PDF JKUSA Constitution 2015 Jkuat

PDF JKUSA Constitution 2015 - Jkuat

JKUSA Constitution 2015 JKUAT Arusha Centre

JOMO KENYATTA UNIVERSITY STUDENTS’ ASSOCIATION

THE J.K.U.S.A CONSTITUTION

2015

PREAMBLE

WE the students of Jomo Kenyatta University of Agriculture and Technology,

RECOGNIZING that we have a constitutional right of freedom of assembly, Association and expression and thus capable of joining this Association as enshrined in the Constitution of Kenya.

RECOGNIZING that JKUAT as a Public University plays a leading role in teaching, research and innovation and is an efficient and functional institution that produces self-reliant graduates who are trained to adopt ethical standards and best practices, as well as play an effective role in harnessing the knowledge acquired to further develop the country and the world at large.

RECOGNIZING the authority of the Universities Act of 2012, Jomo Kenyatta University of Agriculture and Technology Charter of 2013, and JKUAT Statutes

RECOGNIZING that JKUAT has set structures regulating governance and management of the University and hereby abide to respect the authority.

ACKNOWLEDGING that JKUAT is a diverse and multi-disciplinary University with various Faculties, Schools, Centers, Institutes, Colleges and Campuses all offering different programmes in various disciplines.

ACKNOWLEDGING that the students in the various disciplines have unique and diverse needs, and concerns which need to be addressed, in order to foster the observance of the shared goals and ideas of the University student community.

ACKNOWLEDGING the need to be responsible for our own conduct and for the welfare of the University.

ACKNOWLEDGING that the values of transparency, accountability and respect for the rights of students and social justice must be institutionalized in one system of Association so as to ensure that democracy is enjoyed by all students in pursuit of academic and social welfare, peace, prosperity and integrity.

APPRECIATING that this Association is non-political. 3

WE the students of Jomo Kenyatta University of Agriculture and Technology hereby come together, in free will to establish this constitution for the purpose of expressing our ideas, beliefs, concerns and activities to the University.

WE further declare, adopt and bind ourselves and our successors by this Constitution as the Constitution of the Jomo Kenyatta University Student Association (JKUSA), and its guiding spirit in all matters appertaining to it.

DEFINITIONS

• "Associate member" refers to a member who has made himself/herself a partner by paying a subscription fee as will be determined by the JKUSA parliament.

• "Complimentary Member" refers to a member who co-exists with the members of JKUSA but has no right of vote as a bona-fide member.

• "International students” refers to a student who is not of Kenyan origin by birth as shown in the nationality registration as indicated in the possessed passport or national identification of the country of their origin. The group shall constitute students beyond the Kenyan borders.

• "Referendum" refers to the process of referring a political view to the students' body for a direct decision by a general vote.

• "Special Meeting" refers to a meeting where two-thirds (2/3) majority of its Members have not been realized.

• “Abuse of office” shall mean failure of person(s) to perform his or her duties in line with the provisions of JKUSA constitution.

• “Act” shall mean the Universities Act No. 42 of 2012.

• “ad-hoc committee” shall be a committee formed by parliament on a temporally basis to deal with a specific matter after which it shall be disbanded on presenting a report of its findings in parliament.

• “AGM” shall mean an annual general meeting held by all members of JKUSA as provided for in this constitution.

• “Association” shall mean Jomo Kenyatta University of Agriculture and Technology Students’ Association.

• “Charter” shall mean the Jomo Kenyatta University of Agriculture and Technology Charter 2013.

• “CIOC” shall mean a commission formed under this constitution as provided under Article 7.

• “Constituency” shall mean a unit of representation in the Association and shall include a Faculty, College, School and Campus.

• “Deputy Governor” means Deputy Governor elected under schedule and performing duties provided under third schedule.

• “Deputy President Administration” means deputy president administration elected in accordance with the constitution and performing duties provided under schedule 3.

• “Deputy President Welfare” means deputy president welfare elected in accordance with the constitution and performing duties provided under schedule 3.

• “Disability” includes any physical, sensory, mental, psychological or other impairment, condition or illness that has, or is perceived by significant sectors of the Community to have a substantial or long term effect on the individuals’ ability to carry out ordinary day to day activities.

• “Effective Date” means the date this constitution comes into effect.

• “Ex- officio” shall mean a member appointed by virtue of holding another office.

• “Governor” means governor elected under schedule 1 and performing duties provided under third schedule.

• “Internal auditor” refers to any student with the recognized accounting qualifications who is not a member of the JKUSA Parliament.

• “Lead Commissioners” refers to the highest in rank student Electoral commissioner in the Electoral Commission,

• “President” means president of JKUSA elected in accordance with the constitution and performing duties provided under clause 1 paragraph 1 of the third schedule.

• “Special Needs” shall be used to identify students with disability as defined under Article 260 of the Constitution of the Republic of Kenya 2010;

• “Student” means a person who is registered as a student of Jomo Kenyatta University of Agriculture and Technology during a current academic year for a first or higher degree, diploma, certificate or such other qualification or course of the University as may be approved by the Senate as qualifying a person for the status of a student, but does not include a student of an honorary institution who is registered for examinations leading to the degree, diploma, certificate and other academic award of the University.

• “The JKUSA Parliament” refers to the body comprising the elected officials of the Executive, the Speaker and includes the representatives of the Halls, Faculties, or any other representatives that may be determined by this Constitution.

• “Unit” shall mean a unit of students’ representation and shall include Faculties, Institutes, Schools, Centers, Colleges and Campuses. For purposes of clarity a Faculty, Institute, School, Centre, College and Campus will be considered as an individual unit. (The current existing units form schedule I of this Constitution).

• “University Senate” shall mean the Senate of the Jomo Kenyatta University of Agriculture and Technology as established under Section 22 of the Jomo Kenyatta University of Agriculture and Technology Charter.

• “University” shall mean Jomo Kenyatta University of Agriculture and Technology.

• ''Academic Year'', ''Annual'', or ''Annual Meeting'' refers to and comply with the academic year as per the University calendar.

• ''Annual Accounts'' mean the balance sheet; the statement of income and expenditure; the statement of expenses and application of funds.

• ''Bona fide member'' means and includes only those persons who have duly paid the non-refundable subscription fee.

• ''External Auditor'' refers to a certified public accountant who examines the financial records and business transactions of JKUSA and that he/she is not honorary with.

• ''Semester'' means a period of study consisting of sixteen weeks or its equivalent in contact hours and includes University examinations.

• ''Statutes'' means statutes made pursuant to the Act of the University.

• ''The Constitution'' means the Constitution of JKUSA unless otherwise stated.

• Words denoting masculine gender also refer to feminine gender.

ARRANGEMENT OF THE CONSTITUTION

PART I: ARTICLES

Article 1: Name, Registered Office and Area of operation. ................................ 8

Article 2: Objects of the Association. .......................................................................... 9

Article 3: Membership. .............................................................................................. 10

Article 4: The Organs of JKUSA. ............................................................................. 13

Article 5: Amendment of the constitution .................................................................. 21

Article 6: Constitution Review ................................................................................. 22

Article 7: Interpretation and Implementation ............................................................ 23

Article 8: Transitional Provisions …………………………………………………..24

PART II: SCHEDULES.

Schedule 1: Nomination and Election process. ..................................................... 26

Schedule 2: Association finance. ............................................................................... 33

Schedule 3: Roles and Duties.. .................................................................................. 47

PART III: APPENDICES

Appendix 1: General Meeting ...………….…………………………………………58

Appendix 2: Resignation and suspension from office. .................................................. 60

Appendix 3: Referendum............................................................................................ 61

Appendix 4: Code of Conduct.. .................................................................................. 62

Appendix 5: Dissolution, Impeachment and Right of Recall. .................................... 63 8

PART I

ARTICLES 9

Article 1: Name, Office and Operations

1) Name

The name of the Association shall be the Jomo Kenyatta University of Agriculture and Technology Students Association (hereafter known and referred to as JKUSA).

2) Registered Office of JKUSA

The JKUSA head office shall be located at The Main Campus of JKUAT at Juja whose address shall be P.O. Box 62000 - 00200, NAIROBI or such other place the Parliament may determine.

3) Area of Operation

This constitution shall have force of law at all faculties, schools, centers, campuses, colleges, and any other institutions of Jomo Kenyatta University of Agriculture and Technology as determined by the University Senate. 10

Article 2: Objects of the Association

The objects of the Association are:

• To protect the individual and collective rights of JKUAT students;

• To foster observance of shared goals and ideals of JKUAT students;

• To promote, encourage and co-ordinate activities in the fields of academic research, artistic development and professional talents, education, research, innovation, strategic and development plans and services;

• To work in close solidarity with other students' Associations within the University and to establish friendly relations and understanding with other relevant Associations whose objectives are similar to those of JKUSA;

• To improve and preserve high academic standards in the University;

• To develop a sense of responsibility for the members’ conduct and for the welfare of the University;

• To promote the awareness of diversity and multi-cultural aspects of the students through interaction and supporting events that broadens the spheres of culture, society and education;

• To promote gender and social equity, the spirit of unity, togetherness and humanity among its members and the University Management, general public and University Community;

• To be the voice of its members for purposes of advocating for the needs and interests of JKUAT students through the principles of democratic representation;

• Facilitate initiative among students, JKUAT students and members of other Universities, Institutions and Associations with similar interests;

• To encourage continued cooperation among former JKUAT students through the Alumni Association;

• To raise funds through lawful means for purposes of achieving the aims and objectives of JKUSA;

• To distribute and publish a magazine or other publications in which students can express their views, thoughts and creative talents;

• To carry out such other activities as may be incidental to the achievement of the above objectives;

• To uphold the constitution of the student Association; and

• The Association shall practice the above aims and objectives independent of any political party or religious Association.

