THE CONSTITUTION OF NEW DEMOCRATS

 22ND  JULY 2016

ARRANGEMENT OF ARTICLES

PREAMBLE.. 3

ARTICLE 1: NAME, MOTTO, SYMBOL AND PARTY SLOGAN.. 4

ARTICLE 2: THE AIMS AND OBJECTIVES OF THIS PARTY.. 4

ARTICLE 3: MEMBERSHIP QUALIFICATION, RIGHTS AND DUTIES. 6

ARTICLE 4:  PARTY ORGANS/OFFICES: 7

ARTICLE 5   NATIONAL OFFICIALS. 13

ARTICLE 6:  DUTIES OF NATIONAL OFFICERS. 13

ARTICLE 7   COUNTY BRANCHES. 18

ARTICLE 8:  CONSTITUENCY BRANCHES. 19

ARTICLE 9:  WARD BRANCHES. 20

ARTICLE 10: DISCIPLINARY PROCEDURES. 21

ARTICLE 11: TERMINATION OF MEMBERSHIP. 22

ARTICLE 12: FINANCE.. 22

ARTICLE 13: ACCOUNTS AND AUDIT. 23

ARTICLE 14: MISCELLANEOUS PROVISIONS. 23

ARTICLE 15: PROPERTY OF THE PARTY.. 25

ARTICLE 16: INSPECTION OF ACCOUNTS AND LIST OF MEMBERS. 25

ARTICLE 17: AMENDMENT OF THE CONSTITUTION.. 25

ARTICLE 18: DISSOLUTION. 25

PREAMBLE

WE, the members of NEW DEMOCRATS,

REALISING the need to continuously contribute to the political, economic and social development of our country,

ACKNOWLEDGING that the aspirations of all Kenyans is for a well governed Country based on democracy and the rule of law,

EXERCISING our right of association to determine the kind of country we want though our party.

DESIROUS of bonding together in a political party in exercise of that right,

RESOLVE to constitute this party into a progressive, uniting and democratic Union for all Kenyans and;

DO HEREBY give to ourselves this Constitution

ARTICLE 1: NAME, MOTTO, SYMBOL AND PARTY SLOGAN

The Name of the political party is NEW DEMOCRATS (ND) (In this Constitution referred to as “the party”)

  • The Party’s headquarters shall be located at Nairobi, Kenya or any other place permitted under the Constitution of Kenya.
  • The provisions of this Constitution are supreme and shall bind all members except where it is inconsistent with the constitution of the Republic of Kenya or any other Laws of the Republic of Kenya.
  • The motto of the party is “ERADICATION OF POVERTY
  • The Party Symbol shall be: BRIDGE — (DARAJA)
  • The Party slogan shall be; TOGETHER WE CAN’ (PAMOJA TUNAWEZA)
  • The Party colors will be ; RED,WHITE & BLUE.

ARTICLE 2: THE AIMS AND OBJECTIVES OF THIS PARTY

Serve as a political party with the view of establishing a constitutional government. The goal of the party is to mobilize, organize and operate as a democratic political party to positively influence and promote good governance in the Republic of Kenya and to ultimately control, through democratic process, political power in the country to positively promote and advance the political, economic, social and cultural welfare of all Kenyans. The aims and objectives of this Party are:

  • To promote democratic governance.
  • To articulate, popularize and implement pro-people programmes geared towards the economic empowerment of the masses and eradication of poverty.
  • To articulate, popularize and implement programmes geared towards promoting transparency in government and accountability of public office bearers.
  • To protect and promote human rights, civil liberties, freedoms and rights of the individual and group rights including the rights of Women, Youth, the Disabled and Children
  • To promote the rule of law under an independent and impartial Judiciary.
  • To advocate and work for the establishment of free and independent trade unions, interest groups, professional organizations and welfare association;
  • To secure equal social and economic opportunities for all Kenyans;
  • To provide and improve health, social and welfare services so that the people can fully enjoy the fruits of their industry and labor and to raise their standard and quality of life of all Kenyans;
  • To set up medical schemes that will see Kenyans access affordable health care services;
  • To ensure that the interests of the youth are fully integrated into economic policies.
  • To promote and support pastoral, agricultural economy and initiate relevant programmes aimed at sustaining the livelihood of those who depend on it and their contribution to national development;
  • To eliminate all forms of disparities in development between the regions and between sectors of the population;
  • To ensure the promotion of domestic and foreign investments while safeguarding the local economic enterprise vis-à-vis the global free market economy;
  • To advocate for a sound economic investment and monetary policies in order to achieve rapid and sustainable human and physical development;
  • To recognize the cultural diversity of Kenyans and to promote and enhance the positive aspects of such culture in all spheres of national development and to discourage retrogressive cultural practices;
  • To advocate for the conservation and improvement of the management of the environment and natural resources;
  • To improve and set up the transport and communication infrastructure of the country, to be in line with international standards;
  • To re-plan the cities in Kenya in a determined effort to address the issues of increased population and congestion in the cities, traffic and pollution;
  • To endeavor to settle the homeless at a subsidized cost commensurate with the financial capacity of those who are homeless;
  • To educate and create awareness among Kenyans on public matters, issues and policies with a view to enhancing and maintaining a just, open and fair system of government;
  • To advocate that all national wealth and resources of Kenya are conserved and responsibly harnessed, exploited and equitably distributed for the good of all Kenyans and future generations and to ensure Kenyans enjoy their wealth from among others, tourism, agriculture, mineral resources ( both those discovered and those that will be discovered in future);
  • To support and promote regional and international organizations or groupings aimed at the achievement of rapid social and economic development;
  • To harness and exploit the good will Kenya has both locally and internationally:
  • To advocate and promote the united Nations Conventions, Treaties, Declarations, and any other internationally recognized instruments that are not against Kenya’s national interests, beliefs, aspirations and sovereignty and to ensure their domestication and compliance to Kenyan Laws and Rules;
  • To promote gender and marginalized groups’ participation in the conduct of public affairs;
  • To field candidates for the Presidential, Senatorial, Parliamentary, Governorship and County elections as well as other elective posts;
  • To seek ways and means to promote, if and where necessary, alliances and coalitions, and merges of political parties with a view to promote unity and peace in the country;
  • To advocate for strengthening of Parliamentary Committees, county and civic authorities for the effective operation of a representative and functional government;
  • To initiate and establish income generating activities for  faster realization of these objectives;
  • To recruit members;
  • To form branches all over Kenya;
  • To invite and facilitate the participation of all Kenyans in the Diaspora towards the achievement of New Democrat’s objectives, philosophies, manifestos, agenda and programmes meant to facilitate the amendment of the Constitution of Kenya to reflect the beliefs, aspirations, interests and sovereignty as suits Kenyan circumstances.
  • Articulation and implementation of policies aimed at promoting the worth and dignity of all humanity.
  • To nominate Party candidates in respect of the Presidential, Senatorial, Parliamentary, Governorship, and County elections.
  • To ensure the strength of National Assembly, County Parliaments, Parliamentary Committees for the effective operation of a representative government.
  • To promote and establish a fair and just leadership in the governance of the country, devoid of corruption, nepotism and all forms of discrimination.
  • To establish Branches in every Ward, Constituency, County in all parts of Kenya.
  • To establish a Women’s League from sub Locations through locations, Wards, Constituencies, Counties to National Levels.
  • To establish a Youth League from sub Locations through locations, Wards, Constituencies, Counties to National Levels.
  • The party shall adopt democratic methods for the propagation and realization of its goals.

