jomo kenyatta university students union - taita taveta

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SOTTUC

DRAFT

CONSTITUTION

MARCH 2013

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TABLE OF CONTENTS

SOTTUC ........................................................................................................................................i

DRAFT ..........................................................................................................................................i

CONSTITUTION ............................................................................................................................i

PREAMBLE ................................................................................................................................. 1

DEFINITIONS .............................................................................................................................. 3

ARTICLE I: PRATICULARS ............................................................................................................ 1

ARTICLE II: OBJECTS OF THE ORGANIZATION ............................................................................ 2

ARTICLE III: MEMBERSHIP ......................................................................................................... 3

ARTICLE IV: STRUCTURE OF THE ORGANIZATION .......................................................... 6

ARTICLE V: COLLEGE COUNCIL ................................................................................................ 19

ARTICLE VI: NOMINATION AND ELECTION PROCESS .............................................................. 21

ARTICLE VIII: DISSOLUTION ..................................................................................................... 27

ARTICLE IX: FUNDS ................................................................................................................... 29

ARTICLE XI: REMUNERATION ................................................................................................... 31

ARTICLE XII: AMENDMENTS .................................................................................................... 32

ARTICLE XIII: INTERPRETATION ................................................................................................ 33

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PREAMBLE

WE the students of Taita Taveta University College (TTUC),

RECOGNIZING that we have a constitutional right of freedom of assembly,

organization and expression and thus capable of joining this organization as

enshrined in the Constitution of Kenya.

RECOGNIZING that TTUC as a constituent college of JKUAT 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 Taita Taveta University College legal notice no.

156 and the TTUC statutes

RECOGNIZING that TTUC has set structures regulating governance and

management of the University and hereby abide to respect the authority.

ACKNOWLEDING that TTUC is a diverse and multi-disciplinary University College

with various Faculties, Schools, Centres, Institutes, Colleges and Campuses all

offering different programmes in various disciplines.

ACKNOWLEDING 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

organization 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 organization is non-political.

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WE the students of Taita Taveta University College 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 Student Organization of Taita Taveta University College

(SOTTUC), and its guiding spirit in all matters appertaining to it.

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DEFINITIONS

(a) ''Academic Year'', ''Annual'', or ''Annual Meeting'' refer to and comply with the

academic year as per the University calendar.

(b) “legal notice” shall mean the Taita Taveta University College Legal Notice No.

156.

(c) ''Annual Accounts'' mean the balance sheet; the statement of income and

expenditure; the statement of expenses and application of funds.

(d) “Constituency” shall mean a unit of representation in the organization and

shall include a Faculty, College, Institute, School, Campus and Centre.

(e) "Complimentary Member" refers to a member who co-exists with the

members of SOTTUC but has no right of vote as a bonafide member.

(f) “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.

(g) ''External Auditor'' refers to any person with the recognized accounting

qualifications who is not a member of the College governing Council.

(h) "Extraordinary Meeting" refers to an impromptu meeting.

(i) “Student” means a person who is registered as a student of Taita Taveta

University College 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 affiliated institution who is

registered for examinations leading to the degree, diploma, certificate and

other academic award of the University.

(j) ''Semester'' means a period of study consisting of sixteen weeks or its

equivalent in contact hours and includes University College examinations.

(k) ''Statutes'' means statutes made pursuant to the Universities Act.

(l) "Special Meeting" refers to a meeting where two-thirds (2/3) majority of its

members have not been realized.

(m) “Special Interests group” shall include students with disabilities and foreign

students.

(n) ''The Constitution'' means the Constitution of SOTTUC unless otherwise

stated.

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(o) ''University College'' refers to Taita Taveta University College.

(p) ''Cabinet'' refers to the body comprising the elected officials of the Executive

and includes the representatives of the Halls, Faculties, Departments or any

other representatives that may be determined by the University Council.

(q) “Union” shall mean Taita Taveta University College and Technology Students’

Organization.

(r) “Organization” shall mean Students’ Organization of Taita Taveta University

College.

(s) “University” shall mean Jomo Kenyatta University of Agriculture and

Technology.

(t) “Unit” shall mean a unit of students’ representation and shall include

Faculties, Institutes, Schools, Centre’s, Colleges and Campuses. For purposes

of clarity a Faculty, Institute, School, Centre, College and Campus will be

considered as an individual unit.

(u) "Referendum" refers to the process of referring a political view to the

students' body for a direct decision by a general vote.

(v) Words denoting masculine gender also refer to feminine gender.

(w) “Special Needs” shall include persons with disabilities.

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ARTICLE I: PRATICULARS

NAME

The name of the Organization shall be the Students of Taita Taveta University College

(SOTTUC).

REGISTERED OFFICE OF SOTTUC

The SOTTUC head office shall be located at the main campus of SOTTUC at Voi whose

address shall be P.O. Box 635-08300, VOI- TAITA.

AREA OF OPERATION

This constitution shall have force of law at all faculties, schools, centers, colleges,

institutes, and any other institutions of Taita Taveta University College (TTUC) and as

determined by the College Academic Board.