• To encourage its members to abide with set rules and regulations of the university and uphold community policing

These aims and objects shall be practiced without discrimination on the grounds of age, sex, race, religion, creed, tribe, sexual orientation, disability or medical condition, except that action may be taken to promote equality of opportunity. 11

Article 3: Membership

• Eligibility

• Membership to the Association shall be open to all students of JKUAT.

• Membership to the Association shall be free from discrimination on the basis of race, color, creed, sex, marital status, personal appearance, age, tribe, religion national origin, political affiliation and physical or mental disability.

• Membership

• Ordinary Membership

Ordinary membership shall be open to all undergraduate students in JKUAT PROVIDED THAT:

“Students duly admitted by the Senate who shall pay an annual subscription fee of seven hundred Kenya shillings (Kshs. 700) or such amount as may be proposed from time to time by Parliament and approved by the University Senate”.

• Associate Membership

• Associate membership shall be open to all duly admitted Post Graduate students of the University or any member of staff who is a student.

• Associate members shall pay an annual subscription fee of One Thousand Kenya Shillings (Ksh.1000) or such amount as may be proposed by from time to time by Parliament and approved by the University Senate.

• Rights, Privileges And Duties Of Members

• Ordinary members

An ordinary member of JKUSA has the following rights:-

• Right to vote in the Associations’ elections;

• Access to the facilities offered by JKUSA provided that such access shall not be through unlawful means such as access by use of physical force to the office, occupation of building or misuse of the Association assets;

• Right to take part in all activities and enjoy all facilities of JKUSA without hindrance, unless otherwise provided in this Constitution;

• Right to Participate in the proceedings of the General Meetings;

• Right to elect or be elected to any of JKUSA leadership position unless otherwise provided in the constitution;

• Right to be elected, nominated or appointed to be a delegate or representative of JKUSA in any fora;

• Right to express their opinion in any proper and appropriate means in any JKUSA meetings or any other fora where JKUSA has interest. Provided that personal opinion may not necessarily represent the policy of JKUSA;

• An ordinary member has the right to access all relevant information relating to the affairs of the Association including books and records of accounts, audit reports and minutes of meetings in so far as such access shall be reasonable;

• Any member may participate in parliamentary proceedings as a guest upon seeking permission in writing from the Speaker.

• An ordinary member has the right to take part in all legal, valid and legitimate activities organized and run by the Association for its members.

• Associate Members

• An Associate member has the right to access all relevant information relating to affairs of the Association including books and records of accounts, audit reports and minutes of meetings in so far as it shall be reasonable.

• An Associate member has the right to take part in all legal, valid and legitimate activities organized and run by the Association for its members.

• Obligations of Members

• Every member of JKUSA is required to respect all the organs of the Association established in the Constitution and their decisions.

• Every member is to abide and bind oneself by the letter and spirit of this Constitution.

• Cessation of Membership

Membership shall cease where one:- 13

• Retires upon completion of the one's course of study at the University apart from those who subsequently continue uninterrupted to the next level of study at the University or voluntarily in the case of honorary member;

• For any reason, falls into arrears with his association fees for more than one (1) academic year. The Executive Committee may, however, at its discretion, reinstate such member on payment of the total amount of association fees outstanding;

• Ceases to be a student on account of transfer to another university, or death, or suspension for a period longer than six months; expulsion or discontinuation by the University; and

• Where a member is disqualified under any written law or their continued membership is deemed by the JKUSA and Senate as being in any way detrimental to the Association or the University.

Article 4: The Organs, Composition and Functions

• The Organs

The organs of JKUSA shall be as follows:-

a) The JKUSA parliament;

b) The executive; and

c) Campus councils.

• The JKUSA Parliament

There is established a Parliament of JKUSA which shall be referred to as the JKUSA Parliament. The JKUSA Parliament shall be the supreme decision making body of the association, except for a decision that is made in a referendum. It shall also raise issues that are of concern to its members to the senior management team of the university/college through the President.

• Composition of JKUSA Parliament

The membership of the parliament shall be made up of the following:-

• The JKUSA Secretariat;

• The Executive Committee

• All campus deputy governors;

• All campus Secretary Generals; and

• Representatives from Schools, Faculties, departments, colleges, Halls of Residence, Representatives and Outside Hostels Representatives.

• Functions of Parliament

The functions of Parliament shall be to:-

• Determine general polices of the association.

• Enact rules and regulations for JKUSA;

• Approve proposed budgetary allocations for legitimate members’ activities.

• Deliberate on and resolve issues of concern to the members; monitor and discuss the events and decisions of the formal university decision making bodies and to raise concerns of members to the student governors and members of the senior management team to consider and propose amendments to this constitution to be approved by the university senate;

• review the conduct of the officers holders of JKUSA and initiate the process of removing them from office according to Appendix 5;

• parliament shall set and review allowances and remuneration of JKUSA officials from time to time, in consultation with the University Senate;

• approve reports from committees, working parties and the executive committee;

• approve financial budgets and reports from the executive committee;

• Establish special committees as provided by the constitution.

• ratification of committee members;

• carry out any other duty that may be incidental to performance of its functions;

• to elect the speaker and the deputy speaker in the first sitting of the JKUSA parliament; and

•

• Protect this constitution and promote the democratic representation of students.

• Procedures and Proceeding of Parliament

Subject to this Constitution, the procedures and proceedings of Parliament shall be governed by the Standing Orders of JKUSA Parliament as follows:-

• The Parliament shall meet at least twice in a semester.

• The first meeting of association parliament shall be held one week after elections and chaired by the president. This meeting shall also approve the previous association’s annual report.

THE JKUSA SECRETARIAT

There is established a JKUSA Secretariat herein referred to as “The Secretariat”

• Composition Of JKUSA Secretariat

The Secretariat shall compose of:-

• The Speaker

There shall be a speaker of the JKUSA Parliament who shall be elected by the members of Parliament from among persons who are qualified to be elected as members of Parliament but are not such members.

The Speaker shall:-

• be the head of Parliament;

• be a Member of Parliament and perform all the relevant functions of a member of Parliament under this Constitution;

• receive motions from members and communicate Parliamentary sessions as provided for in the Standing Orders of Parliament sessions and call for special meetings of Parliament as provided for under the Standing Orders of JKUSA Parliament;

• declare a seat vacant for purposes of by-elections as provided for under SCHEDULE One (1) of this Constitution;

• act as a link between JKUSA Parliament and the Executive;

• Be an ex-officio member and shall chair the meetings of the Secretariat.

• Subject to this Constitution, the Speaker shall perform any other duties as delegated to them by Parliament.

The Office of the Speaker shall become vacant:

• when a new house of Parliament first meets after an election;

• if the Office holder, as a member of the Parliament resigns from office under Appendix 2 or is impeached under Appendix 5.

• Deputy Speaker

There shall be:

• A Deputy Speaker of the JKUSA Parliament who shall be elected by the members of Parliament from among persons who are qualified to be elected as members of Parliament but are not such members.

• The Deputy Speaker shall deputize the speaker and perform any other duties as delegated to him or her by the speaker and/or Parliament.

The Office of the Deputy Speaker shall become vacant:

• when a new house of Parliament first meets after an election;

• If the Office holder, as a member of the Parliament resigns from office under Appendix 1 or is impeached under Appendix 4.

• Clerk

• There shall be a clerk who shall be appointed according to the standing orders of the JKUSA Parliament.

• The clerk shall be nominated from among persons who are qualified to be elected as members of Parliament but are not such members.

• The clerk shall:-

• be the secretary during Parliament meetings;

• be the head of the JKUSA Secretariat;

• administer the oath or affirmation of allegiance to the new Speaker in the presence of the assembled House;

• publish the agenda of the House in the form of an order paper; and

• Conduct the counting of votes in the election of the Speaker of the House.

• Subject to this Constitution, the Clerk shall perform any other duties as delegated to them by Parliament and/or the secretariat.

• Hansard Editor

• There shall be a Hansard Editor who shall be appointed according to the standing orders of the JKUSA Parliament.

• The Hansard Editor shall be nominated from among persons who are qualified to be elected as members of Parliament but are not such members.

• The Hansard Editor shall:

• Be the custodian of the JKUSA Parliament.

• Maintain and store the records of all the Parliament meetings.

