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THE DRAFT CONSTITUTION AND RULES OF BUTSILITSA
COMMUNITY DEVELOPMENT ASSOCIATION
ARTICLE 1. NAME:
The Name of the organization shall be called BUTSILITSACOMMUNITY
DEVELOPMENT ASSOCIATION.
HEAD OFFICE:
The head office of the organization shall be situated in Lugose sub-location,
Shinyalu Division, Kakamega County and sub-office in Malakisi, Bungoma
County.
MAIN PURPOSE
The main purpose of the Organization is to undertake and promote
Development programs in Western Kenya and elsewhere for the benefit of the
local communities ,society and mankind as a whole.
.
ARTICLE 2. AIMS AND OBJECTIVES:
Within the framework of the foregoing, the Organization shall have the
following Principal objective;
(a) It is a non-political, non-sectarian and non-profit oriented.
(b) To cater for HIV/AIDS, Drug Addict victims, orphans and widows in
Butsilitsa Community.
(c) To provide and promote gender equality.
(d) To initiate, encourage and empower the youth and women in the community
participate in (implementation)viable economic projects.
(e) To provide expertise, training, counseling services, home based care and
encourage creation of income generating projects.
(f) To seek support by carrying out fund-raising internally and externallyfor the
implementation of the aims and objectives of the organization.
(g) To establish centers within Shinyalu division , Kakamega county and
m malakisi , Bungoma county.
(h) To identify and assist in setting up economic activities for people with
disabilities in the community.
(i) To have a cultural and education exchange programs.
(j) To encourage Girl child education and provide sanitary towels to schools
through women groups.
(k) To encourage its members to explore modern methods in farming like
Green houses, fish farming and new varietyof crops as opposed alongside
traditional ones.
(m) To encourage the Youths start small holder Tree nurseries for
environmental conservation and commercial purposes.
(n) To lobby on behalf of the beneficiaries of their initiatives to the authorities
recognition and attention.
(p) To encourage youths learn new technologies in ICT.
ARTICLE 3. MEMBERSHIP:-
(i) Anybody in Western Kenya be regarded as a member after attaining the
Age of 18 years and above.
(ii) There shall be a registration fee of kshs.50/-
(iii) Everymember shall make payment, a monthly contribution of kshs.100/-.
(subscription) not later than 10th
of every month.
(iv) Any member desiring to resign shall submit in his/her resignation letter
to the secretaryof the board, who will present it to the committee for
final decision within seven days from the date of receipt of such a letter.
(v) Any member shall be subject to suspension from membership if and
when found guilty of violating or acting contrary to the rules and
regulations.
(vi) There shall be committees for each program selected and approved
by the members . Each committee shall be tasked with supervising,
monitoring and evaluating programs done by members.
(vii) A member who falls into arrears with his/her monthly contribution for
more than six consecutive months shall automatically cease to be a
member.
ARTICLE 4. OFFICE BEARERS
(a) There shall be members comprising:-
(i) The Patron
(ii) The Chairman
(iii) The Vice-chairman
(iv) The Secretary
(v) The Assistant secretary
(vi) The Treasurer
(vii) The Assistant Treasurer
All of whom shall be fully paid-up members of Butsilitsa Committee
Development Association( BCDA) and shall be elected at the Annual
General Meeting to be held everyTwo(2) years or before but not later than
30th
March every year.
(b) All office bearers shall hold office from the date of election until the
succeeding Annual General Meeting subject to the conditions
contained in sub-paragraph (c) of this article but shall be eligible for
re-election.
(c) Any office bearer that ceases to be a member of BCDA shall automatically
cease to be an office bearer thereof.
(d) Office bearers may be removed from office in the same way as laid
down for the expulsion of members, in rule 3(v) and vacancies thus
created shall be filled by persons elected at the general meeting
resolving the expulsion.
ARTICLE 5 .