ARTICLE 3: MEMBERSHIP QUALIFICATION, RIGHTS AND DUTIES.

  • Membership of the party is open to all Kenyan citizens, whether resident or non resident who believe in the goals of the party regardless of religious creed, color, tribe or sex.
  • All members shall have the right to participate fully in the activities of the party and to aspire to any position of responsibility within the party or any public office on the platform of the party.
  • Kenyan citizens eligible and desiring memberships of the party may apply either verbally or in writing to any authorized official or agent of the party for enrolment. On enrolment, each member shall be issued with a membership Card.
  • Membership shall be in the following categories:
    1. Ordinary membership.
    2. Life membership.
    3. Honorary Members.
  • Each ordinary member of the Party shall pay an annual subscription of k 20/= or as otherwise determined by the Party, while other membership shall be determined from time to time by the (NEC).
  • A member who is not up-to-date in the payment of his/her membership fee as may be fixed from time to time by the National Executive Council shall not be eligible to vie for a position within the Party or vote at any meeting of the Party.
  • A person shall cease to be a member of the party if he/she resigns from the Party by giving notice of his / her resignation in writing to the Secretary of the Party or if he/she is expelled in accordance with the provisions of this Constitution.
  • A person who has ceased to be a member shall be liable to return all properties of the party in his/her possession.
  • Every member aspiring to be elected to a public office on the platform of the Party shall be required to subscribe to the party’s code of conduct as prescribed in this constitution.
  • A member may decide to convert his/her membership from one type to the other by paying the prescribed fees as may be recommended by the National Executive Council. 

ARTICLE 4:  PARTY ORGANS/OFFICES:

There shall be the following party organs which shall be vested with various duties as per this

Constitution;

  1. The Summit Council (SC)
  2. National Delegates Congress (NDC)
  3. National Executive Council (NEC)
  4. National Organizing Committee (NOC)
  5. National Elections Board (NEB)
  6. Women’s League (WL)
  7. Youth League (YL)
  8. National Secretariat (NS)
  9. County Branch Committee (CNC)
  10. Constituency Branch Committee (COBC)
  11. Ward Branch Committee (WBC)

4.1        THE SUMMIT COUNCIL (SC).

4.1.1        There shall be a supreme organ called the summit council. The summit council shall be the most highest organ of the party and shall determine party policy.

4.1.2        The summit shall be composed of seven (7) special selected delegates within the party who shall be mandated to oversee and sanction all decisions reached by all other party Organs.

4.1.3        The composition of the summit shall include the most senior members of the party Including:-

  1. The national chairperson
  2. The national secretary general
  3. The national treasurer
  4. The deputy party leader. and a list of other three (3) members who shall be selected from (NDC)provided that one third(1/3) be of either gender.

4.1.4        All members of the summit council shall contribute a minimum of Three (3) Million Kenya shillings to qualify for selection to the summit council.

4.1.5        Any nec member who is not a summit council member whether elected or appointed may Subject to approval allowed to sit in a summit council meeting but such a person shall Neither count in reckoning the quorum nor have a voting right.

4.1.6     A (SC) member whether elected or appointed shall cease to be a member of the summit council If he/she dies, or resigns, or is cognitively dysfunctional based on a doctors recommendation) or is removed from office based on other provisions of this constitution.

4.1.7        The summit council may hold meetings on regular basis to discuss party progress under Chairmanship of the National Chairperson. All summit council meetings shall be called by National Secretary General upon giving a seven days notice to all (SC) members.

  • NATIONAL DELEGATES CONGRESS (NDC)

4.2.1          The National Delegates Congress shall be the highest organ of the party and shall determine Party policy.

  • It shall consist of delegates who shall be Party Members from each County of the Country.
  • The National Executive Council shall decide the mode of choosing delegates and number of delegates to represent each County and shall ensure that each Ward is represented.

4.2.4           Every other member of the party who is not a delegate may subject to the approval of the NEC, attend meetings of the national congress but such a person shall neither count in reckoning the quorum nor have a voting right.