• subject to this Constitution, perform any other duties as delegated to them by Parliament

• Sergeant-at-Arms

• There shall be a Sergeant-at-Arms who shall be appointed according to the standing orders of the JKUSA Parliament.

• The Sergeant-at-Arms shall be nominated from among persons who are qualified to be elected as members of Parliament but are not such members.

• The Sergeant-at-arms shall:

• Maintain order and discipline during Parliament sessions.

• subject to this Constitution, perform any other duties as delegated to them by Parliament

• THE EXECUTIVE

• Establishment

• There shall be an Executive Committee of the Association.

• The Executive power of the Association shall be vested in the Executive Committee.

• The Executive Committee shall be responsible for overseeing the day to day operations of the Association.

• Membership

The Executive shall comprise of the following elected officials:-

• President;

• Deputy President Administration;

• Secretary General;

• Finance Secretary;

• Special Needs Secretary;

• Legal Affairs Secretary;

• Health, Catering and Accommodation Secretary;

• Sports and Games secretary,

• Recreation and Entertainment Secretary;

• Academic Affairs Secretary;

• International Students Secretary;

• External Affairs Secretary; and

• All Campus Governors.

• Powers And Functions Of The Executive

The Executive shall:-

• be ultimately responsible for upholding the Constitution of the Association;

• be responsible for the day to day running of the Association;

• manage the Associations' property with integrity, accountability and transparency;

• nominates members to the Associations' committees for ratification by the parliament as provided for in the Constitution;

• Represent the Association in the University organs where the Association needs to be represented. This representation includes and is not limited to representation in the University Management Board;

• Facilitate the actualization of the objectives of the Association.

• Perform such other duties as may be delegated by the Parliament.

• Meetings of the Executive Committee

• The Executive Committee shall meet at least twice in a semester in ordinary session at a date and place to be determined by it.

• The President may convene an extraordinary session of the Committee.

• The President shall convene an extraordinary session of the Committee if two thirds (2/3) of the Committee members make a request in writing.

• The quorum required for a meeting is at least three-fifths of the members, including the President.

• Decisions made by the Executive Committee shall be communicated to the Campus Councils within seven (7) days during the normal semester.

• Any member of the executive committee who fails to attend three consecutive meetings of the executive committee without giving apologies to the president, and does not provide satisfactory reasons acceptable to the executive committee, shall be considered to have resigned.

c) CAMPUS COUNCILS

• Election of Council Members

The Campus Council members who shall be elected at the campus level are as follows:-

• Governor + campus name;

• Deputy Governor + campus name;

• Secretary General + campus name;

• Finance Secretary + campus name;

• External Affairs Secretary + campus name

• Sports and Games Secretary + campus name;

• Health, Catering and Accommodation Secretary + campus name;

• Recreation and Entertainment Secretary + campus name;

• Academic Affairs Secretary + campus name.

Campuses with a population of less than 1000 members shall have the following officials as their campus representatives in their council;

i. Governor

ii. Secretary General

iii. Finance Secretary

The members stated above shall all assume roles of the other secretaries in addition to their roles as stated in this constitution similar to campuses with more than 1000 members.

The campus council for the main campus shall consist of all Executive Committee members except the Deputy President-Administration and Legal Affairs Secretary.

• Duties Of Elected Campus Officials

• The Governor shall be the campus representative at the Executive committee.

• The Governor shall also be the campus representative at the JKUSA Parliament.

• The Duties and responsibilities of the campus officials shall be similar to those of the officials of the Executive, save that the duties shall be limited to their respective campus only.

• Campus Committees

Each Campus shall have the following Committees:-

• Finance Committee;

• Sports and Games Committee;

• Entertainment and recreation committee;

• External Affairs Committee;

• Health, Environment, Catering and Accommodation Committee;

• Academic Affairs Committee;

• Social Welfare and Ethics Committee;

Article 5: Amendment of the Constitution

The constitution may be amended through the following ways:-

• Any Member of Parliament may propose an amendment of the Constitution by bringing to Parliament for debate a motion to amend the Constitution.

• Any member of the Association may propose an amendment of the Constitution by submitting the proposal through a Member of Parliament who shall bring the motion to amend the Constitution for debate to Parliament.

• Parliament shall then pass motion by a two thirds majority of the Members.

However the amendment shall only be adopted if such a proposal is supported by 65% of the total JKUSA members.

The amendment to this Constitution shall be then be passed to the University Senate for approval. 23

Article 6: Constitution Review

The Constitution shall be reviewed within a period of not less than five (5) years.

The process shall be initiated if:

• There is a change in any University governing documents.

• Any Member of Parliament proposes to review the Constitution by bringing to Parliament for debate a motion to review the Constitution.

• Any member of the Association proposes to review the Constitution by submitting the proposal through a Member of Parliament who shall bring the motion to review the Constitution for debate to Parliament.

However Parliament shall then pass motion by a two thirds majority of the Members.

The following process shall be followed:

• An independent committee of experts shall be formed through a competitive process to consist of; a Representative from each academic years, Special needs representative, Two Satellite Campuses Representatives and a professional legal officer.

• The Committee shall then submit a draft to the JKUSA members for a referendum where it shall pass by a simple majority.

• The proposed draft shall then be passed to the University Senate for approval

Article 7: Interpretation and Implementation.

• This Constitution shall be read and construed in accordance with the Laws of Kenya.

• There shall be a Constitution Implementation Oversight Commission (CIOC) of JKUSA which shall consist of all members of the constitution review commission.

• The CIOC shall;

• Have powers to hear any question respecting the interpretation of this constitution and oversee the implementation of the constitution, and this regard shall receive regular reports from the speaker of the parliament on steps taken to toward implementation of the provision of this constitution.

• In the event of perceived ambiguity, imminent errors or any matter that shall arise hindering interpretation, be called upon to give direction or interpretation as may be necessary.

• Advise on whether any by-laws or policy made by the parliament is inconsistent with or in contravention of this constitution

• Advise on whether any action by parliament or the executive council or any individual member thereof is in contravention of this Constitution.

• Be charged with the responsibility of drafting the Standing Orders of Parliament six (6) weeks before elections are held.

• Appoint the clerk of Parliament, Hansard Editor and Sergeant-at-arms six (6) weeks before elections are held.

The Constitution Implementation Oversight Commission (CIOC) shall cease to exist six (6) months after the adoption of this Constitution.

Article 8: Transitional Provisions

• This Constitution shall come into effect once it has been adopted by JKUSA and approved by the University Senate.

• Upon enactment of this Constitution, the Constitution of The Jomo Kenyatta University Student Organization 2009 shall cease to apply.

• Where under this Constitution Parliament is required to make rules and/or regulations, the existing rules and/or regulations shall apply until such a time as when Parliament makes other rules and/or regulations.

• All acts which have been constitutionally undertaken by the JKUSA Constitution Review Commission including but not limited to the eventual launching of this constitution shall be regarded to be valid under this Constitution.

• The current JKUSO officials shall remain in power in transitional capacity until new officials are elected under this constitution.

PART II.

SCHEDULES 27

SCHEDULE ONE

Nomination and Election Process

• The Chief Returning Officer

• The Dean of Students shall be the Chief Returning Officer.

• The chief returning officer shall be responsible to the University administration for the good conduct and administration of all JKUSA elections.

• The returning officer may appoint assistants to support them in their duties.

• Election Dates.

The election commissioners shall ensure that the election takes place in the Last Tuesday of February each year. The dates of elections for the Association officials, a copy of the election timetable and a copy of the election regulations shall be posted on the university's notice-boards and the university website at least three weeks before the elections.

• Election of the Campus councils

• Campus officials of the Association shall be elected annually by JKUSA members within their respective branches in the Last Tuesday of February each year.

• Only ordinary members of the Association are eligible to contest.

• Requirements for candidacy

• Must be an ordinary member of the association.

• Must have cleared the University school fees.

• Not have history of mental illness.

• Be good role models academically and have never sat for a supplementary examination.

• Must be in possession of certificate of good conduct from the police.

• Be of good conduct, and shall have not had a disciplinary record or have pending disciplinary case.

• Be able to serve for a period not less than twelve (12) months.

• No candidate shall contest for election in more than one position in an election

• The president shall have a running mate of the opposite gender, who shall be the deputy president social welfare.

• The deputy president administration shall be from a satellite campus.

• All Executive positions shall be contested by students from the Main Campus except the Legal Affairs secretary and the Deputy President- Administration positions that shall be open ONLY for students from satellite Campuses.

• The Legal affairs Secretary shall be from a Campus that offers Law in the University.

• Nomination Procedure

• A member will only be nominated and contest for one post only in an election conduct at any particular time.

• Nominees for the candidates contesting for the President and Deputy President Welfare positions shall be of opposite gender.

• Nomination for Executive posts should be at least 5% of the total JKUSA membership, while nomination for other Campus Council posts should be at least 5% of the total JKUSA campus membership.

• The nomination papers for each proposed candidate must include the full names, respective registration number and signatures of the proposers as they appear on their University Identity cards.

• Nominations must be submitted at least three (3) weeks before the date of elections.