(a) The Patron
The Post shall be non-elective, held by a person of unquestionable
integrity. He/She shall play an advisory role as well as act as its public
relations officer.
(b) The Chairman
The Chairman, shall unless prevented by illness or any justifiable
cause, preside over all meetings of the executive committee and at
all general meetings.
(c) The vice-chairman
the absence The vice-chairman shall performany duties of the Chairman inof
the Chairman.
The Secretary
The Secretary shall deal with all the correspondence of BCDA under the general
s supervisionof the committee .Incase of urgent matters where the committee cannot
be consulted he/she shall consult the Chairman/Vice- chairman.
H He/she shall issue notices convening all meetings of the committee
. and general meetings of BCDA and shall be responsible for
keeping minutes of all such meetings and for the preservation of
all the records of the group’s proceedings.
(e) The Assistant Secretary
In the absence of the Secretary, the assistant secretary shall perform all
t the duties as shall be assigned to him/her by the secretary or committee
. whether the secretaryis present or not.
(f) The Treasurer
The Treasurer shall receive and also disburse, under directions of the
Committee, all the moneys belonging to BCDA and shall issue receipts for
moneys received byhim/her and preserve voucher for monies paid to him/her.
(g) The Assistant Treasurer
The Assistant Treasurer shall perform such duties as may be specifically
assigned to him/her by the Treasurer or by the committee and in the
absence of the Treasurer.
ARTICLE 6. GENERAL MEETINGS
There shall be three classes of general meetings:-
(1) The Annual General Meeting
(2) Special Meetings by the committee
(3) Monthly Meetings
(a) The AGM shall be held not later than the 30th
day of January in each
year. Notice in writing of AGMs accompanied by the annual statement of
Accounts and the agenda for the meeting shall be sent to all members
not less than 21 days before the date of the AGM.
(i) Confirmation of minutes from the previous AGM.
(ii) Matters arising from the minutes.
(iii) Confirmation of Accounts.
(iv) Election of office bearers and committee members.
(v) Appointment of Auditors in accordance with rule 11(i).
(vi) Such other matters as the committee may decide or as to which
Notice shall have been given in writing by a member/s to the
Secretaryat least three weeks before the date of the AGM.
(vii) Any other business with the approval of the chairman.
(b) A Special General meeting may be called for any specific purpose by
the committee. Notice in writing of such meeting shall be sent to all
members not less than 7 days (seven) before the date thereof,
(c) A Special General Meeting may also be requisitioned for a specific purpose
T by order in writing to the secretaryby not less than 10(ten) members and
Such a meeting shall be held within 21 days of the date of the requisition
(d) And no matter shall be discussed other than stated in requisition.
(e) Quorums for the special AGM’s shall not be less than 2/3 of the
registered members of BCDA.
(f) Monthly meetings shall be held to discuss general activities on
BCDA.The monthly meeting shall be attended by all members on the last
Saturday of each calendar month unless otherwise stated and agreed
upon by the members in previous meeting. The quorumshall not be less
than 2/3 of membership.
ARTICLE 7. THE COMMITTEE
(a) The committee shall consist of all the office bearers of the society and
4 other members elected at the Annual General meeting in each year,
such committee members shall be in office until the following general
meeting. The committee shall meet at such times and place when it deem fit
but not less than once in any quarter. Where the society is to form branches,
it may be that some provision should be made for them to be represented
on the committee.
(b) Any casual vacancies for members of the committee caused by death or
resignation shall be filled by the committee until the next Annual General
meeting of the society.
DUTIES OF THE COMMITTEE
(a) The committee shall be responsible for the management of the society
and for that purpose may give direction to the office bearers as to the
manner in which within the law, they shall perform their duties.
(b) All moneys disbursed on behalf of the society shall be authorized by
the committee.
(c) The quorum for the meetings of committee shall not be less than 2/3
of the members.