  • The National Delegates Congress shall also include all Party members who shall at that time be:
  1. A sitting President
  2. A sitting Deputy President
  3. Sitting Members of Parliament
  4. Sitting Senators
  5. Sitting Governors
  6. Sitting Deputy Governors
  7. Sitting Ward Representatives.
  • A meeting of the National Delegates shall be convened by the National Executive Committee through the Secretary General of the party, every five (5) years by giving a 21 days’ notice to all Branch offices for the following purposes:
  1. To receive, consider and accept the Report of the National Executive Council on the activities and finances of the party and such other reports from sub-committees as may from time to time be constituted by the congress.
  2. To elect new members to replace any positions that might have fallen vacant either through defections, resignations or death at the Party’s National Executive Council provided that nothing in this sub-clause shall preclude any National Delegates Congress from recalling and/or removing and replacing any national officer(s) for inefficiency or anti-party activities by more than fifty percent of the delegates present at the annual national congress at its absolute discretion
  3. To discuss the affairs of the party and to take such decisions and/or give general guidelines as may be necessary for the progress and proper working of the party for implementation by the National Executive Council and other appropriate organs of the party
  4. To undertake such other responsibilities as may be stipulated in any other part of this, An extra ordinary meeting of the National Delegates may be convened in periods between one National Delegates Meeting and another at the instance of either the National Executive Council or on the signed petition of at least thirty three percent (33%) of the registered members at the time.  This percentage shall be spread across all the county branches of the party, for the purpose of considering any matter proposed by the convening body.  Such a meeting, where requisitioned by the required percentage of registered members, shall be held not later than six weeks after the submission of the requisition.
  • Quorum at all meetings of the National Delegates shall be one-third of delegates entitled to attend such meeting failing which the meeting shall be postponed to a day not later than one month after the date of the failed meeting.  If at the latter date a quorum shall not be present then the meeting shall be postponed for another one month at which if a quorum shall still not be present then any number of members exceeding ten percent of expected delegates shall be deemed to constitute a quorum for the purposes of the particular meeting.
  • The delegates may in the absence of the Party Leader or any other person acting in his/her stead appoint one of their members to preside over any meeting of the National Delegates Congress.  The same shall be the case where the Party Leader attends but declines to preside.
  • Voting on issues other than election of officers at any meeting of the National Delegates congress shall be by show of hands unless at least one half of the delegates present demand that same shall be by secret ballot and decisions shall be by a simple majority of delegates present and voting except otherwise provided elsewhere in this constitution.
  • All registered delegates shall be entitled to one vote each during  national party
  • NATIONAL EXECUTIVE COUNCIL (NEC)

The National Executive Council shall be the highest Executive Organ of the party and shall have mandate to make all the decisions for the welfare and development of the party. One third i.e (1/3) of the NEC members must represent either gender.

  • The NEC shall consist of the
  1. Party Leader
  2. Deputy Party Leader
  3. National Chairperson
  4. Deputy National Chairperson
  5. Secretary General
  6. Deputy Secretary General
  7. Treasurer
  8. Deputy Treasurer
  9. National Organizing Secretary
  10. Deputy Organizing Secretary
  11. Women’s League Chairperson
  12. Women’s League Deputy Chairperson
  13. Youth League’s Chairperson
  14. Youth League’s Deputy Chairperson
  15. Special Interest Group’s Chairperson
  16. Special Interest Group’s Deputy Chairperson
  17. Secretary for Constitutional and Legal Affairs
  18. Director of the National Secretariat
  • The National Executive Council shall direct the activities of the party and ensure the implementation and realization of its programmes and objectives. It shall have power to set up sub-committees and to put in place all structures, mechanisms and initiate any action necessary for the efficient and effective workings of the party.
  • The NEC shall have the power to fill vacancies in its membership pending a meeting of the National delegates Congress and shall also have the power to fill vacancies in all other committees, boards and secretariats of the Party.
  • Meetings of the National Executive Council shall be convened by the Secretary General after    consultation with and with the approval of the Party Leader and the National Chairperson.

4.3.5   The NEC shall appoint a Secretary for Constitutional and Legal Affairs and the Director of the National Secretariat.

4.3.6   The NEC may invite the Secretary for Constitutional and Legal Affairs and the Director of     the National Secretariat to attend NEC meetings, but the Secretary for Constitutional and Legal    Affairs and the Director of the National Secretariat shall not be entitled to vote at any meeting of the NEC.

  • In the event of a tie in any vote of the NEC, the Party Leader shall have the deciding vote. A member of the NEC whether elected or appointed shall cease to hold office if he/she resigns or dies or is cognitively dysfunctional (based on physician certification) or is removed from office in accordance with the provisions of this constitution.

4.3.8 The National Executive Council with the approval of the National Delegate’s Congress shall    have powers to create or abolish any type of membership as the circumstances may permit from time to time.

  • NATIONAL ORGANIZING COMMITTEE (NOC)
  • There shall be a National Organizing Committee of the Party consisting of members of the National Executive Council and the chairpersons of all County Branches.
  • Meetings of the National Organizing committee shall be convened at least once every year by the National Secretary General after consulting and with the approval of the National Executive Council
  • The National Organizing Committee shall be Chaired by the Party Leader, in his/her absence, the Deputy Party Leader.

4.4.4     In the absence of both the Party Leader and his/her Deputy, the NOC shall be chaired    by   the National Chairman or his/her Deputy.

4.4.5   In the absence of both the National Chairman and his/her Deputy, the NOC shall be chaired by the National Organizing Secretary or his/her Deputy.

4.4.6    Quorum shall be one third of its members and its decisions shall be by a simple majority         of those present and voting.