• The names of all contesting candidates shall be put up on University notice boards and/or the university website by the Chief Returning Officer, after the nominations are completed two (2) weeks before elections.

• The Lead Commissioner shall prepare and post on notice boards a statement showing the names of persons who have been disqualified, as provided in this constitution giving reasons for any such disqualification.

• Where no candidate meets the nomination criterion, the Electoral Commission shall extend the nomination period for the particular post.

• Once the election date is announced the outgoing officials shall carry their day to day administrative activities in a Caretaker capacity until the newly elected officials assume office.

• The members of the Campus Council shall be elected at representation Unit level by simple majority of voters.

• A candidate may withdraw his/her candidature by notice of withdrawal signed by him/her and handed at the place designated for the delivery of nomination papers not less than sixty (60) hours before the election.

• The approval of notice of withdrawal shall be made public and signed by the Lead Commissioner not less than sixty (60) hours before the election.

• The Chief Returning Officer shall post notice of the poll on notice boards and also arrange for preparation of the voters register, ballot papers and use of rooms, halls or stations and for a Returning Officer to be present at every polling station.

• Appeal against disqualification shall be filed within forty-eight (48) hours before an Election Appeal Committee that shall comprise the Chief Returning Officer and Electoral Commissioners.

• Election Procedure

• All JKUSA elections shall be by secret ballots or any other agreed method, simple majority system, on the principle of one-person-one-vote. No one shall be allowed to vote by proxy or by mail.

• The Chief Returning Officer and the Lead Commissioner shall supervise the elections with the help of Returning Officers, who will constitute the Electoral Commission.

• Elections shall be conducted at designated rooms and halls of the University.

• The campaign period shall be two (2) weeks.

• Unopposed positions shall not be included on the ballot paper.

• For the purposes of these elections as provided by this Constitution, the electoral roll shall be the University nominal roll.

• The Chief Returning Officer, the Lead Commissioner, the returning officers and agents of candidates and their chief agents will be present during the counting of ballots.

• No any executive position shall go uncontested.

• Grounds For Disqualification

Candidates shall be disqualified upon proof of:-

• Incitement of other students by the candidate to use violence, threaten or ridicule any member of staff or students.

• Campaigners or/and candidates continue with the campaign when a member of the Electoral Commission or a candidate has the floor.

• Procedure For Appointing Electoral Commission

• The chief returning officer competitively sources for a lead commissioner six (6) weeks before the election date.

• The returning officer or the equivalent at campus recruits the commissioner and the clerks for each campus.

• The Chief Returning Officer shall approve the nominees and publish their names to all members of the Association.

• The Lead Commissioner shall chair the Electoral Commission.

• Role of Electoral Commission

The Electoral Commission shall;

• Maintain order during campaign rallies, polling, and counting of ballots.

• Form Appeal Committees in the event of contention of election results.

• Provide necessary and relevant information to contestants.

• Do adequate advertising for campaign rallies as deemed necessary.

• Shall oversee the nomination procedure.

•

• Voting Procedures

• The chief returning officer shall ensure that all members of the association have access to vote.

• All members of the Association shall be able to vote for all the positions as outlined in this constitution except the campus councils who shall be elected by the members registered at that campus.

• All members of the Association may vote on production of a student identity card or appropriate identification as decided by the Electoral Commission.

• A voting paper will be issued to each voter, which shall bear the university stamp.

• Votes will be cast in sealed ballot boxes. Voting papers shall bear the name of each candidate and the office being contested.

• Voting shall be by secret ballot.

• Counting and Declaring Votes

• The returning officer shall inform the candidates of the time and venue of the count. The candidate or their appointed representative may, if they so wish, attend the counting of the votes as observers only.

• The returning officer may be assisted in the count by a number of individuals appointed by the Electoral Commission.

• Once the votes have been counted they should be kept for a period of three (3) months in case of appeals against the result.

• Any decision as to what shall be designated as spoiled papers shall be taken by the members of the Electoral Commission whose decision shall be final.

• Results of the elections shall be declared by the Chief returning officer when the count for each post has been completed and any complaint has been resolved to the satisfaction of the Electoral Commission. The announced results shall then be endorsed by the candidates and the Chief Agents.

• Candidates may request a recount, but not more than three (3) times and in not more than 24 hours.

• Disputes arising from the election shall be forwarded in writing to the Electoral Commission through the Lead Commissioner within 24 hours after the announcement of the winners. An Appeal Committee comprising the Electoral Commission will consider appeals. Their decisions will be binding and conclusive.

• A list of successful candidates will normally be posted at each campus main notice boards and/ or university website within 24 hours of the declaration of results. The Chief returning officer should send a copy of the result to the university administration and the university libraries.

• The results will become official 48 hours after they have been posted provided that no complaint has been lodged with the Electoral Commission within 48 hours.

• The election results for the executive positions shall be announced at JKUAT main campus in Juja at the Assembly Hall or as may be determined by the parliament.

• In case of a vote tie, there shall be a re-run within one (1) week after the election results have been announced.

• There shall be a swearing in ceremony of the executive within two weeks of after election.

• Complaints

• Any challenge or complaint concerning the administration and good conduct of the election will be heard and determined by the Electoral Commission within 48 hours of such a complaint being lodged by any full member or the candidate or their nominee.

• Any complaint against the conduct or administration of the election should be received by the Chief Returning Officer before the start of the count.

• A challenge or complaint during or following the count, must only relate to the conduct of the count, and be lodged with the Electoral Commission who shall resolve the complaint within 48 hours of it being lodged.

• In determining a resolution to the complaint, the appeal committee after hearing all the appropriate evidence may not uphold the complaint; or may halt elections for specified post(s) or disqualify specified candidate(s) if, in their view, a candidate(s) has breached election regulations. The ruling of the appeal committee on any complaint shall be final.

• Election Appeals Committee

• The Election Appeals Committee shall be composed of:-

• The Chief Returning Officer;

• The Lead Commissioner; and

• Three (3) other electoral commissioners.

• The Election Appeals Committee shall have such powers and duties as may be provided herein and in particular shall:-

• receive written petitions against the results which shall be raised within 24 hours of the election results being announced;

• hear oral and written evidence on the petition;

• uphold or nullify the election results as may be deemed fit by it, within four (4) days and notify the student community of its resolution as soon as possible; and

• Dissolve after new office holders have been inaugurated.

• By-Election

• In the event that a position falls vacant for any reason, the vacancy will be announced by the Speaker of the JKUSA parliament through the University/Campus notice boards, stating the reason for the vacancy. This is to be followed by a full Executive meeting to discuss the vacancy.

• A By-election will be held within six (6) weeks of a vacancy due to any relevant reason, any time but at least one (1) month before the end of the 1st semester.

• The rules laid down for the General Election shall govern the by-election.

• Handing Over Process

A meeting shall be held within one (1) week after the swearing-in ceremony by the full outgoing Executive and Campus Council and the full incoming Executive and Campus Council for purposes of formal handing over.

SCHEDULE TWO

• Association Finance

• The funds of the Association shall comprise of:-

• Subscription from members;

• Donations, gifts and grants;

• Allocations from the University;

• Income from business premises duly approved by the University Management Board;

• Such monies or assets as may accrue to or vest in the Association in the course of the exercise of its powers or the performance of its functions under this Constitution; and

• All monies from any other sources provided for or lent to the Association.

• The funds of the Association may be used for the following purposes:-

• Recurrent expenses;

• Capital development;

• Operations and maintenance costs; and

• To facilitate furtherance of the Associations objects.

• Each student shall pay an annual subscription fee as stated in (Article 3) of this constitution.

• The student fund account shall be in the custody of the University Finance Officer.

• Revenue

Any funds raised from students' activities organized by the Executive and campus councils shall be reverted to JKUSA account, and appropriate entries must be made in the JKUSA books of accounts, by the Finance Secretary, to indicate such revenue.

• Expenditure

• The expenditures of JKUSA shall be approved in the first instance by the University Senate on the recommendation of Parliament and expended on a day to-day basis by the Finance Secretary with the guidance of the Finance Committee, the Executive and in consultation with the University Finance Officer.

• Withdrawal from the students’ funds shall be made only against the joint signatures of all the four signatories after approval of the JKUSA parliament without alteration.

• Requisition of any money shall be submitted to the finance office through the Dean of Students.

• Administration of such funds shall be carried out by the Finance Secretary in consultation with the Finance Committee on behalf of the executive.

• The maximum expenditure from the fund for each academic year shall not exceed the total revenue for that year. a

• Thirty percent (30%) of the total subscription fees from all Campus members of the Association shall be paid to the Executive and parliament for administrative purposes and as a subscription to the JKUSA Development Fund. Seventy percent (70%) shall remain with the respective Campus Councils for their own administrative needs.

• Subsidies

Individual clubs and societies should be given financial subsidy. At least three (3%) percent of all the Association finance at the Campus Councils shall be set aside for subsidies. Such subsidy will depend on the need and shall be handed over by the Finance Committee after approval by the JKUSA parliament.