ARTICLE 8. PROCEDURES AT MEETINGS
(a) At all the meetings of the group, the chairman, or in his absence, vice-
chairman, and in absence of both officers, a member selected by the
meeting shall take the chair.
(b) Resolution shall be decided by simple voting by a show of hands.
Incase of equality of votes the chairman shall have a second or casting
vote.
Resol ut i onshal lbedeci dedbyashowof hands.I ncaseof vot est hechai rmanshal lhaveasecondorcast igvot
ARTICLE 9. TRUSTEES
(a) All land, buildings and other immovable property, all investments and
securities which shall be acquired by the society shall be vested in the
name/s of not less than 4 (four) trustees who shall be members of the
society and shall be appointed at an annual general meeting for a period
of two years. On retirement such trustees shall be eligible for re-election.
ARTICLE 10. FUNDS
The funds for BCDA may only be used for the following purposes that shall
directly help in the execution of the objective of programs. These include:-
(i) Purchasing and transporting items, materials and services
(ii) Hospital bills for community members(medical)
(iii) Legal services involving BCDA
(iv) Undertake recreational, cultural and educational activities, allowances
for outside conference under invitation by confirmation of the
committees
(v) Undertake assistance to any member during the times of need i.e.
Death, sickness and school fees
(vi) Setting up centers for activities and promotional programs in and out
of shinyalu division
(vii) All monies and funds shall be received by and paid to the Treasurer,
who shall deposit in the BCDA Bank Account.
(viii) No payment shall be made out from the groups account without the
authority of the committee Treasurer and two other office bearers who
shall be appointed by the members/committee shall sign all payment
cheques and all the groups transaction slips/records will availed during
everymeeting.
(ix) The committee shall have powers to suspend any office bearer who it
has reasonable cause to believe is not properly accounting for funds o r
property of BCDA and shall have powers to appoint another person in
his/her .
(x) The financial year of BCDA shall be from 31st
january of the year
ARTICLE 11. AUDITING
(I) An auditor shall be hired from external to check all the groups
Account records and documents of financial activities of the past year.
The Treasurer shall produce all account of receipts and payments and
statements of assets and liabilities.
(II) Auditing shall be done NOT less than six weeks and NOT more than
three months to the date of the Annual General Meeting of the
boarding of trustees.
(III) A copy of the Auditor’s report on the accounts and statements together
with such returns carried forward shall be furnished to all members
and the board of trustees and at the same time as the notice convening
the annual general meeting is sent out.
(IV) No auditor shall be an office bearer or a member of the committee of
the society.
ARTICLE 12. ORDERS
(I) No member may address the meeting without having previously
obtained the permission for the chairman. The Chairman shall call
upon speakers In the order in which they signify their desire to
speak.
(II) When the committee reports are being discussed, the chairman and
the raporteur of the committee may be accorded proceedings for the
purpose of explanation.
(III) Everymember desiring to speak shall raise his/her hand and address
himself/herself to the chairman.
(IV) The chairman shall have mandate to adjourn meetings.
ARTICLE 13. VOTING RIGHT
(I) The number of votes to which one is entitled shall be provided for in
the BCDA constitution. The secretaryof the group shall inform each
member of the vote which he/she is entitled.
During voting time each member shall be entitled to ONE vote.
(II) As a rule,votes shall be taken by a show of hands on all questions being
debated except for the election of officials. On demand, the vote shall
be mandated.
(iii) After the voting has commenced, no members shall interrupt the voting
except on a point of order in connection with the actual conduct of the
t voting.
(iv) The secretarykeeps a record of everyproceedings of the meeting.
ARTICLE 14. DISPUTE RESOLUTION
There shall be a committee of Elders by the Executive committee to
r resolve disputes between the members interest and between a member
a and the association. Such disputes shall be resolved without recourse
t to courts or any other avenue.The decision of Elders will be final and
binding to all members. It shall be Adhoc.