  • Voting shall be by show of hands except otherwise demanded by at least half of the members present and every member in attendance shall be entitled to one vote.
  • NATIONAL ELECTIONS BOARD (NEB)
  • There shall be a National Elections Board that shall be established within the party to plan, organize, co-ordinate and facilitate all Party internal elections.
  • The NEB shall be mandated to conduct all Party Presidential, Senatorial, Parliamentary, County, Governors and Ward Representative’s nominations throughout the Republic of Kenya, in readiness for National General Elections or by- elections.
  • The Nomination procedures of the Party shall be in accordance with the nomination rules made in accordance with the Political Parties Act and as per established in the party’s nomination rules and regulations.
  • The Deputy Party Leader shall be Chairperson of the National Elections Board in charge of the nominations and shall be responsible for submitting the list of nominated candidates under the Party, to the Independent Electoral and Boundaries Commission (IEBC).
  • The National Executive Council shall appoint the National Elections Board, consisting the Director of Elections and not more than five other members of the National Elections Board, who must be party members prior to their appointment to the National Elections Board.
  • The secretary for constitutional and legal affairs and the Director of the National Secretariat shall be ex-official members of the National Elections Board and shall not have voting rights at any meeting of the National Elections Board.
  • The national elections Board shall develop its own calendar and rules to guide its operations under the guidance of the parties nomination rules and regulations subject to the approval of the National Executive Council and shall work in consultations with the National Executive Council
  • The national secretariat shall provide secretarial and material support to the National Elections Board for the successful performance to its operations.
  • The Members of the National Elections Board shall serve for a term of five (5) years and are eligible for reappointment at the expiry of their term.
  • NATIONAL SECRETARIAT (NS)
  • There shall be established a National Secretariat which shall be headed by an Executive Director who shall be assisted by Deputy Executive Directors.
  • The Executive Director and his/her Deputies shall be appointed by the National Executive Council, and shall be responsible for overall coordination of party activities, budget and resource and programmes management.
  • The National secretariat shall operate directly under the National Executive Council
  • The Executive Director of the National secretariat shall report to the National Executive Council.
  • The National Executive Council shall determine the number and designation of the departments within the National Secretariat.
  • The National Secretariat shall co-ordinate all party operations including Campaign rallies, operations, strategies, fundraising, networking, voter outreach and recruitment and communications.
  • The National secretariat shall also be responsible for the implementation of party decisions delegated to it by the National Executive Council and the maintenance of all party records.
  • WOMEN’S LEAGUE (WL)
  • There shall be a Women’s leadership wing of the Party that shall be called the NEW DEMOCRATS Women’s league.
  • Membership to the Women’s league shall be open to all women who are members of the party.
  • The Women’s league shall be lead at the National level, by the National Women’s league Chairperson.
  • The County, Constituency and Ward branches shall elect their respective Women’s League Chairperson and Deputy Chairperson, under the guidance of the respective Branch Executive Committee.
  • All officials shall be elected and hold office in accordance with the rules established by the National Elections Board.
  • The National Women’s League Chairperson shall direct the activities in regard to women within the party in consultation with the National Executive Council.
  • The Women’s league shall develop policies geared to influence the improvement of women conditions, recruitment, and mobilization, and championing of women rights and representation within the party and in the country.
  • YOUTH LEAGUE (YL)
  • There shall be a Youth leadership wing of the Party that shall be called the NEW DEMOCRATS Youth league.
  • Membership to the Youth league shall be open to all persons who are members of the party and have attained the age of eighteen years but are not above thirty five years of age.
  • The Youth league shall be lead at the National level, by the National Youth league Chairperson.
  • The County, Constituency and Ward Branches shall elect their respective Youth League Chairperson and Deputy Chairperson, under the guidance of the respective Branch Executive Committee.
  • All officials shall be elected and hold office in accordance with the rules established by the National Elections Board.
  • The National Youth League Chairperson shall direct the activities in regard to Youth within the party in consultation with the National Executive Council.
  • The Youth league shall develop policies geared to influence the improvement of Youth conditions, recruitment, and mobilization, and championing of Youth rights and representation within the party and in the country.

ARTICLE 5:  NATIONAL OFFICIALS

  • The party shall have the following elected National officials;
  • Party Leader
  • Deputy Party Leader
  • National Chairperson
  • Deputy National Chairperson
  • National Secretary General
  • Deputy National Secretary general
  • National Treasurer
  • Deputy National Treasurer
  • National Organizing secretary
  • Deputy National Organizing secretary
  • National Women’s League Chairperson
  • Deputy National Women’s League Chairperson
  • National Youth League Chairperson
  • Deputy National Youth League Chairperson
  • National Special Interest Group Chairperson
  • Deputy National Special Interest Group Chairperson
  • The party shall have the following appointed National officials;

 

5.2.2     Director of the National Secretariat

5.2.1     Secretary for Constitutional and Legal Affairs

  • All national officials shall be elected at the National Delegates Congress.
  • All national officials shall hold office for a term of five (5) years and shall be eligible for re-election at the expiry of the term of office.
  • For the purposes of fulfilling the constitutional gender mandate, the composition of the NEC officials shall reflect the two thirds gender equity. All other committees shall adopt the two thirds gender equity.

ARTICLE 6: DUTIES OF NATIONAL OFFICERS

  • THE PARTY LEADER

 There shall be established the office of the Party Leader who shall be elected at the annual general meeting. Duties of the party leader shall include general organization of the party’s structure, programs and guidance to the executive arm of the party. He/she shall:

  • Be the leader of the Party and shall provide leadership and vision of the party and preside over meetings of all National Organs of the party.
  • Shall champion the party’s campaign to and charter a clear course or strategy for the achievement of the party’s vision and aspirations.
  • He / She shall present a report on party activities at meetings of the National Delegates Congress of the Party.
  • In the event of a tie during voting in any meeting, he/she shall have a casting vote.
  • He/she shall provide wise counsel and judicious directives to National officials specifically or to party members in general on any matter in dispute or under controversy within any party organ or amongst party members.
  • He / she shall be a signatory to the National Bank Accounts of the party.
  • He / she shall be a signatory to the Party’s nominations certificates for purposes of nominating candidates for all electoral positions for the National General Elections or by-elections
  • He/she shall perform all other functions that may be assigned to him/her by the party from time to time or under any other provision of the constitution.

6.1.2.     THE DEPUTY PARTY LEADER

There shall be the office of the Deputy Party Leader who shall work closely with the National Party Leader. The Deputy Party Leader:

  • Shall assist the Party Leader and carry out the duties of the Party Leader in His/her absence.
  • Shall be the principal deputy to the Party Leader and shall perform such duties and functions as might be delegated to him/her by the party leader.
  • Shall assist the Party Leader in developing policy formulation processes, development and strategic planning.
  • He/she shall be a signatory to the Party’s nominations certificates for purposes of nominating candidates for all electoral positions for the National General Elections or by-elections.
  • He/she shall be a signatory to the party’s national account.
  • Shall perform such other duties and assignments as might be conferred upon by the National Executive Council.

6.1.3.     THE NATIONAL CHAIRPERSON.

There shall be one National Chairperson who shall be elected at the annual delegates’ congress. He /She shall provide Leadership assist in developing and articulating the party’s policies.