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ARTICLE II: OBJECTS OF THE ORGANIZATION The objects of the Organization are:- 1) To protect the individual and collective rights of TTUC students;

2) To provide a meaningful address of student concerns and perspectives through the

principle of democratic representation; 3) To foster observance of shared goals and ideals of TTUC students;

4) To gather, disseminate and mutually exchange information about members and

their activities in the fields of education, research, innovation, strategic and development plans and services;

5) To identify and make known the educational and related needs and challenges that

student face in Kenyan Public Universities and, as far as practicable, source, mobilize and co-ordinate ways and means whereby those needs and challenges may be addressed;

6) To contribute toward the promotion of education in Kenya, in order to assist its

members and the Kenya Public to improve academically. 7) To develop a sense of responsibility for the students conduct and for the welfare of

the University.

8) To ensure that students activities achieve their maximum effectiveness. 9) To increase the awareness of diversity and multi cultural aspects of the JKUAT

student community. 10) To encourage events that broadens the spheres of culture, society and education.

11) To assist the Organization members to cope with and learn the University system.

12) To promote gender and social equity in policies on education in TTUC.

13) To promote the spirit of unity, togetherness and humanity among its members and

the University college Community and Management. 14) To be the voice of its members for purposes of advocating for the needs and

interests of TTUC students. 15) To foster the relationship between the student community and the University

College staff, university college management and the general public based on unity and understanding.

16) Facilitate initiative among students, TTUC students and members of other

Universities, Institutions and Associations with similar interests. 17) To encourage continued cooperation among former TTUC students through the

Alumni Association.

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18) To raise funds through lawful means for purposes of achieving the aims and

objectives of SOTTUC.

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

20) To uphold the constitution of the student organization.

21) To be committed to holding free and fair elections.

22) To endeavor to achieve its objective devoid of political, social, religious, racial bias,

or any other form of discrimination.

23) Undertake in any other activity which does not conflict with this constitution or any

other law or regulation in force or as laid down in the university college statutes and

which is beneficial to the members.

24) Such other objects as shall be relevant to the furtherance of the aims of the

Organization.

25) To uphold transparency and accountability in all union activities.

26) To encourage and promote peaceful co-existence of students of different races and religions.

ARTICLE III: MEMBERSHIP

3.0 ELIGIBILITY i. Membership to the organization shall be open to all students of SOTTUC.

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

3.2 DETERMINATION OF MEMBERSHIP

i. A student registered at TTUC shall be an ordinary member of SOTTUC upon

payment of annual subscription fee as shall be determined from time to time by

the TTUC CGC and passed by the University College Senate for University college

Council approval.

ii. A part-time student shall be a complimentary member and shall acquire such

membership upon payment of such fees as determined.

iii. Former students shall be granted associate membership, upon payment of an

annual fee determined by the CGC and passed by the University and University

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council for approval. Such membership will be considered and approved by the

Executive Committee.

iv. Any other person desiring to be a member of the Organization and who in the

opinion of the Executive Committee does not fall under any of the categories

specified in this section (i), (ii) or (iii) above shall be granted affiliate membership

upon application approval by the Council.

3.3 RIGHTS OF MEMBERS

Members of SOTTUC shall have the following rights:-

(i) Every member shall have the right to vote in the organization’s elections

(ii) Every member shall have access to the facilities offered by SOTTUC as long as is

in accordance to the law.

(iii) Every member shall have the right to take part in all activities and enjoy all

facilities of SOTTUC without hindrance, unless otherwise provided in this

Constitution;

(iv) Participate in the proceedings of the General Meetings;

(v) To elect or be elected to any of SOTTUC leadership position unless otherwise

provided in the constitution;

(vi) To be elected, nominated or appointed to be a delegate or representative of

SOTTUC in any fora;

(vii) To express their opinion in any proper and appropriate means in any SOTTUC

meetings or any other fora where SOTTUC has interest. Provided that personal

opinion may not necessarily represent the policy of SOTTUC.

3.4 OBLIGATIONS OF MEMBERS

(i) Every member of SOTTUC shall be required to respect all the organs of the

Organization established in the Constitution and their decisions.

(ii) Every member shall abide and bind oneself by the letter and spirit of this

Constitution and that of the university college statutes.

3.5 CESSATION OF MEMBERSHIP

Membership shall cease where one:-

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(i) Retires upon completion of one's course of study at the University College apart from

those who subsequently continue uninterrupted to the next level of study at the

University College.

(ii) Resigns from SOTTUC by notice submitted to the Secretary General. The resignation

shall take effect upon approval by the Secretary General and the member should

clear all union assets and properties.

(iii) For any reason, falls into arrears with his union 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 union fees outstanding.

(iv) Ceases to be a student occasioned by death, expulsion, transfer or discontinuation

by the University College.

(v) Commits a felony.

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ARTICLE IV: STRUCTURE OF THE ORGANIZATION

4.0 LEADERSHIP

The guiding principles of leadership and integrity shall be as stated in the Kenyan

Constitution, Chapter Six section 73(2)

4.1 THE ORGANS 1. The organs of SOTTUC shall be as follows:-

1.1. Cabinet-This shall form a coordinating function/forum for the various campuses

officials to come together.

1.1.1. Decisions made by the Executive Committee shall be communicated to

the College Council within fourteen (14) days during the normal semester.

1.1.2. The cabinet shall constitute of three (3) members from each Campus

Councils executive.

2. College Governing Council (CGC)-Shall be in charge of their respective

campuses.

2.1. The CGC shall appoint members to go to the cabinet, who shall appoint a

chairman and a secretary.

2.2. The composition of the CGC shall be;

2.2.1. Chairperson

2.2.2. Vice Chairperson

2.2.3. Secretary General

2.2.4. Finance Secretary

2.2.5. Academic Secretary

2.2.6. Sports & Games Secretary

2.2.7. Entertainment Secretary

2.2.8. Catering & Accommodation Secretary

2.2.9. External Affairs Secretary

2.2.10. Departmental representatives

2.2.11. Hall representatives

2.2.12. Two members nominated to represent gender, religion and special needs

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2.3. There shall be nine (9) executive officers of the Student Governing Council as

follows:

2.3.1. Chairperson

2.3.2. Vice Chairperson

2.3.3. Secretary General

2.3.4. Finance Secretary

2.3.5. Academic Secretary

2.3.6. Sports & Games Secretary

2.3.7. Entertainment Secretary

2.3.8. Catering & Accommodation Secretary

2.3.9. External Affairs Secretary

2.4. The officials and their respective duties are as follows:-

2.4.1. CHAIRPERSON

The Organization shall have a Chairperson who shall be elected by all bonafide members of SOTTUC. The chairperson shall:

a) Preside over the College Governing Council, the Executive Committee, Annual General, Ordinary and Extra-ordinary Meetings;

b) Be the spokesperson of the Organization on the advice of the Executive Committee;

c) Have a casting vote in all meetings of the Organization; d) Represent the Organization at the University college Council and the College

Academic Board; e) Be ex-officio member of all Committees apart from Students' Conduct and

Ethics Committee; f) Be a co-signatory in all negotiable transactions of the Organization; g) Facilitate the existence of cordial relationship between the Organization, the

University College Administration, Students Council and members of the Organization;

h) Strive to ensure that all the Organization Committees, have cordial relations among them, and that their goals articulate the policies of the Organization;

i) Such other duties as may be bestowed upon him by the College Governing Council provided that it does not violate this Constitution, the University College Statutes or any other written laws.

2.4.2. VICE-CHAIRPERSON

The Organization shall have a Vice Chairperson who shall be elected by all bonafide members of SOTTUC

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The Vice Chairperson shall: a) Exercise the duties of the Chairperson in his absence from office or in his inability

to act; b) Perform such other duties as may be delegated to him by the Chairperson; c) Act as the official internal affairs officer of the Organization including internal

security matters; d) Coordinate services required during sickness or bereavement of the member(s)

of the Organization; e) Perform any other duties bestowed upon him by the College Governing Council

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 College Governing Council.

2.4.3. SECRETARY GENERAL

The Organization shall have a Secretary General who shall be elected by all bonafide members SOTTUC The Secretary General shall:

a) Be the Secretary of the College Governing Council, Annual General, Ordinary, Extra-ordinary Meetings.

b) Be in permanent liaison with the Chairperson of the Organization; c) Oversee and maintain all minutes, correspondences, records and property of

the Organization; d) Keep files, registers and minutes of the Organization; e) In consultation with the Chairperson and members of the Executive in general,

draw the agenda for the Organization meetings and to issue notices of such meetings.

f) Maintain correspondence with Campus council Officials and other stakeholders;

g) Be responsible for the circulation of relevant information to the members of the Organization through notices and announcements.

h) Be a co-signatory in all negotiable transactions of the Organization. i) Make available to the Chairperson all documents and reports relating to

matters to be discussed at the Annual General Meeting. j) Perform any other duties bestowed upon her/him by College governing

Council provided they do not violate the spirit of this Constitution or create a chance of collision of responsibilities of other members of the College governing Council.

2.4.4. FINANCE SECRETARY

The Organization shall have a Finance Secretary who shall be elected by all bonafide members of SOTTUC. The Finance Secretary shall perform the following functions:-

a) Receive all monies paid and funds of the Organization and keep it in the associations bank account

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b) accept subscriptions and donations in the name of the Organization with the approval of the Executive Committee;

c) Shall ensure that accounts are made available to the students’ body every 6th week of every academic semester.

d) Shall be a co-signatory to all withdrawals from the students’ funds as authorized by the Finance Committee.

e) Shall submit an up-to-date statement of accounts and reports indicating income and expenditure for each academic semester for approval, their publication at every 6th and 12th week of every semester.

f) They shall publish the names of the one (1) approved External Auditors, not later than four (4) weeks to the end of the second semester.

g) Shall ensure that all books of accounts are submitted to two (2) external auditors, approved by the College Governing Council, at the end of every academic year for audit purposes.

h) 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.

i) 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.

j) Keep a detailed account of receipts and prepare a financial statement for the Annual General Organization Board meeting;

k) Keep records of membership dues;

4.2 COMMITTEES OF THE COLLEGE GOVERNING COUNCIL

4.2.1 EXECUTIVE COMMITTEE

i. There shall be an Executive Committee of the Organization.

ii. The Executive power of the organization shall be vested in the various College

Governing Council(s).

iii. The Executive Committee shall be responsible for overseeing the day to day

operations of the Organization.