ARTICLE 15. AMENDMENTS TO THE CONSTITUTION
Amendments to the constitution of the BCDAmust be approved by
at least 2/3 majority of members at a general meeting of the group.
PATRON CHAIRMAN SECRETARY
……………………………,………………………………………,………………………………

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Edited bcda constitution:-BUTSILITSA COMMUNITY DEVELOPMENT ASSOCIATION

  • 1. THE DRAFT CONSTITUTION AND RULES OF BUTSILITSA COMMUNITY DEVELOPMENT ASSOCIATION ARTICLE 1. NAME: The Name of the organization shall be called BUTSILITSACOMMUNITY DEVELOPMENT ASSOCIATION. HEAD OFFICE: The head office of the organization shall be situated in Lugose sub-location, Shinyalu Division, Kakamega County and sub-office in Malakisi, Bungoma County. MAIN PURPOSE The main purpose of the Organization is to undertake and promote Development programs in Western Kenya and elsewhere for the benefit of the local communities ,society and mankind as a whole. . ARTICLE 2. AIMS AND OBJECTIVES: Within the framework of the foregoing, the Organization shall have the following Principal objective; (a) It is a non-political, non-sectarian and non-profit oriented. (b) To cater for HIV/AIDS, Drug Addict victims, orphans and widows in Butsilitsa Community. (c) To provide and promote gender equality. (d) To initiate, encourage and empower the youth and women in the community participate in (implementation)viable economic projects. (e) To provide expertise, training, counseling services, home based care and encourage creation of income generating projects. (f) To seek support by carrying out fund-raising internally and externallyfor the implementation of the aims and objectives of the organization. (g) To establish centers within Shinyalu division , Kakamega county and m malakisi , Bungoma county. (h) To identify and assist in setting up economic activities for people with
  • 2. disabilities in the community. (i) To have a cultural and education exchange programs. (j) To encourage Girl child education and provide sanitary towels to schools through women groups. (k) To encourage its members to explore modern methods in farming like Green houses, fish farming and new varietyof crops as opposed alongside traditional ones. (m) To encourage the Youths start small holder Tree nurseries for environmental conservation and commercial purposes. (n) To lobby on behalf of the beneficiaries of their initiatives to the authorities recognition and attention. (p) To encourage youths learn new technologies in ICT. ARTICLE 3. MEMBERSHIP:- (i) Anybody in Western Kenya be regarded as a member after attaining the Age of 18 years and above. (ii) There shall be a registration fee of kshs.50/- (iii) Everymember shall make payment, a monthly contribution of kshs.100/-. (subscription) not later than 10th of every month. (iv) Any member desiring to resign shall submit in his/her resignation letter to the secretaryof the board, who will present it to the committee for final decision within seven days from the date of receipt of such a letter. (v) Any member shall be subject to suspension from membership if and when found guilty of violating or acting contrary to the rules and regulations. (vi) There shall be committees for each program selected and approved by the members . Each committee shall be tasked with supervising, monitoring and evaluating programs done by members. (vii) A member who falls into arrears with his/her monthly contribution for more than six consecutive months shall automatically cease to be a member. ARTICLE 4. OFFICE BEARERS
  • 3. (a) There shall be members comprising:- (i) The Patron (ii) The Chairman (iii) The Vice-chairman (iv) The Secretary (v) The Assistant secretary (vi) The Treasurer (vii) The Assistant Treasurer All of whom shall be fully paid-up members of Butsilitsa Committee Development Association( BCDA) and shall be elected at the Annual General Meeting to be held everyTwo(2) years or before but not later than 30th March every year. (b) All office bearers shall hold office from the date of election until the succeeding Annual General Meeting subject to the conditions contained in sub-paragraph (c) of this article but shall be eligible for re-election. (c) Any office bearer that ceases to be a member of BCDA shall automatically cease to be an office bearer thereof. (d) Office bearers may be removed from office in the same way as laid down for the expulsion of members, in rule 3(v) and vacancies thus created shall be filled by persons elected at the general meeting resolving the expulsion. ARTICLE 5 . (a) The Patron The Post shall be non-elective, held by a person of unquestionable integrity. He/She shall play an advisory role as well as act as its public relations officer. (b) The Chairman The Chairman, shall unless prevented by illness or any justifiable cause, preside over all meetings of the executive committee and at all general meetings. (c) The vice-chairman the absence The vice-chairman shall performany duties of the Chairman inof the Chairman. The Secretary
  • 4. The Secretary shall deal with all the correspondence of BCDA under the general s supervisionof the committee .Incase of urgent matters where the committee cannot be consulted he/she shall consult the Chairman/Vice- chairman. H He/she shall issue notices convening all meetings of the committee . and general meetings of BCDA and shall be responsible for keeping minutes of all such meetings and for the preservation of all the records of the group’s proceedings. (e) The Assistant Secretary In the absence of the Secretary, the assistant secretary shall perform all t the duties as shall be assigned to him/her by the secretary or committee . whether the secretaryis present or not. (f) The Treasurer The Treasurer shall receive and also disburse, under directions of the Committee, all the moneys belonging to BCDA and shall issue receipts for moneys received byhim/her and preserve voucher for monies paid to him/her. (g) The Assistant Treasurer The Assistant Treasurer shall perform such duties as may be specifically assigned to him/her by the Treasurer or by the committee and in the absence of the Treasurer. ARTICLE 6. GENERAL MEETINGS There shall be three classes of general meetings:- (1) The Annual General Meeting (2) Special Meetings by the committee (3) Monthly Meetings (a) The AGM shall be held not later than the 30th day of January in each year. Notice in writing of AGMs accompanied by the annual statement of Accounts and the agenda for the meeting shall be sent to all members not less than 21 days before the date of the AGM. (i) Confirmation of minutes from the previous AGM. (ii) Matters arising from the minutes. (iii) Confirmation of Accounts. (iv) Election of office bearers and committee members. (v) Appointment of Auditors in accordance with rule 11(i). (vi) Such other matters as the committee may decide or as to which
  • 5. Notice shall have been given in writing by a member/s to the Secretaryat least three weeks before the date of the AGM. (vii) Any other business with the approval of the chairman. (b) A Special General meeting may be called for any specific purpose by the committee. Notice in writing of such meeting shall be sent to all members not less than 7 days (seven) before the date thereof, (c) A Special General Meeting may also be requisitioned for a specific purpose T by order in writing to the secretaryby not less than 10(ten) members and Such a meeting shall be held within 21 days of the date of the requisition (d) And no matter shall be discussed other than stated in requisition. (e) Quorums for the special AGM’s shall not be less than 2/3 of the registered members of BCDA. (f) Monthly meetings shall be held to discuss general activities on BCDA.The monthly meeting shall be attended by all members on the last Saturday of each calendar month unless otherwise stated and agreed upon by the members in previous meeting. The quorumshall not be less than 2/3 of membership. ARTICLE 7. THE COMMITTEE (a) The committee shall consist of all the office bearers of the society and 4 other members elected at the Annual General meeting in each year, such committee members shall be in office until the following general meeting. The committee shall meet at such times and place when it deem fit but not less than once in any quarter. Where the society is to form branches, it may be that some provision should be made for them to be represented on the committee. (b) Any casual vacancies for members of the committee caused by death or resignation shall be filled by the committee until the next Annual General meeting of the society. DUTIES OF THE COMMITTEE (a) The committee shall be responsible for the management of the society and for that purpose may give direction to the office bearers as to the manner in which within the law, they shall perform their duties. (b) All moneys disbursed on behalf of the society shall be authorized by the committee. (c) The quorum for the meetings of committee shall not be less than 2/3 of the members. ARTICLE 8. PROCEDURES AT MEETINGS
  • 6. (a) At all the meetings of the group, the chairman, or in his absence, vice- chairman, and in absence of both officers, a member selected by the meeting shall take the chair. (b) Resolution shall be decided by simple voting by a show of hands. Incase of equality of votes the chairman shall have a second or casting vote. Resol ut i onshal lbedeci dedbyashowof hands.I ncaseof vot est hechai rmanshal lhaveasecondorcast igvot ARTICLE 9. TRUSTEES (a) All land, buildings and other immovable property, all investments and securities which shall be acquired by the society shall be vested in the name/s of not less than 4 (four) trustees who shall be members of the society and shall be appointed at an annual general meeting for a period of two years. On retirement such trustees shall be eligible for re-election. ARTICLE 10. FUNDS The funds for BCDA may only be used for the following purposes that shall directly help in the execution of the objective of programs. These include:- (i) Purchasing and transporting items, materials and services (ii) Hospital bills for community members(medical) (iii) Legal services involving BCDA (iv) Undertake recreational, cultural and educational activities, allowances for outside conference under invitation by confirmation of the committees (v) Undertake assistance to any member during the times of need i.e. Death, sickness and school fees (vi) Setting up centers for activities and promotional programs in and out of shinyalu division (vii) All monies and funds shall be received by and paid to the Treasurer, who shall deposit in the BCDA Bank Account. (viii) No payment shall be made out from the groups account without the authority of the committee Treasurer and two other office bearers who shall be appointed by the members/committee shall sign all payment cheques and all the groups transaction slips/records will availed during everymeeting. (ix) The committee shall have powers to suspend any office bearer who it has reasonable cause to believe is not properly accounting for funds o r property of BCDA and shall have powers to appoint another person in his/her . (x) The financial year of BCDA shall be from 31st january of the year
  • 7. ARTICLE 11. AUDITING (I) An auditor shall be hired from external to check all the groups Account records and documents of financial activities of the past year. The Treasurer shall produce all account of receipts and payments and statements of assets and liabilities. (II) Auditing shall be done NOT less than six weeks and NOT more than three months to the date of the Annual General Meeting of the boarding of trustees. (III) A copy of the Auditor’s report on the accounts and statements together with such returns carried forward shall be furnished to all members and the board of trustees and at the same time as the notice convening the annual general meeting is sent out. (IV) No auditor shall be an office bearer or a member of the committee of the society. ARTICLE 12. ORDERS (I) No member may address the meeting without having previously obtained the permission for the chairman. The Chairman shall call upon speakers In the order in which they signify their desire to speak. (II) When the committee reports are being discussed, the chairman and the raporteur of the committee may be accorded proceedings for the purpose of explanation. (III) Everymember desiring to speak shall raise his/her hand and address himself/herself to the chairman. (IV) The chairman shall have mandate to adjourn meetings. ARTICLE 13. VOTING RIGHT (I) The number of votes to which one is entitled shall be provided for in the BCDA constitution. The secretaryof the group shall inform each member of the vote which he/she is entitled. During voting time each member shall be entitled to ONE vote. (II) As a rule,votes shall be taken by a show of hands on all questions being debated except for the election of officials. On demand, the vote shall be mandated. (iii) After the voting has commenced, no members shall interrupt the voting except on a point of order in connection with the actual conduct of the t voting. (iv) The secretarykeeps a record of everyproceedings of the meeting.
  • 8. ARTICLE 14. DISPUTE RESOLUTION There shall be a committee of Elders by the Executive committee to r resolve disputes between the members interest and between a member a and the association. Such disputes shall be resolved without recourse t to courts or any other avenue.The decision of Elders will be final and binding to all members. It shall be Adhoc. ARTICLE 15. AMENDMENTS TO THE CONSTITUTION Amendments to the constitution of the BCDAmust be approved by at least 2/3 majority of members at a general meeting of the group. PATRON CHAIRMAN SECRETARY ……………………………,………………………………………,………………………………