  • He/she shall maintain discipline and proper order in the party in accordance with this constitution.
  • He/she shall ensure adherence to party policy by Party officials, members and the party Parliamentary group, the senate and the county leadership groups and maintain liaison with other democratic parties and movements in Kenya, Africa and the World.
  • He/she shall be a signatory to the National Bank Accounts of the party.
  • He/she shall be a signatory to the party’s Nomination certificates for the purposes of nominating candidates for all electoral positions for the National General Elections or by-elections.
  • He / She shall perform all other functions that may be assigned to Him/her by the Party Leader or the National Executive Council of the party.

6.1.4.        THE NATIONAL DEPUTY CHAIRPERSON

  • He / She shall, on behalf of the National Chairperson, coordinate party activities within all the forty (47) counties within the republic and maintain constant contact with all the county chairpersons.
  • He/she shall be the principal assistant to the national Chairperson and shall assist and advice the National Chairperson in formulating policies and programmes for effective operation.
  • He/she shall carry out such other functions such as may be assigned to him / her by the Party Leader or the National Executive Council of the Party.
  • THE NATIONAL SECRETARY GENERAL
  • He/she shall direct and execute all administrative and secretarial functions of the Party.
  • He/she shall maintain the membership register of the party.
  • He/she shall make sure all party policies are executed to the grassroots and keep constant contact with all party structures within the National, County, Constituency and the Wards level.
  • The Secretary General shall ensure that all meetings including the National Executive Council, The National Organizing Committee, The National Delegates Congress take place as per provided in this constitution or as may be decided upon by the National Executive Council.
  • He/she shall keep proper documentation of all correspondences and communications and other records of the party.
  • He/she shall take and keep minutes of the meetings of all National Organs of the party assist in coordination of all the county secretariats to make sure all party decisions and policies are communicated from the National level to grassroots .
  • He/she shall be the custodian of all the properties of the party, excluding funds.
  • He /She shall be a signatory to the party’s nomination certificates for the purposes of nominating candidates for National General Elections or By-elections.
  • He /she shall be a signatory to the National Bank Accounts of the Party
  • He/she shall prepare in consultation with the Party Leader a full and comprehensive Annual Report on the affairs of the Party for presentation at the Annual Meeting of the National Executive Council of the party.
  • He/she shall perform all other functions that may be assigned to him by the Party Leader or the National Executive Council of the Party.

6.1.6.    THE DEPUTY NATIONAL SECRETARY GENERAL

  • He/she be Principal assistant to the Secretary General and shall assist the National General Secretary in the performance of his/her duties.
  • He/she shall perform the functions of the National Secretary General in his/her absence or incapacitation.
  • He/she shall carry out such other functions as may be specifically assigned to him/her by the National Executive Council.

6.1.7.   THE NATIONAL TREASURER

  • He/she shall direct all fund mobilization efforts of the Party With approval from National Executive Council. He/she shall keep constant contact with all counties and branches to ensure all party programmes are executed on time.
  • He/she be the custodian of all party funds and shall receive all the monies due to the party and pay same into the Party’s accounts within 24 hours of receipt or as soon as possible thereafter.
  • He/she shall issue receipts for all monies of the Party received by him/her.
  • He/she shall prepare all payment vouchers duly approved by the National Chairman and the National Secretary General and ensure that such payments are properly authorized by the party.
  • He/she shall disburse all expenses duly authorized by the National Executive Council or by the Party Leader or chairperson and keep copies of the payment vouchers.
  • He/she shall maintain an impress account of an amount as approved by the National Executive Council from time to time.
  • He/she shall maintain a true and accurate record of all receipts and shall present a yearly Financial Reports to the Annual Meeting of the National Executive Council of the Party and the National Delegates Congress of the Party.
  • He/she shall present to the National Executive Council a quarterly statement of the Party’s Account.
  • He/she shall make financial records available to the appointed Auditors upon request.
  • He/she shall be a signatory to the National Bank Accounts of the Party.
  • He/she shall carryout such other functions as may be specifically assigned to him/her by the National Executive Council.

6.1.8. THE DEPUTY NATIONAL TREASURER

  • He/she shall assist the National Treasurer in the performance of his/her duties. He shall assist in mobilization of all county and branch offices and coordinate funds collections and disbursements within the counties.
  • He/she shall perform the function of the National Treasurer in his/her absence or incapacitation.
  • He/she shall carry out such other functions as may be specifically assigned to him/her by the National Executive Council.

6.1.9.   NATIONAL ORGANIZING SECRETARY

  • He/she shall be responsible for promoting and mobilizing Party’s activities including membership recruitment at the National, County, Constituency and Ward levels.
  • He/Shall Shall maintain constant contact with all party structures from all the branches and liaise with other National officials for disbursement of all information.
  • He/she shall assist the National Secretary General maintain the membership register of the party.
  • He/she shall with the assistance and consultation with the National Executive Council, plan, direct and coordinate all the party’s campaign programme.

6.1.10.   THE DEPUTY NATIONAL ORGANISING SECRETARY

 He/she shall assist the National Organizing Secretary in the performance of his/her duties.

  • He/she shall perform the functions of the National Organizing Secretary in his/her absence or incapacitation.
  • He/she shall carry out such other functions as may be specifically assigned to him/her by the National Organizing Secretary, or/and National Executive Council.

6.1.11   WOMEN’S LEAGUE CHAIRPERSON

  • She shall Chair the Women’s League Committee which shall be responsible for mobilization of women and coordination of women affairs in the Party.
  • She shall assist the National Executive Council in the formulation of policies geared towards securing full participation and involvement of women in the activities of the party and the governance of Kenya.
  • She shall assist the National Executive Council in the formulation of policies on matters of interest or concern to women.
  • She shall carry out such other functions as may be specifically assigned to her by the National Executive Council.