• Bank signatories

Signatories to any withdrawals of the JKUSA accounts shall be the following:

• President of the Students' Association

• Finance Secretary of the Students' Association

• Secretary General of the Students' Association.

• The Dean of Students.

•

All the signatories MUST append their signatures on the expenditure voucher as per the minutes of the Finance Committee approving the expenditure and duly signed minutes of the Finance Committee should be appended to the expenditure voucher.

• Annual Accounts

• In consultation with of the University Finance Officer and in compliance with nationally recognized professional accounting procedures and regulations, the Finance Secretary shall prepare Annual Accounts and present them to Finance Committee which shall discuss and table them at the AGM after they have been audited by the Audit Office.

• Such accounts shall be signed by the President and Finance Secretary and in the absence of the President by another member of the Finance Committee.

• All financial records shall be kept by the Finance Secretary.

• Audit And Audit Report

• The Finance Secretary shall submit an up-to-date statement of accounts and reports, indicating income and expenditure for each academic semester for approval by the Parliament and publication at every 6th and 12th week of every academic semester.

• The Finance Secretary shall ensure that all books of accounts are submitted to two (2) internal auditors and one (1) external auditor, approved by the Parliament, at the end of every academic semester for audit purposes.

• The Finance Secretary shall ensure that all books of accounts are made available to any of the members of the Finance Committee, provided that a written notice has been given seven (7) days in advance for inspection purposes.

• The Finance Secretary shall ensure that all books of accounts are made available for inspection by the appointed auditors’ at all reasonable times, provided that a written notice has been given seven (7) days in advance.

• The Finance committee shall submit one (1) qualified persons, as External Auditors and two (2) as internal Auditors for all JKUSA books of accounts for approval by the Parliament.

• The University Auditor shall at all times have access to books and records of JKUSA and shall be entitled to receive all relevant information necessary to complete the audit of JKUSA accounts.

• The University Auditor shall table their report at the AGM and shall state in it whether or not JKUSA has kept proper books of accounts

• JKUSA Development Funds (JDF)

• There shall be a JDF which shall ensure equitable distribution of funds to the campuses.

• Members shall be entitled to apply for the said funds through their respective Governors for awarding by the parliament

• Parliament shall enact rules and regulations to govern approval process as a mechanism of ensuring equitable distribution and accounting of the funds by the recipients in compliance with the University Financial Regulations.

• Bursary

• Thirty percent (30%) of the total Association funds at the Campus council shall be set aside for the bursary kitty which will be run by Social Welfare and Ethics Committee in consultation with the office of the Dean of students.

• Only registered members of the association shall be the beneficiaries of the bursary except elected officials of the association.

Procedure for the disbursement of the bursary:

• This process shall be conducted with transparency and integrity;

• All eligible members shall apply in writing to the Deputy President Welfare/ Deputy Governors of the Association.

• The Deputy President Welfare to the Association shall submit all the applications to Social Welfare and Ethics Committee and the office of Dean of students for consideration.

• All successful applicants shall be notified in writing or through any other appropriate means of communication.

• A list containing the names and registration number of the members awarded the bursary shall be forward to secretary general and the Dean of students for filing.

• Remuneration and Allowances of Council Members

• The payments of salaries and allowances of the Association officials of the Executive Committee and the speaker of the Parliament shall be determined by the Finance Committee and approved by the Parliament.

• The payments of allowances of all other Association officials other than those mentioned in the above clause, shall be determined by the Finance Committee and approved by the Parliament in consensus with the University Senate.

• The salaries and sitting allowances payable will be reviewed by the finance committee from time to time subject to availability of funds.

• Other allowances such as travel and entertainment shall be determined by the Finance Committee in consensus with the Office of the Dean of Students and approved by the Parliament.

• There shall not be more than four (4) allowanced sittings in an academic semester for the Executive and the Campus Councils.

• There shall not be more than two (2) allowanced sittings in an academic semester for the Parliament and the Secretariat.

SCHEDULE THREE

ROLES AND DUTIES.

• The Executive

• The President

The president shall:-

• be the head of JKUSA and the Executive and shall, subject to this Constitution, be responsible for all matters on behalf of JKUSA;

• be in charge of resource mobilization and income generating activities and projects of the Association and shall prepare proposals for raising finances and resources for the Association

• convene Executive and JKUSA meetings and shall unless incapacitated by reason of illness or any other sufficient cause preside over such Executive and General meetings in accordance with this Constitution and the JKUSA Standing Orders;

• sign the minutes of Executive and JKUSA meetings;

• be a co-signatory to all JKUSA cheques and other negotiable instruments;

• represent JKUSA in the university Senate and the University Council;

• call an emergency meeting of the Executive and/or Parliament PROVIDED that the meeting of the Parliament shall be called through the Speaker;

• be a member of the parliament and in collaboration with the speaker ensure that the decisions made by the parliament are implemented;

• compile a report on his/her activities for consideration at parliament and deliver a state of the Association at the beginning of the semester; and

• Subject to this Constitution, the President may carry out any other duties that may be delegated to them by the Executive or Parliament provided that such duty or responsibilities are consistent with the University Act and the Kenyan Constitution.

• The Deputy President-Administration

The Deputy President –administration shall:-

• exercise the duties of the president in his/her absence from office or in his/her inability to act;

• be in-charge of gender affairs of the members of JKUSA

• perform such other duties as may be delegated to him/her by the President;

• be the chairperson to the Student Welfare and Ethics committee of the Association this shall include internal security matters;

• coordinate services required during bereavement of the member(s) of the Association;

• Subject to this Constitution perform such other duties as may be delegated to them by the President and/or Parliament.

• The Deputy President- Welfare

The deputy president- welfare shall:-

• Chair the campus council of the main campus in the absence of the JKUSA president

• Perform duties specific to the main campus as may allocated to him/her by the president

• Be the chairperson to the Student Welfare and Ethics committee of the main campus this shall include internal security matters.

• Coordinate services required during bereavement of the member(s) of the Association in the main campus.

• Subject to this Constitution perform such other duties as may be delegated to them by the President and/or Parliament.

• Be in-charge of gender affairs of the members of JKUSA in the main campus.

• Secretary General

The Secretary General shall:-

• Take minutes of all Executive meetings and the Association’s general meeting;

• Subject to this Constitution, keep all records and documents of the Association including keeping files, registers and minutes of JKUSA;

• Be the co-signatory to all JKUSA instruments and/ or documents utcontextusexigit (as the context requires) with the President or any other officer as stipulated under this Constitution;

• Subject to this Constitution perform duties as delegated to them by the Executive and/or by the President;

• be responsible for the circulation of relevant information to the members of the Association through notices and announcements;

• To prepare and circulate meeting’s agenda for all meetings apart from parliamentary meetings.

• Represent members of the Association in the University Council and the University Senate and

• Subject to this Constitution perform such other duties as may be delegated to them by the President and/or Parliament.

• The Finance Secretary

The Finance Secretary shall:-

• Receive all monies paid to the Association and be responsible for the Association’s funds;

• Accept subscriptions and donations in the name of the Association with the approval of the Executive Committee;

• Shall ensure that accounts are made available to the students’ body every 6thweek of every academic semester through student email and University notice board;

• Shall be a co-signatory to all withdrawals from the students’ funds as authorized by the Finance Committee;

• Shall submit an up-to-date statement of accounts and reports and printed bank slips to the parliament indicating income and expenditure for each academic semester for approval and publication at every 6th and 12th week of every semester;

• Shall ensure that all books of accounts are submitted to one (1) external Auditors two (2) internal auditors who shall be approved by the parliament, at the end of every academic year for audit purposes;

• Shall ensure that all books of accounts are made available to any of the members of the Finance Committee, provided that written notice has been given to the Finance Secretary seven (7) days in advance, for inspection purposes;

• Shall ensure that all books of accounts are made available for inspection by the appointed auditors’ at all reasonable times, provided that a written notice has been given seven (7) days in advance to the Finance Secretary;

• Keep a detailed account of receipts and prepare a financial statement for the Annual General meeting(AGM);

• keep records of membership dues; and

• Subject to this Constitution perform such other duties as may be delegated to them by the President and/or Parliament.

• Legal Affairs Secretary

The legal affairs secretary shall:-

• Be the JKUSA Secretary in charge of legal affairs;

• Represent JKUSA in all Disciplinary Committees of the University where members are involved and the University Senate;

• Carry out any legal investigations or actions as may be mandated by Parliament;

• Be co-signatory to all JKUSA Memoranda of Understanding, contracts, and treaties and all other legal instruments utcontextusexigit (as the context requires);

• Provide legal advice to the Association on matters of conduct or any breaches;

• Subject to this Constitution perform such other duties as may be delegated to them by the President and/or Parliament.

• Special Needs Secretary

The Special needs secretary must be a person with special needs.

