 1: Scope of Opération
The activities of AKR are to be carried on within Rwanda or within such geographical area as the Executive Committee may from time to time define.
AKR office shall be in Kigali.
Section 2: Registered Office
The registered office of AKR shall be
C/O Kenya High Commission Kenya
P.O. Box 6159
KIGALI-RWANDA
ARTICLE 3: MEMBERSHIP
Categories of Membership
Membership will be of three classes; Regular, Corporate and Honorary
ARTICLE 4: OFFICERS/EXECUTIVE COMMITTEE OF DIRECTORS
AKR shall be governed by an Executive Committee of elected members. The governing committee shall be known as The Executive Committee
ARTICLE 5: FINANCIAL PROVISIONS
Section 1: Budget
A detailed budget approved by the Executive Committee shall be presented to the general membership for ratification one month after the AGM.
Section 2: Liability
AKR is not responsible for personal liability or property damage that occurs during the Association activities.
ARTICLE 6: MEETINGS
Regular general membership meetings will be held every month.
ARTICLE 7: BYLAWS
AKR may adopt such bylaws as it deems necessary, and may amend them or set them aside by majority vote of those present and voting with the provision that no such bylaw may contravene this constitution.
BYLAWS
ARTICLE I: MEMBERSHIP
Section 1: Class of Membership
Membership in AKR shall be open to individuals or groups of Kenyan descent as stated in the constitution Article 1. (2) (3) (4) (5) and subscribe to these bylaws.
Membership will be of three classes, Regular, Honorary and Corporate, as stated in the Article 3 of the constitution.
Section 2: Definition of Membership
Regular Membership:
Regular membership is limited to individuals of Kenyan descent and the non-Kenyan spouses and dependents of Kenyan immigrants.
Regular Members in good standing may vote, participate in all general membership activities and join committees.
Regular Members who meet requirements may hold any position on the Executive Committee.
A regular member will maintain membership by attending at least 60% of the general meetings , paying annual membership fee and being fully paid up in all contributions.
Membership will be renewable annually at the AGM.
Honorary Membership:
An individual, not a member of AKR Association, having performed outstanding service for the community of AKR , upon whom this association desires to confer special distinction.
A past member of the association currently not resident in Rwanda whom the executive committee may bestow upon this membership. This member shall not pay monthly subscription fees but may attend meetings and vote on resolutions but shall not be entitled to vie for any office.
Corporate Membership:
Corporate Membership will be extended to:
Groups: registered organizations that meet conditions set in Article I, Section 1 (a) of AKR’s bylaws.
Corporations: Any registered businesses that have met the conditions for corporate membership.
All applications or recommendations for Corporate Membership in AKR shall be submitted to the Executive Committee and approved by a simple majority of members of the Executive Committee .
Corporate Members cannot vote and shall not hold any position on the Executive Committee.
Section 3: Membership Obligations
Every Member is expected to pay annual dues and levies to remain in good standing.
Members should actively participate in AKR events.
Section 4: Dues
Membership dues for Regular and Corporate classes will be set by the Executive Committee and are approved by the community at an annual general meeting of AKR.
All Regular and Corporate Members must complete a membership application form and pay the prescribed dues.
In special cases membership dues for a Regular member may be waived by the Executive Committee. An application for fee waiver must be made to the Executive Committee for consideration.
Section 5: Cessation of Membership
Membership of AKR shall cease if a member fails to pay annual registration fees payable in a year.
Membership of AKR shall cease if a member submits in writing a resignation letter to the Executive Committee (voluntary resignation).
Membership can be revoked on the recommendation of 2/3 of members .
Resignation or revoked membership does not provide relief to any financial obligations the member may owe to AKR prior to cessation of membership.
ARTICLE II: THE EXECUTIVE COMMITTEE
Section 1: The Executive Committee
The Executive Committee shall consist of a maximum of 9 and a minimum 7 elected members.
The entire Executive Committee shall be elected at the AGM
Only members who have paid the full amount of the monthly and annual subscription fees and attended at least 60% of the monthly meetings are electable.
Members of the Executive Committee are volunteers and shall receive no financial compensation from AKR. However they shall be entitled to refunds for all expenses incurred as indicated in a budget approved by members.
If any member of the Executive Committee, for any reason desires to serve AKR in a paid position, he/she must first resign from the Executive Committee , second meet the requirements of the paid position, third compete with external and internal candidates for the paid position.
Section 2: The Executive Committee Membership
Each elected official of the Executive Committee shall serve for a period of one year and shall be eligible for re-election for not more than two consecutive terms.
No vacancy in the The Executive Committee shall be filled by appointment.
In the situation where the entire The Executive Committee is recalled, the functions of the The Executive Committee shall be automatically transferred to a caretaker committee appointed by the Kenya High Commission.
The caretaker committee shall call an AGM for the election of a new The Executive Committee within a period of six weeks from the date of the dissolution of the Executive Committee.
Section 3: Composition of The Executive Committee
The composition of the Executive Committee shall reflect the diversity of AKR and should endeavour to include men, women, youth and minorities whenever possible.
The Executive Committee must be duly elected Regular Members and shall include the Chair of the Executive Committee, Vice Chair, Treasurer, Organising Secretary/ Public Relations Officer, Vice Treasurer, Secretary and 3 regional representatives.
Section 4: Recall of Executive Committee members
Any member of the Executive Committee, who is found to be lacking in his/her performance of the assigned duties shall be removed by majority of votes of the members in good standing at a special meeting of AKR called for that purpose.
In order to recall an Executive Committee member, a meeting must be called through a petition signed by at least 60 regular members in good standing.
Recall will be by majority vote of the regular members in good standing who are present.
The recalled Executive Committee member must return all records, documents or assets of AKR in their possession.
Resignation or recall does not provide relief to any financial obligations the Executive Committee member may owe to AKR prior to cessation of membership.
ARTICLE III: DUTIES OF THE EXECUTIVE COMMITTEE
Section 1: The Chair of The Executive Committee
Presides as chairperson of all General and all Executive Committee meetings.
Functions as the joint official representative of AKR.
Is authorized to affix his or her signature to contracts, obligations and correspondence pertaining to AKR and its policies.
In consultation with the Executive Committee can establish and approve special committees.
Shall serve as an ex-officio advisory member of all committees.
Represent the Association in any related activities that cover the interests of AKR members.
May delegate an existing Executive Committee member to represent the Chair of the Executive Committee if the Vice-Chair is unable to serve in a designated capacity.
Directs and liaises with all paid staff members.
Negotiates with businesses on behalf of AKR.
Shall submit a written report to the Executive Committee before every community meeting.
Section 2: The Vice Chair
In the event of the absence or inability of the Chair of the Executive Committee to serve or function in any of his/her assigned duties, the Vice- Chair shall act in the place of and with the authority and duties of the Chair of the Executive Committee .
Assumes other responsibilities delegated by the Chair of the Executive Committee .
Shall act as the secretary of the corporate chapter of AKR and shall record and note details of all meetings of the Corporate Chapter of AKR.
Section 3 The Organising Secretary and Public Relations Officer
Shall gather, maintain and or disseminate relevant data and information that would benefit AKR and its members, the public and the local community.
Shall identify and solicit eminent individuals and bodies in both private and public sectors for AKR’s activities.
Shall have access to the complete record of all AKR members and shall open and maintain a line of communication with all categories of members.
Shall develop communication and marketing strategies for AKR, work in close consultation with the Chair and other Executive Committee members to promote AKR activities within and outside the community.
Shall submit a written report to the Executive Committee before every community meeting.
Section 4: Treasurer
Shall receive safeguard, and account for funds and other assets in accordance with policies and procedures established by AKR’s Executive Committee and Membership.
Is responsible for all financial records and accounts of AKR.
Pays all bills and obligations approved for payment by the Executive Committee of Directors.
Keeps a true account of all transactions of AKR.
Presents a full financial report at each Executive Committee and Membership meeting.
Arranges for an annual audit of the Association’s receipts and expenditures at the end of the fiscal year.
Maintains a record for member’s dues.
Shall submit a written report to the Executive Committee before every community meeting.
Section 5: Secretary
Keeps accurate minutes of all Membership and Executive Committee meetings.
Shall distribute copies of the Executive Committee minutes to all Executive Committee members prior to next Executive Committee meeting.
Serves as custodian of the minutes and any other records pertaining to AKR
Has responsibility for necessary Executive Committee correspondence.
Keeps membership records up to date and maintains a mailing list of all members, including name, email address, postal and home address, and telephone number.
Shall submit a written report to the Executive Committee before every community meeting.
Section 6: Vice Treasurer
Shall assist the treasurer in his/her duties.
Shall assist the secretary in data entry and validation of membership lists.
Shall collect all monies due from members on behalf of the Treasurer.
Shall keep a single receipt book to be used for collection of membership fees.
Shall assist the treasurer to collect debts and monies owed to the association.
Section 7 : Regional Representative (3)
The association will have 3 regional representatives from the East, West and South provinces. The regional representatives will be appointed by the in- coming executive committee at the AGM. (The incoming chair shall name them as part of his team should he win office.)
Shall represent AKR in the various regions away from Kigali.
Shall collect monies owed to the association from members.
Shall register new members in their respective regions
Shall chair regional meetings of the Association.
Shall attend all meetings of the executive committee and vote on matters arising in meetings.
Shall assist the organising secretary to take minutes at General Meetings of members where the organising secretary may be busy on other matters.
ARTICLE IV: ELECTION OF EXECUTIVE COMMITTEE
Section 1: Nomination
There shall be a nominating / election committee formed on the last Saturday of April of each year.
The committee shall facilitate the election of a new Executive Committee.
Terms of reference for the nominating/election committee shall be recommended by Executive Committee and approved at the meeting forming the committee.
The nominating election committee shall consist of three members in good standing plus a legal officer from the Kenya High Commission.
Shall prepare a slate of officers for the AGM.
Members shall propose a list of officers to the nominating committee for presentation at the AGM.
The nominating committee shall serve as the elections committee at the AGM.
Section 2: Date of elections
The AGM (Election will be at AGM) will be held in the 3rd week of June of each year except for this transitional period of July 2011.
The Executive Committee shall be elected at the annual general meeting (AGM) by secret ballot of all members in good standing present.
Voice vote may not be used to accept a slate as presented.
There will be no nominations from the floor.
Early voting will not be allowed.
Section 3: Elections AGM
Observers will be appointed at the AGM for the voting process.
The voting shall be handled by a credible auditing firm.
The candidate receiving the largest number of votes for each position shall be declared elected by the Nomination/Election Committee.
Rules of Order will be the standard for all elections and meetings.
ARTICLE V: AUTHORITY
Section 1: Authority
The authority of this organization is vested in the members. The Executive Committee acts on behalf of the membership.
Section 2: Authority to make and execute
The Chair of the Executive Committee shall have the authority to make and execute on behalf of AKR, any deed, lease, mortgage or other instrument relating to real and personal property of AKR.
The Executive Committee will have three signatories for its account, The Chair, The Secretary and the Treasurer. All transactions will be signed by the Chair and Treasurer while the Secretary will sign in case of a temporary absence of either the Chair or Treasurer .
Section 3: Meetings of the Executive Committee
The meeting of the Executive Committee shall be held at least monthly.
The Executive Committee shall set the date of their meetings.
Meetings of the AKR Executive Committee of Directors shall be held at least monthly to discuss and conduct routine AKR business.
A quorum to conduct business is 50% of AKR’s Executive Committee.
The Chair of the Executive Committee may call special meetings of the Executive Committee when necessary to discuss and vote on special matters.
Special meetings of the Executive Committee may be called by the Chair, when a written request is received for such a meeting that states the purpose of the meeting and is signed by five (5) Regular Members or by written or oral notice to the Chair from three members of the Executive Committee.
In a situation where the Executive Committee is unable to meet due to lack of quorum for two consecutive scheduled meetings the Organising Secretary is required to call a general meeting of AKR members to resolve the problem through recall or election.
Section 5: Minutes
Minutes of AKR’s Committees and Executive Committee shall be kept as a public document
The Secretary shall keep records of all Executive Committee and general meetings.
Section 6: Notice of Meetings
The Executive Committee members shall be notified at least two (2) working days prior to their meetings.
Section 7: Communication to AKR Members
All official written communication and correspondence to other organisations shall be sent out by the Chair of the association.
All email communication to members shall be sent out by the Organising Secretary .
All sms communication to members shall be sent out by the Organising Secretary
Procedure of communication by email.
Any member of the executive committee shall be able to originate a message to members. This message shall be drafted by the originating party and sent out to all members of the executive committee. The Organising Secretary shall wait for an ‘okay’ response from at least 4 of the seven members of the executive committee one of which will be the chair of the committee .
Any message that will not be approved by the chair of the association shall not be valid to be sent out to members.
Procedure for communication by SMS
Any member of the Executive Commitee shall be able to originate an SMS message to all members. This SMS shall be drafted by the originating party then sent to all members of the executive committee. The Organising Secretary shall wait for an ‘Okay’ response from the Chairman and three other members of the committee before sending the SMS to the general members.
Section 8: Executive Committee Vacancy
If any office in the executive committee shall fall vacant, then this is the order in which the vacancies shall be filled until the next general election .
In the event that the office of the Chair shall fall vacant, then Vice Chair shall automatically succeed.
In the event that the office of the Vice Chair, shall fall vacant, the Organising Secretary & PRO shall automatically succeed.
In the event that the office of the Organising Secretary &PRO shall fall vacant, the Secretary shall automatically succeed.
In the event that the office of the Treasurer shall fall vacant, the Vice Treasurer shall shall automatically succeed.
In absence of both the Treasurer and Vice Treasurer, a by election shall be held within one month to fill the position of treasurer.
For a vacancy in any other position the executive committee shall fill the position from among their ranks.
If the office of the Chair, Vice Chair and Organising Secretary shall fall vacant within the course of the AKR year, then a by election shall be held to fill those positions.
If more than 50% of the offices fall vacant in the course of the AKR year then the remaining Executive Committee shall call for a by election to fill the vacancies.
Voting will be by secret ballot. The voting process will follow the same process as employed in an AGM
ARTICLE VI: MEETINGS
Section 1: General membership meetings
AKR’s general membership shall hold monthly meetings at a time and place designated by AKR’s Executive Committee .
The Executive Committee may call special meetings when it is deemed necessary.
The Executive Committee may also call a special meeting when it has received a written request for such a meeting that states the purpose of the meeting and is signed by twelve Regular Members.
Section 2: Committee meetings
The chair of a committee or program may set up and conduct meetings as necessary to carry out the routine activities of AKR for special projects or standing committee activities.
ARTICLE VII: FINANCIAL PROVISIONS
Section 1: Dues
Dues will be set by the Executive Committee and will run from 1st July to June 30th the following year.
Regular and Corporate Members shall pay annual dues in the amount fixed by the Executive Committee.
All members Coroproate and General shall pay the annual fees and the monthly membership fees in order to remain in good standing.
Section 2: Donations
Donations or grants may be received with the approval of the Executive Committee .
Section 3: Budgeted funds
Each year, the Executive Committee shall set a detailed draft annual budget one month after election .
The annual budget must be presented and ratified by the general membership each year.
Any decision to spend any money in excess of the budgeted amount or a re-allocation, must be approved by the Executive Committee .
Section 4: Audits
An audit firm shall be competitively sourced by the executive team one month after election to audit the association’s books for a period of one year. The term of the audit firm will be renewable depending on the view general membership presented at the AGM.
Audits shall be conducted the professional firm that is competitively; at least twice a year (December) and towards the end of the financial year (April ). The results of the audit shall be presented in the subsequent general meeting or when the general assembly deems necessary.
Section 5: Income
All monies received by AKR and its activities shall be deposited in the name of AKR in an insured banking facility.
Donations or grants may be received with the approval of the Executive Committee.
Section 6: Funds Disbursement
The persons authorized to disburse funds are the Treasurer, the Chair and the Secretary who are designated as signatories to AKR’s bank account.
Checks drawn against AKR’s account shall be valid only when signed by any two of the authorized persons.
Charitable donations can be made by AKR. Such donation requests will be researched and a proposal for the donation be presented to the Executive Committee for approval.
ARTICLE VIII – SPECIAL COMMITTEES
Section 1: Committees
Establishment of Committees:
Special Committees may be established for the purpose of carrying out the routine activities of AKR and shall be created by the Chair of the association. These committees shall be dissolved by the appointing authority or on the lapse of the authority’s tenure of office.
General duties of Committee Chairs:
Shall coordinate the activities of their committee.
Shall be responsible for preparing a budget and financial statement for any events or activities their committee stages once the event is complete.
Shall prepare an annual report for the Association, Executive Committee and committee files.
Section 2: Committee Records
The Executive Committee members of each committee shall maintain complete records of past and present activity of that committee.
Each Executive Committee member shall submit the records of the committee on to the Executive Committee Secretary, who will safeguard the records for future use.
ARTICLE IX: BYLAW AMENDMENTS
Section 1: Amendments
These bylaws may only be amended at any regular meeting or a special meeting called for that purpose by a vote of the majority of the regular members present, provided that the membership has been given five days notice in writing of the proposed amendment.
The proposed amendments will be brought via the Executive Committee who will be responsible for circulating copies of the proposed Bylaw change to the membership.
Proposed bylaw amendments must be presented at a General Meeting of AKR in a manner that allows for discussion.
ARTICLE X – TERMINATION
Section 1: Dissolution of Executive Committee
In the event the Association is dissolved, the Officers of the Executive Committee then in office shall continue until all affairs of the Association have been officially terminated.
After settling all liabilities of AKR, any remaining assets/funds will be given to an organisation with similar goal and objectives.