6.1.12. DEPUTY WOMEN’S LEAGUE CHAIRPERSON

  • She shall assist the National Women’s league Chairperson in the performance of her duties.
  • She shall perform the functions of the National Women’s league Chairperson in her absence or incapacitate.
  • She shall carry out such other functions as may be specifically assigned to her by the National Executive Council.
  • YOUTH LEAGUE CHAIRPERSON
  • He/ She will Chair the Youth League Committee which shall be responsible for mobilization of Youth and coordination of Youth affairs in the Party.
  • He /she shall assist the National Executive Council in the formulation of policies geared towards securing full participation and involvement of Youth in the activities of the party and the governance of Kenya.
  • He/she shall assist the National Executive Council in the formulation of policies on matters of interest or concern to Youth.
  • He / she shall carry out such other functions as may be specifically assigned to him / her by the National Executive Council.

6.1.14. DEPUTY YOUTH LEAGUE CHAIRPERSON

  • She shall assist the National Youth League Chairperson in the performance of his /her duties.
  • She shall perform the functions of the National Youth League Chairperson in his/her absence or incapacitation.
  • She shall carry out such other functions as may be specifically assigned to him / her by the National Executive Council.

6.1.15   SPECIAL INTEREST GROUP CHAIRPERSON

  • He / She shall Chair the Special Interest Group’s Committee which shall be responsible for mobilization of persons with special interests and coordination of their affairs in the Party.
  • He /she shall assist the National Executive Council in the formulation of policies geared towards securing full participation and involvement of special interest group’s in the activities of the party and the governance of Kenya.
  • He/she shall assist the National Executive Council in the formulation of policies on matters of interest or concern to special interest group’s.
  • He / she shall carry out such other functions as may be specifically assigned to him / her by the National Executive Council.

6.1.16. DEPUTY SPECIAL INTEREST GROUP CHAIRPERSON

  • She shall assist the National Special interest group’s Chairperson in the performance of his /her duties.
  • She shall perform the functions of the National Special interest group’s Chairperson in his/her absence or incapacitation.
  • She shall carry out such other functions as may be specifically assigned to him / her by the National Executive Council.

6.1.17   EX-OFFICIO MEMBERS

  • They shall be appointed by the National Executive Council or Branch Committees and perform all functions assigned to them by the appointing committees.
  • They shall not have any voting rights at any meeting.

ARTICLE 7   COUNTY BRANCHES

There shall be established, County branches in all the Counties of the Country. The mandate of the County Branches shall be to coordinate all Party affairs at the County Level under the supervision of the National Secretariat. The County Branch shall have the following organs:

7.1.     THE COUNTY EXECUTIVE COMMITTEE

  • There shall be County Executive Committee to coordinate the activities of the Party in each County.
  • It shall consist of the County Chairperson, Secretary, Treasurer, Organizing Secretary, Women’s League, Youth League and Special Interest groups Chairs and their respective Deputies, elected at the that County delegate’s congress.
  • Each County executive committee shall meet at least four times a year to address issues relating the development of party programmes within the county government and oversee the implementation of the Party’s objectives within the county level.
  • The quorum for meetings of the County Executive Committee shall be one-third of its members.
  • Decisions of the County Executive Committee shall be reached by a simple majority of those present and voting.
  • Voting shall be by show of hands except otherwise demanded by half of the committee members present.
  • All County Executive Committees shall give a 21 days’ notice to the National Executive Council prior to the meeting for consultations and facilitation.
  • The County Executive Committee shall be responsible for running the affairs of the Party’s County Branch, in consultation with the National Executive Council.

7.2. THE COUNTY DELEGATES CONGRESS

  • The county Congress shall be the highest organ of the Party at the county level.
  • It shall be composed of members of the constituency executive committee, all sitting members of parliament, all senators, the governor, all wards representatives and a proportional number of delegates per Constituency membership of the party,
  • The County Executive Committee shall decide the number of delegates to represent each constituency.
  • The County Congress shall exercise at the county level powers similar to those of the National Congress and shall conduct its activities in the same manner as stipulated in this Constitution in respect of the National Congress.
  • All decisions and details at the county level shall be forwarded to the National Executive Council through the Secretary General and deposited at the national secretariat for ratification and reference.
  • The National Executive Council shall have absolute powers to intervene on any matters of national interest, to postpone, or delay any decisions on matters for the best interest of the nation or the party.
  • All meetings for the County congress shall require a 21 days’ notice to the National Executive Council to enable facilitation

ARTICLE 8: CONSTITUENCY BRANCHES

There shall be established, Constituency branches in all the Constituencies of the Country. The mandate of the Constituency Branches shall be to coordinate all Party affairs at the Constituency Level under the supervision of the County Branch under which the Constituency falls in. The Constituency Branch shall have the following organs:

8.1.     THE CONSTITUENCY EXECUTIVE COMMITTEE

  • There shall be Constituency Executive Committee to coordinate the activities of the Party in each Constituency.
  • It shall consist of the Constituency Chairperson, Secretary, Treasurer, Organizing Secretary, Women’s League, Youth League and Special Interest groups Chairs and their respective Deputies, elected at the Constituency delegate’s congress.
  • Each Constituency executive committee shall meet at least two times a year to address issues relating the development of party programmes within the Constituency and oversee the implementation of the Party’s objectives within the Constituency.
  • The quorum for meetings of the Constituency Executive Committee shall be one-third of its members.
  • Decisions of the Constituency Executive Committee shall be reached by a simple majority of those present and voting.
  • Voting shall be by show of hands except otherwise demanded by any two members.
  • All Constituency Executive Committees shall give a 21 days notice to the National Executive Council prior to the meeting for consultations and facilitation.
  • The Constituency Executive Committee shall be responsible for running the County Branch and its affairs, in consultation with the County Executive Committee.