He or she shall:-

• Represent the interests of students with special needs in the parliament and executive;

• Be the representative of students with special needs in all university Committees formulating and implementing disability policies;

• Be the chair and nominate members of the of the Special Needs Committee as provided for under this Constitution, for approval by the parliament;

• monitor the college’s provision for students with disabilities, and bring matters pertaining to implementation of this provision to the attention of the association and the college;

• be a link between JKUSA and representatives of other special needs Professional bodies;

• Subject to this Constitution perform such other duties as may be delegated to them by the President and/or Parliament.

• Academic Secretary

The Academic secretary shall:-

• in consultation with the Deputy Vice Chancellor (Academic Affairs) deliberate on academic issues;

• work with the Director, Library and Information Service in provision of academic resources;

• Represent the members at the university senate meetings.

• chair and nominate members to the Academic Affairs Committee for approval by the Parliament;

• participate in the planning, Association and management of academic, social, counseling, career and work study programs;

• in conjunction with the president be responsible for dealing with students’ Concerns, aspirations and problems in relation to their courses; and

• Subject to this Constitution perform such other duties as may be delegated to them by the President and/or Parliament.

• External Affairs Secretary

The External Affairs Secretary shall:-

• Coordinate all clubs and societies activities in the University.

• Submit all report and budgets of all registered clubs and societies in the university to the Parliament for approval.

• Shall be the officer in charge of public relations;

• Deal with current emerging issues;

• Establish and maintain contact with and provide information from professional groups and external Associations that deal with student issues;

• Liaise with the President on the development of the college equal opportunities policy;

• Subject to this Constitution perform such other duties as may be delegated to them by the President and/or Parliament.

• International Students Secretary

The International Students Secretary must be an International student.

He or She shall;

• Be a link between JKUSA and all International students

• Represent International Students affairs in the Alumni and International Students Association (ALISO);

• Attend all Executive, Parliament and Associations meetings unless prevented by sufficient reasons made known to the President;

• Represent all JKUAT Campuses and centers located outside the Kenyan Border;

• Carry out any other activity that is in furtherance and not limited to the welfare of International students;

• Subject to this Constitution perform such other duties as may be delegated to them by the President and/or Parliament.

• Sports and Games Secretary

The Sports and entertainment secretary shall:-

• Liaise with the Office of the Dean of Students and the University Sports Department to ensure members’ welfare in matters pertaining to sports.

• Develop Sports policy of the Association;

• Be the chair and nominate members of the Sports committee as provided for under this Constitution with the approval of the parliament.

• Represent JKUSA in all University Sports Council and all Sports Department Committees;

• Represent JKUSA in the management of the University Sports Teams;

• Initiate Programs, activities and events that nurture students’ talents in sports;

• Subject to this Constitution perform such other duties as may be delegated to them by the President and/or Parliament.

k) Recreation and Entertainment Secretary

The Recreation and Entertainment Secretary shall:

• Liaise with the Office of the Dean of Students to ensure members’ welfare in matters pertaining entertainment and recreation.

• Develop Entertainment policy of the Association

• Be the chair and nominate members of the Entertainment committee as provided for under this Constitution., with the approval of the parliament

• Represent JKUSA in the management of the University Choir;

• Organize and publicize a variety of entertainment and other social activities to reflect the interests of all sections of the student body;

• Initiate Programs, activities and events that nurture students’ talents in entertainment;

• Organize and publicize a variety of entertainment and other social activities to reflect the interests of all sections of the student body; and

• Subject to this Constitution perform such other duties as may be delegated to them by the President and/or Parliament

• Health, Catering and Accommodation Secretary

The Health, Catering and Accommodation secretary shall:-

• Be the chair and nominate members to health, catering, and accommodation committee for approval by the Parliament;

• Be a link between the Association and JKUAT Hospital;

• In consultation with the University management shall be a link between the Association and health and accommodation stake holders and shall take part in projects initiated by the University and the stakeholders;

• Coordinate activities in the event of members’ illness

• Initiate projects designed towards health and environmental awareness, protection, conservation and sustainability; and

• Subject to this Constitution perform such other duties as may be delegated to them by the President and/or Parliament.

• Governor

Each Campus Governor shall:-

• Generally articulate the special needs, aspirations and interests of their respective Campuses in the executive and Parliament;

• In consultation with the Deputy President be in charge of resource Mobilization for campus based JKUSA activities;

• Take part in all the other duties and functions of the Executive;

• Subject to this Constitution perform such other duties as may be delegated to them by the President or/and the parliament.

• Deputy Governor

The Deputy Governor shall:-

• The Deputy Governor shall deputize the Governor for the respective Campus;

• The Deputy Governor who shall be of the opposite gender, shall be the running mate of the Governor during elections;

• Exercise the duties of the Governor in their absence from office or in his inability to act;

• Perform such other duties as may be delegated to him by the Governor;

• Act as the official internal affairs officer of the Association including internal security matters;

• Coordinate services required during sickness and bereavement of the member(s) of the Association; and

• Perform any other duties bestowed upon him by the Parliament and the Executive Committee provided that, these duties do not violate the spirit of this Constitution or are inconsistent with the respective duties provided for other members of the parliament

• EXECUTIVE COMMITTEES.

• Duties of the Executive Committee

The Executive shall:

(i) Be ultimately responsible for upholding the Constitution of the Association.

(ii) Be responsible for the day to day running of the Association

(iii) Implement the decisions of the Parliament.

• Manage the Associations' property with integrity, accountability and transparency

The Executive Committees

All Executive committee members shall comprise of members of parliament except for special needs committee, International affairs committee, the Legal Affairs committee.

Working Committees of the Executive Committee

The working Committees shall be headed by members of the Executive Committee. The working committees of the Executive Committee are as follows:- 46

• FINANCE COMMITTEE

• Membership

The Finance Committee shall be chaired by the Finance Secretary of the Association. He shall be the chairperson of all meetings except when giving the financial report when a chairperson shall be elected. Membership is as follows:-

• President of the Students Association;

• Finance Secretary of the Students Association;

• Secretary General of the Students Association;

• University Finance Officer or his representative; and

• All Finance Secretaries from all Campus Councils.

• Duties of the Finance Committee

• The Finance Committee shall ensure that all the finances of JKUSA are administered under a system of accounting recognized by the Association of Certified Public Accountants of Kenya, with the supervision of the University Finance Officer.

• The Finance Committee shall propose one (1) external auditor and two (2) internal auditors to the Parliament within three (3) weeks after elections by the students.

• To prepare a report and statement of accounts, indicating income and expenditure for that semester for approval by parliament and publication at every 6th and 12th week of every semester.

• LEGAL AFFAIRS COMMITTEE

• Membership

Membership of this Committee shall be as follows:-

• The Legal Affairs Secretary; and

• Four (4) other members appointed by the legal affairs secretary and approved by the parliament.

• The Legal Affairs Secretary shall be the chairperson of the Committee.

• Duties of the Committee

Duties of the Committee shall be:-

• Be advisor to JKUSA on legal matters; and

• Carry out any legal investigations or actions as may be mandated by Parliament;

• Provide legal advice to the Association on matters of conduct or any breaches;

• SPORTS AND GAMES COMMITTEE

• Membership

Members of this committee shall be as follows:-

• Sports and Games Activities Secretary (Chairperson)

• All Campus Council Sport and games secretaries.

• Duties of the Committee

• Keep detailed and exhaustive records of all sports and games activities with the Director of Sports and Games.

• Convene at least one meeting at the beginning of each semester with the Director of Sports and Games.

• Be the custodians of information from both the Director of Sports and Games or Dean of Students regarding the total amount of funds available from the activity fee kitty.

• Prepare a budget to cater for the needs brought to its knowledge within the limits of the activity fee.

• Ensure that no sporting activity recognized by the University is marginalized or neglected.

• Ensure that only registered members of a recognized sporting activity are entitled to allowances.

• Inform the members of the Association within the first four (4) weeks of every academic year the expenditure, in detail, of sporting activities of the previous academic year. The expenditure shall be availed to an external auditor for scrutiny as provided for by this Constitution.

• Examine sports and games problems that may arise in order to provide practical solutions.

• HEALTH, CATERING AND ACCOMMODATION COMMITTEE

• Membership

Membership of this Committee shall be as follows:-

• Health, Catering and Accommodation Secretary; and

• All Health, Catering And Accommodation Secretaries from all campus councils

• The Health, Catering and Accommodation Secretary shall be the chairperson and spokesman of this committee based on the advice provided by its members.

Duties of the Health, Catering and Accommodation Committee

• Be the custodians of all records of communication related to Catering and Accommodation of the Association.

• Establish and maintain cordial relationships with Catering Department and Accommodation Department, Estate Department, Health Service Department and any other Departments within the University whose service affect the living environment of members of the Association.

• Liaise with the University Catering Manager for the provision of affordable meals to members of the Association within the University's dining hall.

• Ensure all members of the Association receive valuable and quality medical assistance from the University Hospital.

• In liaison with the Dean of Students Office, ensure that members of the Association live in proper and habitable facilities.

• Ensure that no fully registered member of the Association lacks accommodation and/or is marginalized in terms of Catering and Accommodation.

• Be the main consultative organ to the Parliament on any matter related directly or indirectly to catering and accommodation of members of the Association.

• ACADEMIC AFFAIRS COMMITTEE

• Membership

The membership of this Committee shall be:-

• Executive Academic Affairs Secretary; and

• Campus Council Academic Affairs Secretaries;

• The Academic Affairs Secretary shall be the Chairperson of this Committee.

• Duties of the Academic Affairs Committee

• Maintain all records on Academic Affairs of members of the Association made by this Committee before its tenure and during its tenure.

• Report any form of academic discrimination within the University to the University administration and receive and investigate any such complaints made by members of the Association.

• Ensure that no member of the Association suffers any form of academic harassment for failure to respond to or any form of corrupt advances made to any member of the Association.

• Organize a Public Lecture, seminar, exhibition or congress in consultation with the University at least once every academic semester for members of the Association.

• Ensure that academic facilities and service provided by the department are easily accessible by members of the Association.

• Avail to all members of the Association the academic programs of the University four (4) weeks before the end of each semester, with a reminder one week before the end of each semester.

• Facilitate the orientation of new members of the Association in the University.

• Enhance civic education on student related University policy, provide information on procedures and regulations on academic matters and the Constitution of the Association.

• Maintain cordial relationships with the Presidents of Departments, Deans and Directors of academic programs, academic advisors and academic staff.

• Be the main Consultative Organ to the Parliament on any matter directly or indirectly related to the academic affairs of members of the Association.

• Be directly answerable to the Parliament on any matter directly or indirectly related to the academic affairs of members of the Association.

• Monitoring the implementation of curriculum by lecturers in liaison with the Chairman of Department.

• Attendance and participation in departmental and school board meetings.

• SOCIAL WELFARE AND ETHICS COMMITTEE

• Membership

The membership of this Committee shall be:-

• Deputy President-Administration

• Deputy President-Welfare.

• All Campus Council Deputy Governors.

• Six (6) members co-opted from Religious groups and social clubs in the Association.

• The Deputy President-Administration of the Association shall be the chairperson of this committee.

• Duties of the Social Welfare and Ethics Committee

• Receive information on ethical and unethical conduct of members of the Association and University staff.

• Resolve conflicts through arbitration and promote peace and harmony in the University in line with the University core values.

• Recommend to the Parliament proposed penalties and ways of upholding good conduct and ethics for members of the Association.

• Identify and consider financially needy cases within the student population for consideration for financial assistance from the social welfare kitty.

• The committee shall be responsible for mobilization of resources towards the social welfare kitty.

• Be the main Consultative Organ to the Parliament on any matter directly or indirectly related to the conduct and ethics of members of the Association.

• SPECIAL NEEDS COMMITTEE

• Membership

The membership of this Committee shall be:-

• Secretary Special Needs;

• Six (6) members nominated by the Secretary Special Needs and approved by parliament; and

• Three (3) of these shall be members with disabilities as defined in this constitution.

• The other three (3) members shall be nominated from the Parliament.

• The Secretary Special Needs Secretary shall be the chairperson of this committee.

• Duties of the Special Needs Committee

• Be a link between JKUSA and representatives of other special needs professional bodies, The committee shall also maintain the links for the benefit of students with special needs

• Identify and address issues affecting students with special needs in the relevant forums,

• Receive complaints from students with special needs and through the secretary special needs air such complaints to the executive and parliament.

• Establish and maintain contact with, and provide information from, groups and Associations which work on disability issues.

• Monitor the college’s provision for students with disabilities, and bring failings in this provision to the attention of the association and the college.

• RECREATION AND ENTERTAINMENT COMMITTEE

• MEMBERSHIP

The membership of this Committee shall be;

• Executive Recreation and Entertainment Secretary

• All Campus Recreation and Entertainment Secretaries

The Executive Recreation and Entertainment Secretary shall be the chairperson of this Committee.

• DUTIES OF THE RECREATION AND ENTERTAINMENT COMMITTEE

• Be the custodians of communication related to recreation and entertainment events previously held or to be held in the University.

• Organize and host forms of entertainment approved by the JKUSA Parliament and appropriate to members of the Association.

• Ensure that there is orderliness during any entertainment event organized or hosted by this committee.

• Ensure that the Association's and University's property is protected from damage during entertainment events organized by or hosted by the committee.

• Keep and maintain all entertainment equipment belonging to the Association.

• Maintain an exhaustive inventory on all entertainment equipment belonging to the Association.

• Submit all financial proceeds accruing from hosting entertainment events to the Finance Secretary accompanied by financial documents in support thereof. Such documents used for transactions should be endorsed by the Finance Committee.

• Prepare a financial sheet within the first two (2) weeks of every semester showing the expenditure on entertainment events held the previous semester as well as returns from the same events. The financial sheet shall also indicate the amount of money deposited with the Finance Secretary.

• Collect from members of the Association recommendations or complaints regarding entertainment within the University.

• Submit a schedule to the JKUSA Parliament two (2) weeks after being sworn in on entertainment events it plans to host.

• Be the main Consultative Organ to the JKUSA Parliament on any matter related directly or indirectly to entertainment of members of the Association.

• Be directly answerable to the JKUSA Parliament on any matter directly or indirectly related to entertainment of members of the Association.

• EXTERNAL AFFAIRS COMMITTEE

• Membership

Membership of this Committee shall be as follows:-

• Executive External Affairs Secretary

• All Campus Council External Affairs Secretaries

Executive External Affairs Secretary shall be the chairperson of the Committee.

II) Duties of the committee

• Identify and propose external links outside the University.

• Advice the JKUSA Parliament on all external links identified and proposed by this committee.

• Establish and maintain all external links approved by at least two-thirds (2/3) of all members of the JKUSA Parliament with voting rights, and submit contacts of these links to the University Administration.

• Diligently keep copies of all records of communication with external links

• Keep and update a directory of the Association with all addresses of external links.

• Freely avail any information in its possession regarding contacts of any external links maintained or previously maintained by the Association to any interested member of the Association.

• Be the main Consultative Organ to the JKUSA Parliament during occasions of enhancing the image of the Association, or repairing the damage suffered by the Association due to any occurrence implicating it in the eyes of the public.

• Be directly answerable to the JKUSA Parliament on any matter directly or indirectly related to external affairs and of interest to the Association.

• Organize community service activities in and around the University.

• In consultation with the Dean of Students’ office, prepare a list of guest speakers to address the students’ body.

• CAMPUS COUNCIL COMMITTEES

• All committees shall comprise of members of the campus council, unless stated otherwise in this constitution. The roles of the committee shall be similar to the respective Executive Committees in this constitution but restricted to the respective campus.

Working Committees of the Campus Council.

The working Committees shall be headed by members of the Campus Committee. The working committees of the Campus Committee are as follows:-

• Finance Committee

• Membership

The Finance Committee shall be chaired by the Finance Secretary of the Campus Council. He/She shall be the chairperson of all meetings except when giving the financial report when a chairperson shall be elected. Membership is as follows:-

• Campus Governor.

• Campus Finance Secretary;

• Campus Secretary General;

• University Finance Officer of the respective campus or his representative; and

• Three (3) other members appointed by the Governor and approved by the Campus Council.

• Sports and Games Committee

• Membership

Members of this committee shall be as follows:-

• Sports and Games Activities Secretary + campus name

• Six (6) other members appointed by the Sport and Games Activity Secretary.

The appointed members above must be participating in a recognized sport activity in the respective campuses.

• Health, Catering And Accommodation Committee

• Membership

Membership of this Committee shall be as follows:-

• Health, Catering and Accommodation Secretary + campus name; and

• All Halls of residence representatives and the Non Resident Representatives

• The Health, Catering and Accommodation Secretary shall be the chairperson and spokesman of this committee based on the advice provided by its members.

• Academic Affairs Committee

• Membership

The membership of this Committee shall be:-

• Academic Affairs Secretary + campus name; and

• Departmental, Faculty, Schools', Institutes' Representatives

• The Academic Affairs Secretary shall be the chairperson of this Committee.

• Social Welfare and Ethics Committee

• Membership

The membership of this Committee shall be:-

• Deputy Governor + campus name;

• Three (3) nominated by the Deputy Governor and approved by campus council; and

• Six (6) members co-opted from Religious groups and social clubs and societies registered in the University.

• The Deputy Governor of the Campus Council shall be the chairperson of this committee.

• RECREATION AND ENTERTAINMENT COMMITTEE

• MEMBERSHIP

The membership of this Committee shall be;

• Recreation and Entertainment Secretary + campus name.

(ii) Six (6) other members elected from the Campus Council

The Recreation and Entertainment Secretary shall be the chairperson of this Committee.

• EXTERNAL AFFAIRS COMMITTEE

• MEMBERSHIP

Membership of this Committee shall be as follows:-

(i) The External Affairs Secretary + campus name.

(ii) Six (6) other members from the Campus Council

The External Affairs Secretary shall be the chairperson of the Committee members.

PART III:

THE APPENDICES 57

APPENDIX 1.

• General Meetings

Classes of General Meetings

There shall be three classes of general meetings of JKUSA, that is

a) The Annual General Meeting, hereinafter referred to as AGM;

b) The Special General Meeting, hereinafter referred to as SGM and;

c) Extra-ordinary General Meeting.