4.2.2 Membership

The Executive Committee shall comprise nine (9) elected and two (2) nominated officers

as follows:

(i) Chairperson

(ii) Vice Chairperson

(iii) Finance Secretary

(iv) Secretary General

(v) External Affairs Secretary

(vi) Sports and Games Activities Secretary

(vii) Catering, Accommodation and Welfare Secretary

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(viii) Recreation and Entertainment Secretary

(ix) Academic Affairs Secretary

(x) Two nominated members from special interest groups

4.2.3 Duties of the Executive Committee

The Executive shall:-

Be ultimately responsible for upholding the Constitution of the Organization.

Be responsible for the day to day running of the Organization

Implement the decisions of the College governing Council

Manage the Organizations' property with integrity, accountability and transparency

Nominates members to the Organizations' committees for ratification by the College

governing Council

Represent the Organization in the University organs where the Organization needs to

be represented. This representation includes and is not limited to representation in

the University Senate and the University Council.

(vii) Facilitate the actualization of the objects of the Organization.

(viii) Perform such other duties as may be delegated by the Main Council.

4.2.4 Meetings of the Executive Committee

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

(ii) The Chairperson may convene an extraordinary session of the Committee.

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

(iv) The quorum required for a meeting is at least three-fifths of the members,

including the Chairperson.

4.2.5 Cooption of Members

The Executive Committee shall co-opt an individual from among the College Governing

Council members to replace a member of the executive committee who would have

resigned, suspended from office, deceased, or ceased to be a student on grounds of

academic commitments or disciplinary grounds. Such co-option shall be done from

among members of the Main Council and the decision shall require a two-thirds (2/3)

majority of all members of the College governing Council.

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4.3 WORKING COMMITTEES OF THE COLLEGE GOVERNING COUNCIL

(i) The Executive Committee shall have Seven (7) working Committees.

(ii) The Secretaries of the working Committees shall be members of the Executive Committee.

The working committees of the Executive Committee are as follows:-

4.3.1 FINANCE COMMITTEE

MEMBERSHIP

The Finance Committee shall be chaired by the Finance Secretary of the Organization.

He shall be the Chairperson of all meetings except when giving the financial report when

a Chairperson shall be elected.

Membership is as follows:-

(i) Chairperson of the Students Organization

(ii) Finance Secretary of the Students Organization

(iii) Secretary General of the Students Organization

(iv) University Finance Officer or his representative

(v) Three (3) members elected from the Student Governing Council.

BANK SIGNATORIES

Signatories to any withdrawals of the SOTTUC accounts shall be the following:-

(i) Chairperson of the Students' Organization

(ii) Finance Secretary of the Students' Organization

(iii) Secretary General of the Students' Organization

(iv) Dean of Students

The signatories shall 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.

DUTIES OF THE FINANCE COMMITTEE

i. The Finance Committee shall ensure that all the finances of SOTTUC 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.

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ii. The Finance Committee shall propose one (1) external auditor and two (2)

internal auditors from the student fraternity to the Student Governing Council

within three (3) weeks after elections by the students.

iii. In consultation with the Executive Committee to prepare the budget, allowances,

financial allocations and expenditure, as well as audit report and present them to

the Student Governing Council for approval at least three weeks after elections.

The budget shall only be inclusive of the financial year under which it has been

drawn. The Executive shall present the approved budget, financial allocations,

audit report and expenditure for ratification to the Students Welfare Committee

of the Senate.

iv. To prepare a report and statement of accounts, indicating income and

expenditure for that semester for approval and publication at every 6th and 12th

week of every semester.

v. The two (2) internal auditors shall possess CPA I to qualify for the post.

4.3.2 EXTERNAL AFFAIRS COMMITTEE

MEMBERSHIP

Membership of this Committee shall be as follows:-

(i) The External Affairs Secretary

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

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

DUTIES OF THE COMMITTEE

(i) Identify and propose external links outside the University.

(ii) Advice the College governing Council on all external links identified and proposed

by this committee.

(iii) Establish and maintain all external links approved by at least two-thirds (2/3) of

all members of the Student Governing Council with voting rights, and submit

contacts of these links to the University Administration.

(iv) Diligently keep copies of all records of communication with external links

(v) Keep and update a directory of the Organization with all addresses of external

links.

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(vi) Freely avail any information in its possession regarding contacts of any external

links maintained or previously maintained by the Organization to any interested

member of the Organization.

(vii) Is the main Consultative Organ to the Student Governing Council during

occasions of enhancing the image of the Organization, or repairing the damage

suffered by the Organization due to any occurrence implicating it in the eyes of

the public.

(viii) Be directly answerable to the Student Governing Council on any matter directly

or indirectly related to external affairs and of interest to the Organization.

(ix) Organize community service activities in and around the University.

(x) In consultation with the Dean of Students’ office, prepare a list of guest speakers

to address the students’ body.

4.3.3 SPORTS AND GAMES ACTIVITIES COMMITTEE

MEMBERSHIP

Members of this committee shall be as follows;

(i) Sports and Games Activities Secretary

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

The Sports and Games Activities Secretary shall be the chairperson of this Committee.

DUTIES OF THE COMMITTEE

(i) Keep detailed and exhaustive records of all sports and games activities with the

Director of Sports and Games.

(ii) Convene at least one meeting at the beginning of each semester with the

Director of Sports and Games.

(iii) 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.

(iv) Prepare a budget to cater for the needs brought to its knowledge within the

limits of the activity fee.

(v) Send official communication in writing to each of the activity groups detailing

the percentage of activity fee and its monetary equivalent allocated for the

respective group for the entire academic year.

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(vi) Ensure that no sporting activity recognized by the University is marginalized or

neglected.

(vii) Ensure that only registered members of a recognized sporting activity are

entitled to allowances.

(viii) Inform the members of the Organization 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.

(ix) Coordinate and promote sports and games activities in the University and

arrange external and internal fixtures.

(x) Examine sports and games problems that may arise in order to provide

practical solutions.

(xi) Be the main Consultative Organ to the Student Governing Council on any

matter related directly or indirectly to sports and games activities.

(xii) Be directly answerable to the Student Governing Council on any matter directly

or indirectly related to sports and games activities.

4.3.4 CATERING AND ACCOMMODATION COMMITTEE

MEMBERSHIP

Membership of this Committee shall be as follows;

(i) Catering, Accommodation and Welfare Secretary

(ii) All hall of residence and non-resident representatives

The Catering and Accommodation and Secretary shall be the chairperson and

spokesperson of this committee based on the advice provided by its members.

DUTIES OF THE CATERING, ACCOMODATION AND COMMITTEE

i. Be the custodians of all records of communication related to Catering and

Accommodation of the Organization.

ii. Establish and maintain cordial relationships with Catering Department and

Accommodation Department, Estate Department, Health Services Department

and any other Departments within the University whose services affect the living

environment of members of the Organization.

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iii. Liaise with the University Catering Manager for the provision of affordable meals

to members of the Organization within the University's dining hall.

iv. Ensure all members of the Organization receive valuable and quality medical

assistance from the University Hospital.

v. In liaison with the Dean of Students Office, ensure that members of the

organization live in proper and habitable facilities.

vi. Ensure that no fully registered member of the Organization lacks accommodation

and/or is marginalized in terms of Catering and Accommodation.

vii. Be the main consultative organ to the Student Governing Council on any matter

related directly or indirectly to catering and accommodation of members of the

Organization.

viii. Be the custodians of records of non-resident students.

4.3.5 RECREATION AND ENTERTAINMENT COMMITTEE

MEMBERSHIP

The membership of this Committee shall be;

(i) Recreation and Entertainment Secretary

(ii) Six (6) other members elected from the Student Governing Council

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

DUTIES OF THE RECREATION AND ENTERTAINMENT COMMITTEE

(i) Be the custodians of communication related to recreation and entertainment

events previously held or to be held in the University.

(ii) Organize and host forms of entertainment approved by the Student Governing

Council and appropriate to members of the Organization.

(iii) Ensure that there is orderliness during any entertainment event organized or

hosted by this committee.

(iv) Ensure that the Organization's and University's property is protected from

damage during entertainment events organized by or hosted by the committee.

(v) Keep and maintain all entertainment equipment belonging to the Organization.

(vi) Maintain an exhaustive inventory on all entertainment equipment belonging to

the Organization.

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(vii) 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.

(viii) 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.

(ix) Collect from members of the Organization recommendations or complaints

regarding entertainment within the University.

(x) Submit a schedule to the Student Governing Council two (2) weeks after being

sworn in on entertainment events it plans to host.

(xi) Be the main Consultative Organ to the Student Governing Council on any matter

related directly or indirectly to entertainment of members of the Organization. Be

directly answerable to the Student Governing Council on any matter directly or

indirectly related to entertainment of members of the Organization.

4.3.6 ACADEMIC AFFAIRS COMMITTEE

MEMBERSHIP

The membership of this Committee shall be;

(i) Academic Affairs Secretary

(ii) Faculty, Schools', Institutes' Representatives

(iii) Departmental Representatives

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

DUTIES OF THE ACADEMIC AFFAIRS COMMITTEE

i. Maintain all records on Academic Affairs of members of the Organization made by

this Committee before its tenure and during its tenure.

ii. Receive recommendations and complaints from members of the Organization.

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 Organization.

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iii. Ensure that no member of the Organization suffers any form of academic

harassment for failure to respond to sexual advances or any form of corrupt

advances made to any member of the Organization.

iv. Organize a Public Lecture, seminar, exhibition or congress in consultation with

the University at least once every academic semester for members of the

Organization.

v. Ensure that academic facilities and services provided by the department are

easily accessible by members of the Organization.

vi. Avail to all members of the Organization the academic programmes of the

University four (4) weeks before the end of each semester, with a reminder one

week before the end of each semester.

vii. Facilitate the orientation of new members of the Organization in the University.

viii. Enhance civic education on student related University policy, provide information

on procedures and regulations on academic matters and the Constitution of the

Organization.

ix. Maintain cordial relationships with the Chairpersons of Departments, Deans and

Directors of academic programmes, academic advisors and academic staff.

x. Is the main Consultative Organ to the Student Governing Council on any matter

directly or indirectly related to the academic affairs of members of the

Organization.

xi. Be directly answerable to the Student Governing Council on any matter directly

or indirectly related to the academic affairs of members of the Organization.

xii. Monitoring the implementation of curriculum by lecturers in liaison with the

Chairman of Department.

xiii. Attendance and participation in departmental and school board meetings.

xiv. Monitor the attendance of lessons through respective class representatives

4.3.7 SOCIAL WELFARE AND ETHICS COMMITTEE

MEMBERSHIP

The membership of this Committee shall be:-

(i) Vice Chairperson

(ii) Three (3) members elected from the Student Governing Council one of

whom shall be a special needs representative

(iii) Six (6) members co-opted from Religious groups and social clubs

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The vice chairperson of the Organization shall be the Chairperson of this committee.

DUTIES OF THE SOCIAL WELFARE AND ETHICS COMMITTEE

(i) Receive information on ethical and unethical conduct of members of the

Organization and University staff.

(ii) Resolve conflicts through arbitration and promote peace and harmony in

the University in line with the University core values.

(iii) Recommend to the Student Governing Council proposed penalties and

ways of upholding good conduct and ethics for members of the

Organization.

(iv) Identify and consider financially needy cases within the student

population for consideration for financial assistance from the social

welfare kitty.

(v) Identify students with special needs and advise the Student Governing

Council on how they can be supported.

(vi) The committee shall be responsible for mobilization of resources towards

the social welfare kitty.

(vii) Be the main Consultative Organ to the Student Governing Council on any

matter directly or indirectly related to the conduct and ethics of members

of the Organization.

(viii) Be responsible for decisions made thereof by the Committee.

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ARTICLE V: COLLEGE COUNCIL

5.0 COLLEGE COUNCIL

The Campus Council officials who shall be elected at the campus level are as follows;

(i) Chairperson + campus name

(ii) Vice Chairperson + campus name

(iii) Secretary General + campus name

(iv) Finance Secretary + campus name

(v) External Affairs Secretary + campus name

(vi) Sports and Games Activities Secretary + campus name

(vii) Catering and Accommodation Secretary + campus name

(viii) Recreation and Entertainment Secretary + campus name

(ix) Academic Affairs Secretary + campus name

5.1 DUTIES OF ELECTED CAMPUS OFFICIALS

(i) The Chairperson, vice chairperson and the Secretary General shall be the campus

representatives at the Executive committee.

(ii) The Duties and responsibilities of the campus officials shall be similar to those of

the officials of the Student governing council, save that the duties shall be

limited to their respective campus only.

5.2 CAMPUS COMMITTEES

Each Campus shall have the following Committees;

(a) Finance Committee

(b) External Affairs Committee

(c) Sports and Games Activities Committee

(d) Catering and Accommodation Committee

(e) Recreation and Entertainment Committee

(f) Academic Affairs Committee

(g) Social Welfare and Ethics Committee

Assets committee

Shall be responsible for management of the union assets

This shall be headed by the secretary general

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5.3 DUTIES OF CAMPUS COMMITTEES

The Duties and responsibilities of the campus committees shall be similar to those of the

committees of the Student governing Council, save that the duties will be limited to their

respective campuses only.

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ARTICLE VI: NOMINATION AND ELECTION PROCESS

6.0 NOMINATION PROCEDURE

Nomination procedure A candidate must meet the following qualifications:-

a) Must be good role models academically (average C and above in the past

examination) and have never sat for a supplementary examination.

b) Be fully paid up members of the organization and have cleared all University fees.

c) Must be a registered full time student.

d) Good conduct with no disciplinary cases.

e) Must have paid the nomination fee. A nomination fee will be Ksh.500 and

Ksh.200 for the executive and representatives respectively. To be reviewed from

time to time by CGC.

f) Must be in possession of certificate of good conduct from police or from their

previous high/secondary schools.

g) The chairperson shall be a student who has been a student for at least 12

months.

h) A person can only be elected for a maximum of one term for executive.

i) A candidate cannot withdraw his/her candidature a week before elections.

GROUNDS FOR DISQUALIFICATION

Candidates shall be disqualified if:-

i. There is evidence of sponsorship by the University College Administration or any

other person who is not a student of TTUC.

ii. After nomination, if the candidate incites other students to use violence, threaten

or ridicule any member of staff or students.

iii. Campaigners continue with the campaign when a member of the Electoral

Commission or a candidate has the floor.

iv. During canvassing use hate speech.

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6.1 NOMINATION PROCEDURE

(i) A member may only contest for one post; thus, he/she can only be

nominated for one post.

(ii) Nomination for Executive posts should be at least 2% of the total SOTTUC

Campus membership, while nomination for other Campus Council posts

should be at least 1% of the total SOTTUC membership. The

nominations 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.

(iii) Nominations should be submitted at least two (2) weeks before the date

of elections after paying an agreed refundable fee for removal of posters.

(iv) The names of all running candidates shall be put up on University notice

boards by the Chief Returning Officer, after the nominations are

complete.

(v) The Chief Returning Officer 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.

(vi) Where no candidate meets the nomination criterion, the Chief Returning

officer shall extend the nomination period.

(vii) Once the election date is announced the outgoing officials shall carry their

day to day administrative activities in a Caretaker capacity until the new

Council is formed.

(viii) Nine members of the Campus Council shall be elected at representation

Unit level by simple majority of voters.

(ix) 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 one week (1) before the election, made public and

signed by the Chief Returning Officer not less than forty eight (48) hours

before the election.

(x) 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.

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(xi) 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 Commission.

6.2 ELECTION PROCEDURE

(i) All SOTTUC elections shall be by secret ballots, simple majority system,

on the principle of one-person-one-vote. No one shall be allowed to vote

by proxy or by mail.

(ii) The Dean of Students shall be the supervisor of elections and will be the

Chief Returning Officer.

(iii) The Chief Returning Officer shall supervise the elections with the help of

Returning Officers, who will constitute the Electoral Commission.

(iv) Elections shall be conducted at designated rooms and halls of the

University.

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

(vi) Unopposed positions shall not be included on the ballot paper.

(vii) Candidates may request a recount, but not more than 3 times and in not

more than 24 hours. An Appeal Committee comprising the Electoral

Commission will consider appeals. Their decisions will be binding and

conclusive.

(viii) For the purposes of these elections provided as per this Constitution, the

electoral roll shall be the University nominal roll.

(ix) The Chief Returning Officer, the returning officers and agents of

candidates and their chief agents will be present during the counting of

ballots.

6.3 ELECTION APPEALS

After the election results are announced the candidate shall have a maximum of 72 (3 Working days) hrs to launch a petition to the electoral appeals committee. The committee shall make a decision in 4 days.

Any candidate wishing to appeal shall pay a charge of 50% the nomination fee.

6.4 ELECTION RESULTS Spoilt votes;

i. Unmarked ballot papers.

ii. Mark covers more than one candidate.

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iii. Ballot paper is marked wrongly e.g written spoilt.

iv. Vote cast in the wrong box.

v. The ballot papers for the different elective positions shall be of different colors.

vi. The Chief Returning Officer shall announce the results immediately and post a copy

in the tallying centre and after put in the university notice board, website,

Facebook, twitter etc.

vii. In case of a tie a run off shall be held after 5 working days.

Handing over process

This shall be done after 3 weeks from the announcement of the original election results.

6.5 BY ELECTIONS

i. In the event that a position falls vacant for any reason, the vacancy will be

announced by the Student Governing Council through the University/Campus notice

boards, stating the reason for the vacancy. This is to be followed by a full Student

Governing Council meeting to discuss the vacancy.

ii. A By-election will be held within 2 weeks of a vacancy due to any relevant reason,

any time but at least one (1) month before the end of the 1st semester.

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

iv. This shall be done if one ceases to be a student due to death, expulsion or resigns.

v. The secretary general shall declare the seat vacant after consultation with the CGC.

The seat shall be declared vacant within a period of one week failure to which an

automatic by election shall be done.

6.6 ELECTORAL COMMISSION a) Appoint of electoral commission.

b) Should have integrity. c) Have an average of grade B d) Should have served in leadership qualities.

6.7 ROLE OF ELECTORAL COMMISSION

The Electoral Commission shall;-

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

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

iii. Provide necessary and relevant information to contestants.

iv. Do adequate advertising for campaign rallies as deemed necessary.

v. Shall oversee the nomination procedure.

vi. In case of a tie or by election, they shall be deployed to see the election exercise.

3.0 RESIGNATION AND SUSPENSION FROM OFFICE

3.1 RESIGNATION AND SUSPENSION FROM OFFICE

i. Any official of the Organization 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 CGS members. At the expiry of

the seven (5) days notice, she/he shall also publish a notice to this effect on the

University notice board.

ii. Replacement of such an official will depend on the time of resignation. The

official will be replaced if a period of more than one (2) month is left to the

elections. Else, the CGC shall appoint an interim official to act in his/her capacity

among the CGC.

iii. The Secretary General can resign by submitting a written notice to the

Chairperson. The same procedure as for the other officials will be followed.

iv. Any official of the Organization can be suspended by the College Governing

Council and shall receive such notice of suspension as outlined above and the

same procedure as for resignation shall apply.

v. Such suspension shall be for a period of not more than ONE month.

3.2 VOTE OF NO CONFIDENCE

i. In the event of misco nduct, a vote of no confidence shall be proposed by

members of the Student Governing or respective Campus Council and will be

subject to confirmation by two-thirds (2/3) of the Student Governing or

respective Campus Council or will be proposed by any member of SOTTUC and

the motion signed by at least 2/3 of total bonafide SOTTUC members.

ii. A motion for such a vote shall be circulated to all members of the Student

Governing or respective Campus Council within ten (10) days of the intent.

iii. A meeting of the Student Governing or respective Campus Council will be held

within seven (7) days after filing of the motion.

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a) The said motion must be served to the official(s) affected.

b) The affected official(s) shall have the right to defend against such

removal within three (3) days of being served with the motion.

vi. The Dean of Students shall conduct a referendum within Seven (7) days giving

ordinary members entitlement to vote on the motion.

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ARTICLE VIII: DISSOLUTION

7.0 NORMAL DISSOLUTION

(i) The Student Governing Council and College Council shall be dissolved

automatically as soon as the election date for the next year’s Student

Governing Council or College Council is announced. However, the Council

members will continue to perform their day to day activities in a caretaker

capacity.

(ii) New elections shall be held as provided for in this Constitution.

7.1 DISSOLUTION THROUGH VOTE OF NO CONFIDENCE

i. 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 Organization.

ii. 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.

iii. At the meeting, the points of view of both the electorate and the Student

Governing Council or Campus Council member concerned shall be held before a

vote of no confidence is taken.

iv. The electorate shall then vote on the petition.

v. The Student Governing Council 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

vi. The quorum at the meeting shall be as for a General Meeting. If no quorum is

obtained, the proposal to dissolve the Council 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 Organization at least fourteen (14) days

before the date of the meeting.

vii. 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

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meeting shall be given to all members of the Organization at least fourteen (14)

days before the date of the meeting.

viii. The quorum for this third meeting shall be the number of members present.

ix. On dissolution of the Student Governing council or Campus Council, the members

shall then elect a stand-by Executive to take care of the students affairs until a

new Student Governing Council or Campus Council is elected into office.

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ARTICLE IX: FUNDS

8.0 ORGANIZATION FUNDS The funds of the organization shall comprise of:- (i) Subscription from members; (ii) Donations, gifts and grants; (iii) Such monies or assets as may accrue to or vest in the organization in the course

of the exercise of its powers or the performance of its functions under this Constitution; and

(iv) All monies from any other sources provided for or lent to the Organization. (v) Business activities and fund raising.

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

Recurrent expenses; Capital development; Operations and maintenance costs; and To facilitate furtherance of the Organizations objects.

(i) Each student shall pay an annual subscription fee to be determined by the

Student Governing Council or Campus Council in consultation with the Vice-

Chancellor.

(ii) The student fund account shall be in the custody of the University Finance

Officer.

(iii) Withdrawal from the students’ funds shall be made only against the joint

signatures of all the four signatories.

(iv) Requisition of any money shall be submitted to the finance office through the

Dean of Students.

(v) Administration of such funds shall be carried out by the Finance Secretary in

consultation with the Finance Committee, on behalf of the Main Council.

(vi) All financial records shall be kept by the Finance Secretary.

(vii) Individual clubs and societies may be given financial subsidy if deemed

necessary. Such subsidy will depend on the need and shall be approved by the

Finance Committee in consultation with the Executive.

(viii) The maximum expenditure from the fund for each academic year shall not

exceed the total revenue for that year.

(ix) Any funds raised from students' activities organized by the Student Governing

Council shall be reverted to SOTTUC account, and appropriate entries must be

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made in the SOTTUC books of accounts, by the Finance Secretary, to indicate

such revenue.

(x) The Finance Secretary shall submit an up-to-date statement of accounts and

reports, indicating income and expenditure for each academic semester for

approval and publication at every 6th and 12th week of every academic semester.

(xi) The Finance Secretary shall ensure that all books of accounts are submitted to

three (3) external auditors, approved by the Student Governing Council, at the

end of every academic semester for audit purposes.

(xii) 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.

(xiii) 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.

(xiv) The College governing Council shall appoint three (3) qualified persons, as

External Auditors for all SOTTUC books of accounts.

(xv) Thirty five percent (35%) of the total subscription fees from all Campus members

of the Organization shall be paid to the Student Governing Council for

administrative purposes. Sixty five percent (65%) shall remain with the

respective College Council for their own administrative needs.

8.1 MANAGEMENT OF THE FUNDS

i. The finance committee shall be accountable to the CGC.

ii. The finance committee shall give accounting reports to the CGC once a semester.

Due process

i. Each committee shall present a schedule of activities/proposals and their budgets

a(12 month proposal)

ii. The CGC shall select the possible activities.

iii. The finance committee shall ensure that the funds are available for the said events.

iv. There shall be internal and external auditors to audit the financial records.

INTERNAL AUDITOR

The CGC will appoint internal auditor among the students body who is not in the CGC.

EXTERNAL AUDITOR

The CGC will appoint an external auditor who is not a member of the student’s fraternity

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ARTICLE XI: REMUNERATION

9.0 REMUNERATION AND ALLOWANCES OF COUNCIL MEMBERS

i. The finance committee shall propose the allowances to the CGC depending on

availability of funds.

ii. The payments of allowances of the nine (9) organization officials of the Executive

Committee shall be determined by the Finance Committee of the Student

Governing Council.

iii. All other council officials other than those mentioned in (i) above, shall be paid

their allowances from the respective campus kitties.

iv. Nominated members shall be paid from their respective Campuses.

v. The salaries and sitting allowances payable will be reviewed from time to time

subject to availability of funds.

vi. Other allowances such as travel and entertainment shall be determined by the

Executive Committee in consultation with the Office of the Dean of Students.

10.0 ELIGIBILITY FOR ALLOWANCES

a) All elected/nominated members are legible for allowances depending on availability of funds.

b) No retired member shall be eligible for allowance.

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ARTICLE XII: AMENDMENTS

11.0 AMENDMENTS

Amendments to this Constitution may be proposed by two methods;

i. Such a proposal shall not be considered unless it has been seconded and

supported by at least 30% of the total student populations and 2 weeks in

advance. The proposed amendment should also be submitted in writing to the

Executive Committee who shall submit such amendments to The Student

Governing Council for debate to be later presented at a General Meeting.

ii. Amendment shall only be adopted if such a proposal is supported by 65% of the

total SOTTUC members. This amendment shall invalidate any provision

inconsistent with it.

iii. A member of Council may move to amend the Constitution, if decided on and

backed by at least two thirds (2/3) of the Student governing Council on the

Special General Meeting to be called, at which 65% of total student population

should approve and adopt and or reject the proposal.

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ARTICLE XIII: INTERPRETATION

That this Constitution shall be read and construed in accordance with the Laws of Kenya.

jomo kenyatta university students union - taita taveta

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