8.2. THE CONSTITUENCY DELEGATES CONGRESS

  • The Constituency Congress shall be the highest organ of the Party at the Constituency level.
  • It shall be composed of members of the Ward Executive Committee, the sitting member of parliament and all wards representatives and a proportional number of delegates per Ward membership of the party,
  • The Constituency Executive Committee shall decide the number of delegates to represent each constituency.
  • The Constituency Congress shall exercise at the Constituency level powers similar to those of the National Congress and shall conduct its activities in the same manner as stipulated in this Constitution in respect of the National Congress.
  • All decisions and details at the Constituency level shall be forwarded to the National Executive Council through the Secretary General and be deposited at the national secretariat for ratification and reference.
  • The National Executive Council shall have absolute powers to intervene on any matters of national interest, to postpone, or delay any decisions on matters for the best interest of the nation or the party.
  • All meetings for the Constituency congress shall require a 21 days notice to the National Executive Council to enable facilitation

ARTICLE 9: WARD BRANCHES 

There shall be established, Ward branches in all the Wards of the Country. The mandate of the Ward Branches shall be to coordinate all Party affairs at the Ward Level under the supervision of the Constituency Branch under which the Ward falls in. The Ward Branches shall have the following organs:

9.1.     THE WARD EXECUTIVE COMMITTEE

  • There shall be Ward Executive Committee to coordinate the activities of the Party in each Ward.
  • It shall consist of the Ward Chairperson, Secretary, Treasurer, Organizing Secretary, Women’s League, Youth League and Special Interest groups Chairs and their respective Deputies, elected at the Ward delegate’s congress.
  • Each Ward executive committee shall meet at least two times a year to address issues relating the development of party programmes within the Ward and oversee the implementation of the Party’s objectives within the Ward.
  • The quorum for meetings of the Ward Executive Committee shall be one-third of its members.
  • Decisions of the Ward Executive Committee shall be reached by a simple majority of those present and voting.
  • Voting shall be by show of hands except otherwise demanded by any two members.
  • All Ward Executive Committees shall give a 21 days notice to the National Executive Council prior to the meeting for consultations and facilitation.
  • The Ward Executive Committee shall be responsible for running the County Branch and its affairs, in consultation with the Constituency Executive Committee.

9.2. THE WARD DELEGATES CONGRESS

  •  The Ward Congress shall be the highest organ of the Party at the Ward level.
  • It shall be composed of party members from the Ward and the sitting Party Ward representatives and a proportional number of delegates per Location membership of the party,
  • The Ward Executive Committee shall decide the number of delegates to represent each Ward.
  • The Ward Congress shall exercise at the Ward level powers similar to those of the National Congress and shall conduct its activities in the same manner as stipulated in this Constitution in respect of the National Congress.
  • All decisions and details at the Ward level shall be forwarded to the National Executive Council through the Secretary General and be deposited at the national secretariat for ratification and reference.
  • The National Executive Council shall have absolute powers to intervene on any matters of national interest, to postpone, or delay any decisions on matters for the best interest of the nation or the party.
  • All meetings for the Ward congress shall require a 21 days’ notice to the National Executive Council to enable facilitation

 ARTICLE 10: DISCIPLINARY PROCEDURES

  • The Executive Committees at each branch level of the Party have power to take disciplinary action, against an erring member of the party who violates the provision(s) of this constitution.
  • No disciplinary action or actions taken or imposed on or against any member shall be valid unless such a member is informed in writing of the complaints against him/her and given a reasonable time and opportunity to defend him / herself.
  • A disciplinary measure by a National, County, Constituency, Ward branch executive body imposing a fine as per prescribed by the National Executive Council (or as adopted by over sea’s branch.) on or suspending a member for a period of more than 3 months shall be subject to the approval of the National Executive Council.
  • A member can only be expelled for misconduct, which in the opinion of the National Executive Council amounts to a gross violation of the provisions of this constitution.
  • A member shall have the right to appeal against any disciplinary measure taken against him/her, to a higher Party Organ, except in a case involving the expulsion of a member when the final level of appeal shall be the National Executive Council.
  • An expelled member can after 2 years apply to the National Executive Council for reinstatement as a member and the decision of the council on such application shall be final and shall not be appealable by the applicant although any such decision may be reviewed by the National Executive Council on its own initiative.
ARTICLE 11: TERMINATION OF MEMBERSHIP

A member shall cease to be a member if:

  •  He or She submits to the Secretary of Branch in which he or she is registered a letter of resignation signed by him or her.
  • Accepts an office or promotes the activities of any other Political party without the permission of the National Executive Council (NEC).
  • Any member may be expelled from the Party if the National Executive Council (NEC) recommends his or her expulsion, to the National Delegates Congress (NDC) and if delegates to the NDC resolve by two third majority of the members present that such a member be expelled on the grounds that his conduct has adversely affected the reputation or dignity of the party.  The committee shall have the power to suspend a member from his membership until the next general meeting of the party following such suspension but not withstanding such suspension a member who expulsion is proposed shall have the right to address the general meeting at which his expulsion is to be considered.
  • A member who ceases to be a member shall not be entitled to a refund of any Subscription by him or her and will remain liable to pay such subscriptions as the member may not have paid.

ARTICLE 12: FINANCE

  •   The National Executive Council shall establish rules governing collection, management and expenditure of all funds in accordance with the Political Parties Act and any other applicable Law of Kenya.
  • All withdrawals shall be against expenditures in the approved budgets or by resolutions of the National Executive Council.
  • The party shall raise funds through:
    1. Membership fees
    2. Donations, grants and/or contributions from well-meaning individuals or bodies.
    3. Proceeds from sale or auction of party materials and publications; and
    4. Income from investments.
    5. Proceeds from the government funding.
  • The party shall operate Bank Account(s) in Kenya with banking institutions licensed by the Central bank of Kenya according to modalities identified by the National Executive Council in accordance with the Political Parties Act 2007 and Funding Regulations 2009.
  • The various levels of the party shall maintain Bank Accounts in institutions approved by the Executive bodies at each level subject to the approval of the National Executive Council.
  • The signatories to the party’s National accounts shall be a combination of:
    1. The Party Leader
    2. The National Chairperson
    3. The National Secretary General (mandatory signatory)
    4. The National Treasurer
  • The bank accounts signing mandate shall be any three (3) to sign for all transactions, with the National Secretary General being a mandatory signatories for all National Party Bank Accounts.
  • The Funds of the Party shall not be distributed among members

ARTICLE 13: ACCOUNTS AND AUDIT

  • The Accounts of the party shall be audited at least once a year by professional external Auditors appointed by the party’s National Executive Council at its annual meeting.
  • An auditor shall be appointed for the following year by the annual general meeting.
  • All Party’s accounts, records and documents shall be opened to the inspection of the auditor provided a notice of five working days is given prior to the date of inspection.
  • The National Treasurer shall produce an account of his receipts and payments and a statement of assets and liabilities made up to a date of the annual general meeting.
  • The auditor shall examine such annual accounts and statements and either clarify that they are correct, duly vouched and in accordance with the law or report to the Party in what they are found to be incorrect, un-vouched or not in accordance with the law.
  • A copy of the auditor’s report on the accounts and statements together with such accounts and statements shall be furnished to all members at the same time as the notice convening the annual general meeting is sent out.
  • An auditor may be paid such professional fees for his duties as may be resolved by the annual general meeting appointing him.
  • No office bearer or a member of the committee of the Party shall be appointed an Auditor of the Party.