• Annual General Meeting (AGM)

The Annual General Meeting shall be held on the last Wednesday of January every year. Notice in writing of such AGM, accompanied by the Annual Report and Accounts and the Agenda for the meeting shall be sent to all members in not less than twenty-one (21) days before the date of the meeting and, where practicable, the notice of the meeting shall be advertised in the JKUSA website not less than fourteen (14) days before the date of the meeting.

An AGM may also be requisitioned for a specific purpose by a request to the Secretary-General by not less than three hundred (300) members and such meeting shall be held within twenty one (21) days of the date of the requisition. The notice for such meeting shall be sent out as stipulated in sub-article above and no matter shall be discussed other than that stated in the requisition.

The AGM shall be chaired by the association President.

The Agenda of any AGM shall consist of the following:

• Confirmation of minutes of the previous AGM;

• Tabling of Annual Reports and Accounts;

• Presentation of the Auditor's Report;

• Consideration and adoption of Annual Reports and Accounts;

• Such other matters as the Executive may decide or as to which notice shall have been given in writing by a member or members to the Secretary General at least four weeks before the date of the meeting;

• Any other business proposed my members with the approval of the president.

• Special General Meeting (SGM)

A SGM may be called for any specific purpose by the Parliament through the Secretary General.

Notice in writing of such meeting and agenda shall be sent to all members not less than seven (7) days before the date of such meeting. 58

• Extra–Ordinary General Meeting

An Extra – ordinary general meeting shall be called for any purpose or regarding any emergency by the president or in his absence the deputy president (administration) in their absence, any other member/members of the Executive.

The quorum of the Extra–Ordinary General Meeting shall be those members present at the meeting, provided that its decisions shall be subject to the approval of Parliament.

Quorum for General Meetings except that of the Extra–Ordinary General Meeting shall be 5% of the total JKUSA Members

APPENDIX 2.

1. Resignation and Suspension from Office

• Any official of the Association shall hand in his/her written notice of intent to resign, one week before resignation to the Secretary General and the Dean of Students. Such a letter shall also be copied to all Association Parliament members. At the expiry of the seven (7) days’ notice, she/he shall also publish a notice to this effect on the University notice board.

• Replacement of such an official will depend on the time of resignation. The official will be replaced if a period of more than one (1) month is left to the end of their 2nd semester after elections are held as provided for in the Constitution, otherwise no by-elections shall held. The position(s) will remain vacant if a period of less than one (1) month is left, in the 1nd semester after elections.

• The Secretary General can resign by submitting a written notice to the President of the Association. In the Campus councils the Secretary General can resign by submitting a written notice to the Governor. The same procedure as for the other officials will be followed.

• Any official of the Association can be suspended by the Association Parliament. The Parliament shall form a Disciplinary committee to investigate the official’s conduct and a report submitted to the members for voting. The decision shall pass if voted by two thirds (2/3) of the members and the Speaker shall publish a notice to this effect on the University notice board. Such suspension shall be for a period of not more than two months.

APPENDIX 3

• Referendum

• There shall be referendum, in which all members will be allowed to vote, shall be held on any issue, if,

• A referendum shall only be held if a proposal is supported by 30% of the total JKUSA members with representation from all campuses. However JKUSA parliament shall pass the proposal by a two thirds majority of its members.

• The president shall call a referendum if they are handed a petition detailing the issue and containing the name, course, registration number and signature of at least thirty percent (30%) of all JKUSA members with representation from all campuses.

• The chief returning officer shall be responsible for deciding the wording of the question on the referendum ballot paper.

• The referendum shall be supervised by the chief returning officer.

• The result of a referendum will take priority over any existing Association policy on the same issue.

APPENDIX 4.

i. Code of Conduct

• The executive committee shall draw up a code of conduct according to the constitution of Kenya and the University Act which shall be approved and amended from time to time by JKUSA parliament.

• All members of the association shall be required to adhere to this code, particularly when on JKUSA premises, or attending events organized by the Association.

• The code of conduct may include restrictions up to and including the unlimited suspension of any or all of the rights of Association membership.

APPENDIX 5.

DISSOLUTION, IMPEACHMENT AND RIGHT OF RECALL

• Normal dissolution

The Executive, Parliament and Campus Council shall be dissolved automatically as soon as the election date for the next Executive, Parliament and Campus Councils is announced. However, the members will continue to perform their day to day activities in a caretaker capacity. New elections shall be held as provided for in this Constitution.

• Dissolution through vote of no confidence

• An elected official’s constituents shall have the right to recall an official. A vote of no confidence may be initiated through a precisely stated petition bearing the names, class year, and the signatures of at least two thirds (2/3) of the members of the Association.

• The petition shall be handed to the Dean of Students within a period of two (2) weeks of intended date of oust. The Dean of Students shall investigate the allegations and may call a General Meeting of the students to discuss the petition.

• At the meeting, the points of view of both the electorate and the Executive or Campus Council member concerned shall be held before a vote of no confidence is taken. The electorate shall then vote on the petition.

• The Executive or Campus Council shall then be dissolved by a resolution passed at a general meeting of members by a vote of two-thirds (2/3) of the members present.

• The quorum at the meeting shall be as for a General Meeting. If no quorum is obtained, the proposal to dissolve shall be resubmitted, to a further General Meeting which shall be held three weeks later. Notice of this meeting shall be given to all members of the Association at least fourteen (14) days before the date of the meeting. The quorum for this second meeting

shall be not less than a third of all the members. If the quorum is not realized, the matter shall be resubmitted to a further General Meeting which shall be held three weeks later. Notice of this meeting shall be given to all members of the Association at least fourteen (14) days before the date of the meeting. The quorum for this third meeting shall be the number of members present.

• On dissolution of the Executive or Campus Council, the members shall then elect a stand-by Executive to take care of the student’s affairs until a new Executive or Campus Council is elected into office.

• Impeachment

• Member of the JKUSA Parliament supported by at least two thirds of all Members of Parliament may move a motion for impeachment of any member of the Executive other than the Campus Councils:-

• On the ground of gross violation of the JKUSA constitution, the Constitution of Kenya or any other written law; or

• Abuse of office; or

• Where there are serious reasons for believing that the official has committed a crime under any other written law; or

• For gross misconduct

i. If a motion under clause one (1) is supported by at least two thirds of all the Members of the JKUSA Parliament, the Speaker of the Parliament shall convene a meeting of the Parliament to hear charges against the official.

ii. The Parliament may by special resolution appoint an ad hoc Committee comprising eleven of its members to investigate the matter and report back to Parliament within ten days whether it finds the particulars of the allegations against the official to have been substantiated.

iii. The official shall have the right to appear and be represented before the ad hoc Committee during its investigation.

iv. If the ad hoc Committee reports

• that the particulars of any allegation against the officials have not been substantiated further proceedings shall not be taken in respect of that allegation; or

• Have been substantiated, the Parliament shall after according the official the opportunity to be heard, vote on the impeachment charges.

i. If at least two thirds of all members of Parliament vote to uphold any impeachment charge, the official shall cease to hold office. The parliament decision shall then be final and the speaker will submit the name(s) of the member to the office of dean.

• Right of recall of campus councils

• There shall be right to recall Campus Council members.

• A Campus Council member(s) shall be recalled on the following grounds:

• Abuse of office; or

• Inability to perform duties assigned to him due to mental incapacitation; or

• Gross violation of the Constitution of Kenya 2010, this Constitution and any other written law.

• The procedure for recall shall be as follows:

• A member(s) of the concerned campus supported by at least two thirds of the members of JKUSA from that campus can lodge a petition to JKUSA Parliament.

• Once the petition is received by the JKUSA Parliament, the Speaker shall appoint a Committee of eleven members to investigate the allegation.

• The Committee shall report to Parliament the findings within a period of seven days and may recommend that the Representative be recalled.

• The matter shall thereafter be subjected to a vote: if two-thirds of members of JKUSA Parliament vote in support of the motion, the Representative shall stand recalled.

• Right of recall of members of parliament

• There shall be a right to recall member(s) parliament.

• A member of parliament shall be recalled on the following grounds:

• Abuse of office; or

• Inability to perform duties assigned to him due to mental incapacitation; or

• Gross violation of the Constitution of Kenya 2010, this Constitution and any other written law.

• The procedure for recall shall be as follows:

• A member(s) of the Association supported by simple majority of the members of JKUSA or students of the respective constituency gather 200 signatures can lodge a petition to JKUSA Parliament.

• Once the petition is received by the JKUSA Parliament, the Speaker shall appoint a Committee of eleven members to investigate the allegation.

• The Committee shall report to Parliament the findings within a period of seven days and may recommend that the Representative be recalled.

• The matter shall thereafter be subjected to a vote: if two-thirds of members of JKUSA Parliament vote in support of the motion, the Representative shall stand recalled.

• The speaker shall then forward the names to the Office of the Dean.

This constitution shall be read and construed according to the laws of Kenya.

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