 ARTICLE 14: MISCELLANEOUS PROVISIONS

14.1    TENURE OF OFFICE

All elected officers of the party shall hold office for a period of five (5) years after which they will be

eligible for re-election subject to the possibility of recall or removal of officers on the conditions

stipulated in article 6.1.(e) of this Constitution.

 

14.2      ELECTIONS

  1.  All elections of officers at all levels of the party shall be won by a simple majority of votes cast.
  2. All elections shall be by secret ballot.
  3. All elections shall be conducted at the Delegates Congress of the concerned level of the party or at Extra-Ordinary Delegates meetings.
  4. Only members who are not in default as to their financial obligations to the party shall be eligible to vote and be voted for at elections.
  5. All elections shall be organized subject to the Party’s Constitution and the rules and regulations issued by the party’s National Elections Board.
  6. All elections shall be supervised by the national elections board and/or branch elections boards at each level as per set out in the party’s electoral rules and regulations.
  • MEETINGS

 Except as otherwise provided decisions at all meetings of the party shall be reached either by general consensus or by a simple majority of votes.

  1. The official recording of the resolutions of such meetings shall be done by the Secretary to such meetings.
  2. All meetings shall, except otherwise provided in this constitution, be summoned by the various secretaries at the National, County, Constituency and Ward level in consultation with or on the instruction of the respective chairpersons of the respective organs.
  3. Where it becomes impracticable for the County Executive Committees to hold meetings or perform their duties, the National Organizing Committee shall direct the day to day management of the affairs of that County.
  4. Where it becomes impracticable for the Constituency Executive Committee to meet, the County Executive Committee shall direct the affairs of the party in the concerned Constituency.
  5. Where it becomes impracticable for the Ward Executive Committee to meet, the Constituency Executive Committee shall direct the affairs of the party in the concerned Ward.
  6. Where it becomes impracticable for the county congress to hold meetings, the National Executive Council shall meet within three months to plan for elections for county councils in question.
  7. Except as otherwise provided, the quorum at any meeting of the party shall be one-third of the members entitled to attend the particular meeting.
  8. Except as otherwise provided in this Constitution Notice of ordinary meetings of the party other than a congress shall be sent out at least twenty one (21) days before the meeting by the secretary of the concerned party organ provided that any default in this connection may be overlooked by a decision of two thirds majority of those entitled to receive any such notice.
  • SUB-RULES AND BY-LAWS

The organs of the party at each level shall have powers to make sub-rules and by-laws for the effective operation of the party provided that where such sub-rules or by-laws contravene any of the provisions of this constitution they shall be null, void and of no effect.

  •  REMOVAL FROM OFFICE

 Any elected officer of the party may be removed from office whenever found to have committed any of the following offences:

  • Persistent refusal to carry out basic membership duties as outlined in this constitution.
  • Persistent refusal to carry out official duties attaching to his/her office as outlined in this constitution.
  • Gross violation of any of the provisions of this constitution.
  • Conduct which in the opinion of the Disciplinary Body is likely to undermine the standing or tarnish the image of the party in the eyes of the public.
ARTICLE 15: PROPERTY OF THE PARTY

All land, building and other immovable property and all investments and securities which shall be acquired by the Party shall be the property of the Party.

ARTICLE 16: INSPECTION OF ACCOUNTS AND LIST OF MEMBERS

The books of accounts and all documents relation there to and a list of the members of the Party shall be available for inspection at the registered office of the Party by any officer or member of the Party on giving not less than seven (7) days notice in writing to the Party.

ARTICLE 17: AMENDMENT OF THE CONSTITUTION

 Any of the provisions of this Constitution may be altered upon a written proposal submitted by at least one third of the registered Party members to the National General Secretary at least three months before any meeting of the National Delegates Congress and circulated by him/her through the various executive councils to all levels of the Party organization as forming part of the agenda of the next meeting of the National Delegates Congress which may adopt the proposal by two-thirds majority of delegates present and voting.

ARTICLE 18: DISSOLUTION.
  1.  The Party shall not be dissolved except by a resolution passed at a general meeting of members by a vote of 2/3 of the members present. The quorum at the meeting shall be same as that of a general meeting. If quorum is not obtained, the proposal to dissolve the Party shall be submitted to a further general meeting which shall be held one month later.  Notice of this meeting shall be given to all members of the Party at least twenty one (21)days before the date of the meeting.  The quorum, for this second meeting shall be two thirds of the eligible number of delegates required to attend.
  2. Provided, however, that no dissolution shall be effected without prior permission in writing of the Registrar of Political Parties, obtained upon application to him made in writing and signed by three of the national office bearers.
  3. When the dissolution of the Party has been approved by the Registrar, no further action shall be taken by the committee or any office bearer of the Party other than to get in and liquidate for cash all the assets of the Party, in such other manner as may be resolved by the meeting at which the resolution by the meeting at which the resolution for dissolution is passed.
  4. The Party shall stand dissolved if the Attorney General of the Republic of Kenya dissolves the Party in accordance with the Constitution of Kenya and any other applicable Laws of Kenya.

This revised constitution is hereby adopted by the party’s NATIONAL GOVERNING COUNCIL of Friday 22nd July 2016 held in Nairobi.

              DARAJA LA WAKENYA:- BRIGDING KENYANS FOR A BETTER NATION: