the reviewed constitution unesa i: name the name of the association shall be: university of nairobi...

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THE UNIVERSITY OF NAIROBI EDUCATION STUDENT’S ASSOCIATION UNESA CONSTITUTION REVIEWED DECEMBER 2015 ©

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THE UNIVERSITY OF NAIROBI

EDUCATION STUDENT’S

ASSOCIATION

UNESA

CONSTITUTION

REVIEWED DECEMBER 2015 ©

ARRANGEMENT OF ARTICLES

PREAMBLE

PART ONE-NAME AND OBJECTIVES

1 NAME

2 AIMS AND OBJECTIVES

PART TWO- MEMBERSHIP

3 MEMBERSHIP

4 RIGHTS, PRIVILEDGES AND OBLIGATIONS OF MEMBERS

5 CESSATION OF MEMBERSHIP

6 SUSPENSION OF MEMBERSHIP

PART THREE- ORGANS OF UNESA

7 ORGANS OF UNESA

8 GENERAL MEETINGS

9 THE EXCUTIVE

10 MANAGEMENT SUB-COMMITTES

11 THE ADVISOR

PART FOUR-ELECTIONS

12 ELECTIONS

13 CANDIDATES QUALIFICATIONS

14 ELECTRAL COMMISSION

15 NOMINATIONS

16 VOTING

17 ELECTION PETITION PANEL

18 ELECTION PETITION

19 SWEARING-IN

PART FIVE-IMPEACHMENT AND DISSOLUTION

21 IMPEACHMENT

22 DISSOLUTION

23 CONSTITUTIONAL AMMENDMENTS

PART SIX-TRANSITION.

24 TRANSTIONAL PROVISIONS

• UNESA Inauguration-(preparing of the budget)

• Write to the Senator/Governor (BGM)- Sign by Dean of students.

We members of the University of Nairobi, Education Faculty, cherish that we belong to this

independent and sovereign state and to this autonomous premier learning institution. We value

our highly esteemed College of Education.

In further of our objectives which include academic excellence and quality education for all, we

are committed to promote goodwill amongst students and between them and administration

especially in matters of professional teaching.

We recognize the aspiration of all students and the entire University community, members for a

quality education based on essential values of human rights, equality, freedom, democracy,

quality.

Social justice and general rule of law. We therefore hope to adopt enact this constitution to

ourselves and to the future generations who shall yearn for the best as we do.

We are therefore proud to live in peace and Unity which we will help us achieve our objectives.

We therefore reaffirm our commitment to issues of professionalism and academic competency.

This we believe will significantly contribute to the building of our national and the University of

Nairobi, College of Education.

God bless University of Nairobi.

ARTICLE I: NAME

The name of the Association shall be: University of Nairobi Education Students’ Association,

hereinafter referred to as UNESA.

ARTICLE II: AIMS AND OBJECTIVES:

Aims and objectives of UNESA shall be:-

• To estimate an efficient, accountable transparent organization for students of Education.

• To promote the general academic welfare of its members and in particular strive to

enhance provision and attainment of quality education and champion academic

excellence.

• To encourage the development of worthy traditions especially in matters of academic

interests.

• To liaise and work in close solidarity with other students’ organizations, Association

clubs and to establish friendly relations with such and other relevant organizations.

• To improve student-lecturer relationship by trying to develop and enhance mutual

confidence and trust among member-students and their lecturers.

• To publish and distribute a magazine or any other publication in which members mutual

can give expressions to their views, thoughts, ideas and creative talents.

• To carry out research in various fields of Education and myriad educational pursuits.

• To organize symposia (symposiums) and for a which will include presentations,

discourage and academic excursions.

• To raise funds through any lawful means for purposes of achieving the aims and

objectives of UNESA.

ARTICLE III: MEMBESRHIP.

UNESA shall have three (3) categories of members:

• Ordinary members who shall be:

• Either Government sponsored students dully admitted by the senate herein

referred to as Module I.

• Self sponsored students dully admitted by the Senate council herein referred to as

Module II.

• Associate members who shall:

• Include all dully admitted post Graduate students of the University of Nairobi.

Faculty of Education and any other member of staff who is Education Students.

BUT NOT UNESA member by then.

• Associate members shall contribute towards UNESA treasury five hundred

shillings annually or as the UNESA advisory committee may decide from time to

time.

• Honorary membership who shall:

• By resolution of two-thirds of UNESA cabinet bi invited from former members or

former leaders of the Association or anyone who on recommendation of the

Association Dean of students and UNESA advisor, who has outstanding

contribution or valuable service to the Association.

• Serve for two year renewable upon satisfactory performance approved by the

UNESA executive.

ARTICLE IV: RIGHTS AND OBLIGATIONS OF UNESA MEMBERS:

All members of UNESA shall have a diverse rights and privileges

Sectional 1: Ordinary members of UNESA will have rights and obligations:

• To take part in all activities of the Association except that which is mandated to executive

on ONLY.

• To participate in proceedings of general meetings.

• To elect and be elected to any position of UNESA.

• To be nominated or appointed to be a UNESA delegate in any for a by the executive

Committee.

• To express his/her opinions freely in any matter affecting interest of members which fall

within the aims and objectives of UNESA as set out here in without victimization and

• To make use of facilities of the Association without let or hindrance as provided in this

constitution.

SECTION 2: AFFILIATE AND HONORARY MEMBERS:

Shall have the following rights:

• Participate in proceedings of UNESA meetings, but with no voting rights.

• To express their opinions/ ideas in accordance with Article IV section 1 (e) hereof.

• To make use of Union facilities with consent of Executive Committee.

SECTION3: OBLIGATIONS OF ALL UNESA MEMBERS

• Accept and abide by, the letters and spirit of this constitution.

• Contribute to the implementation of decisions of the General Special and Executive

Committee meetings.

• Observe and comply with the decisions, resolutions and directives of the majority; his/her

disagreement with popular views or upholding divergent opinion notwithstanding.

ARTICLE V. CESSATION OF MEMBERSHIP

One shall cease to be UNESA members when;

• He or she completes the degree programme at the University of Nairobi or voluntarily

prior to the expiry time in case of Honorary members.

• He/she transfers to another University, Death, suspension for more than three years or

Expulsion or discontinuation by the University for a relevant reason acknowledged by the

Senate or Mental Insanity.

• The Executive Committee is convinced that the Associate or Honorary Members is in

sighting other members to bridge the letter and spirit of Constitution.

ARTICLE VI: SUSPENSION OF MEMBERSHIP:

A member may be suspended PROVIDED that he/she is rendered to a fair hearing, having the

right to appear in person or be presented, to address, submit empirical evidence or have access as

provided by the Constitution of Kenya 2010 and this Constitution, when the Executive with

advice from the UNESA advisor resolves that such a member has contravened the UNESA

Constitution and (or) defiled the dignity of the University of Nairobi the disciplinary council

credits it.

PART THREE: ORGANS OF UNESA

ARTICLE VII: Organs of UNESA

There shall be established in UNESA.

• General meetings

• Executive

• Management sub-committees

• UNESA advisor

ARTICLE VIII: GENERAL MEETINGS

There shall be three (3) categories of General meetings;

• Annual general meetings

• Special general meetings

• Semeterly general meeting

• Extra ordinary general meetings (Kamukunji)

The Annual General Meeting (AGM) shall;

• Be the Supreme decision making body of UNESA.

• Be held NOT LATER than twelve (12) months proceedings the previous AGM . Notice

in writing, coupled with Annual report and accounts as stipulated in the Agenda for the

meeting shall be communicated to the members in not less than two (2) weeks by the

Secretary General or the deputy Secretary General.

• The Agenda for the meeting shall consists of confirmation of last meetings minutes,

tabling of annual accounts and other vital matter’s as the Executive may deem suitable

under the Chairman.

SPECIAL GENERAL MEETINGS:

The special General Meeting (SGM) may be called by the Executive for a specific reason that

requires critical decision making and urgency. Such meetings shall incorporate the Advisor. The

Secretary General or in his/ her absinthial the Deputy shall communicate to members in writings,

seven (7) days prior and clearly articulate Agenda.

Further, the SGM may also be requested by NOT less than a hundred members in writing to the

Secretary General and upon validation by the Chairperson. The notice shall thereafter be sent to

ALL members no matter shall be discussed apart from that which is sated in the requisition.

SEMETERLY GENERAL MEETING;

There is established in UNESA, the Semeterly General Meetings shall;

• Be called by the Chairman or Vice-Chairman for the purpose (s) or in the absence of

Organizing Secretary through the Secretary General. The meeting shall be either in the

beginning, mid or at the end of the Semester as the Executive may deem suitable.

• Have the Minimum number of third (1/3) the total number of members of UNESA.

EXTRA-ORDINARY GENERAL MEETING (KAMUKUNJI)

There shall be in UNESA the Extra-ordinary General meetings (Kamukunji) that shall.

• Be called for any purpose or regarding any emergency by the Chairman or in their

absence the Vice-Chairman or in their absence the next Senior official of the executive.

• The quorum of Extra-ordinary meeting shall be those members present at the meeting on

condition that the decision reached upon shall be subjected to the executive and special

probe committee (spc) for approval.

Article IX: THE EXECUTIVE

• The Executive Composition

The UNESA Executive shall consist of:

• The Chairman

• The Vice-Chairman

• The Secretary General

• The organizing secretary

• The Treasurer

• Secretary special needs.

• Secretary Gender Affairs

• Powers and Functions of the Executive

The established UNESA executive shall:

• Be responsible for the daily operations of UNESA.

• Implement the decisions of the AGM.

• Have powers to deal with emergency matters but shall report to the General members at

the special General meeting or AGM to seek justification.

• Have powers to deal with any petition lodged to it by any members through the office of

the Secretary General provided that any organ of UNESA has failed to act as per thus

constitution.

• Act on the mentioned petition in (iv) above upon the complainant having informed the

Secretary General in writing and the Secretary General having tabled the letter before the

executive members that has been signed by at least a hundred (100) members.

• Appoint members of the sub- committees as stipulated in this constitution Article (10).

Handle, deal, manage any matter(s) directly affecting or incidentals to the governance of

UNESA or all that is envisaged or apparent thereto.

• Perform as per the provision of this. Constitution any other functions delegated to it by

the Administration (University)

• NOT have more than two thirds members of the same gender.

• CHAIRMAN

• There is established office of UNESA Chairman.

• The chairman shall:

• Be the head of UNESA and the Executive as well as be responsible for all the

daily running of UNESA.

• Preside over the UNESA and Executive meetings unless hindered by illness or

any other reasonable cause.

• Be the Supreme signatory to the UNESA and Executive.

• Act as an ex-official member of all the Sub- management Committees;

• Represent the UNESA in the Academic forums of the College under the College

Principal.

• Appoint and (or) nominate members of adhoc committees and such committees

shall dissolve upon the completion of their specified duty.

• Carry out other duties delegated to them by the Executive or any other authority

provided . such duties do not contravene this Constitution or the Constitution of

Kenya and its laws.

• The Chairman is entitled to accommodation within the College for easy execution of their

duties.

Legal Affairs Secretary.

There shall be established within UNESA, the office of the Secretary legal affairs who shall:

Be a member of the executive.

Be a member of disciplinary committee of College level

Be responsible together with the executive ensure that the UNESA constitution is upheld and

implemented.

Preside over during any amendments on the UNESA constitution and advise the committee

accordingly.

Sports and entertainment Secretary

There shall be established within UNESA, the office of the Secretary, Sports and entertainment

which shall:

• Be in charge of Sports and entertainment within the College.

• Coordinate together with the Chairperson and the Secretary General in conjunction with

the office of sports and assistants dean of students to ensure students are served with a

diverse facilities for games to exploit their talents.

• Be reliable to ALL sports facilities within the College and in consultants with the

Chairperson and sports department decide what activities should be held.

Academic co-ordinator

Health and sanitation

Accommodation and catering

GENDER AFFAIRS SECRETARY

Benefits to Executive:

Chairman-Fully paid

Secretary General

Treasurer

Organizing secretary

Legal Affairs

Vice Chair.

Academic co-ordinator

There shall be the office of academic co-coordinator, which shall:

• Co-coordinator all the class representatives.

• Be in charge of all academic events within the College in conjunction with the

Chairperson and the Office of the Dean.

• Ensure ALL students access to information pertaining academics exams, results and

handle all complains concerning the same together with UNESA executive and the

respective offices.

• Together with the Executive, UNESA and the offices of the Dean and the Library ensure

that the library is well stocked with the current stationery to facilitate learning.

Health and Sanitation secretary.

Within UNESA, there shall be a well defined office of secretary, health and sanitation which

shall:

Ensure in liason with the health department of the college, that halls of residence are kept tidy as

possible.

Ensure that all dispensers are filled and refined occasionally with protective condoms to

minimize spread of STD’s among community members.

Be in charge of all health events within the College and shall with reasons advise administration

on matters of health.

Gender Affairs Secretary

There shall be the office of the secretary, gender affairs that shall:

Ensure gender parity within UNESA cabinet is withheld.

Oversee the UNESA cabinet to ensure NO homogenous sex hold more than two-thirds of the

cabinet.

Protect the rights of the marginalized groups within the college community.

Executive Benefits

There shall be a set of fringe benefits to the UNESA executive

Chairperson

The UNESA Chairperson shall be entitled to:

A single room that guarantee him/her privacy and security to deliver his/her services within the

University premises.

A salary of three thousand (Ksh 3000/=) per month.

Secretary General

The UNESA secretary General shall be entitled to:

• A single room that will ensure him/her privacy and security to deliver his/her services

within the University premises.

• A salary of two thousand shillings (Ksh 2000) per month.

• UNESA OFFICIALS

All UNESA officials shall be:

Allocated rooms within the College upon payment of accommodation as per the University

regulations.

Entitled to a sitting allowance upon the completion of AGM ,SGM,SM and any other official

meeting.

Be awarded certificates at the end of their tenure.

UNESA shall have:

• One (1) elected year representative from each group with their deputies who shall

have been their running mates,

• These year representatives shall not exceed two-thirds (2/3) the same sex.

• One third of the total year representatives and their deputies shall be from

marginalized group.

• THE CHAIRPERSON:

There is established the office of UNESA Vice-Chairman.

The Vice-Chairman shall:

• Deputize the chairman and act as the chairman in the latter’s absence.

• Be in charge of UNESA finance and in consultation with the Chairman mobilize resource

as well as prepare proposals for raising finances and resources for the Association.

• Be responsible for all UNESA administration matters and co-ordination of various

secretaries for mutual functioning.

• In consultation with secretary for special needs, ensure that welfare of needy and students

with physical disparities are catered for.

• Be in charge of security in case of any UNESA function.

• Perform any other functions as may be authorized by the Chairman and or the executive.

• SECRETARY GENERAL

• There is the established office of the secretary general.

• There secretary general shall:

• Be the secretary of UNESA and the Executive at all functions.

• Take minutes of ALL Executive meetings as well as general meetings.

• Take minutes of ALL Executive meetings as well as spokesperson.

• In consultation with the Executive, draw the Agenda of the UNESA meetings and

communicate to the public.

• Keep accurate register of members, files and other valuable documents and assets of

UNESA and avail them in case of dissolution, vote of no confidence, elections or any

other purpose (s)

• Be co-signatory to all UNESA documents ejusdem generis with the Chairperson or any

other official as stipulated by the constitution.

• Attend all executive and UNESA meetings unless prevented by sufficient reasons

familiar to the Executive.

• And perform duties delegated to them by the executive and (or) the Chairman as per this

constitution.

• ORGANISING SECRETARY

There is established office of the Organizing Secretary.

The organizing secretary shall:

Be the organizer to the Executive.

• In conjunction with the Chairman and secretary general draw the UNESA annual

Calendar of events.

• Oversee the actual organization of UNESA activities.

• In collaboration with the Secretary General, nominate members of External Affairs

committee,

• Attend ALL executive and organizational meetings unless prevented sufficient reason

made known to the Executive.

• Perform any other duties delegated to them by the Executive and (or) by the

Chairman.

• THE TREASURER

• There is established the office of the UNESA Treasurer;

• The Treasurer shall;

• Be the Association’s treasurer.

• Be a signatory to ALL UNESA bank cheque and other negotiable documents together

with the Chairman and the Secretary General.

• Draw the Annual budget of UNESA and table it before the executive and the Annual

General meeting (AGM) for approval.

• Keep all records of UNESA with respect to each receipt and payments, income and

expenditure, assets as well as liabilities.

• Prepare the Annual accounts of UNESA and table it has a report before the AGM,

• Prepare any other financial report the may demand from time to time.

• Ensure sufficient internal control exists to protect the UNESA assets.

• Attend ALL executive and UNESA meetings unless prevented by sufficient reason made

known to the Executive.

• Perform duties delegated to them by the Executive and or by the Chairperson.

• SECRETARY SPECIAL NEEDS.

• There is established in UNESA, the office of secretary from special needs shall;

• Represent the interest of students with special needs in UNESA.

• Be Chair and have powers and have power to nominate of the special needs committee as

stipulated under this.

• Members going for executive positions SHALL be vetted in public to measure

competency before collecting nomination papers.

• Constitution for appointment by the executive.

• Acts as a link between UNESA and other professional bodies that provide aid to the

special needs personalities.

• Represent students with special needs in SWA management Board within the Campus,

• Liase with Administration and various department within the College to ensure students

with special needs are well catered for.

• Subject to this constitution perform such other duties as may be delegated to them by

executive or the Chairman.

• SECRETARY GENDER AFFAIRS.

• There is established the office of secretary, Gender Affairs.

• The secretary for Gender Affairs shall:

• Be the UNESA secretary in charge of Gender Affairs.

• Be the Chair and nominate members of the Gender Affairs committees as stipulated

under this constitution.

• Act as a link between UNESA and other professionals bodies concerned with Gender

Affairs including WOSWA.

• Subject to this constitution, perform any other duties that shall be delegated to them by

the executive and (or) the UNESA chairman.

Further there is established within UNESA, the following offices;

• Secretary publicity

• Secretary sports and entertainment

• Secretary legal Affairs

• Secretary external Affairs

• Secretary academic Affairs

• Secretary Health

• Secretary Environment

• Secretary Accommodation and Catering

• Year representatives

The offices stipulated shall perform their duties as delegated by the executive under the

Chairman and shall be subjective to the letter under the provisions of this constitution.

ARTICLE X: MANAGEMENT SUB-COMMITTEES.

• UNESA shall have the following management sub-committee that shall work hand in

hand with the Executive.

• Committee for Academic Affairs-CAA.

• Special Probe Committee-SPC.

• Social cultural Affairs committee-SCAC.

• Any other committee appointed by the AGM or the Executive.

• As provided in Article (ix) of this constitution, the Management sub-Committee shall

executive their duties as directed by the executive and (or) the UNESA chairman as per

the nature of the issues.

ARTICLE XI: THE ADVISOR:

There shall be an advisor of UNESA who shall be a distinguished member of the general public

of the University community or non-governmental organization who shall be appointed by the

executive and approved by the members of UNESA.

The advisor shall;

• Be eligible for re-appointment in the office,

• Serve for a maximum of two terms in the office

• Give the executive desirable advice on technical issues that may arise from time to time;

• Give UNESA any relevant assistance deemed necessary by the executive provided that

he/she shall;

• NOT be remunerated

• NOT vote in any UNESA meeting.

PART FOUR: ELECTIONS

ARTICLE XII: ELECTIONS

There shall be three (3) types of elections in UNESA.

• General Elections

• First years’ elections

• By-elections

• GENERAL ELECTIONS

• Elections shall be held between April 1st and May 1st of every year.

• The general elections shall be held two weeks after the Chairman has declared the

dissolution of the UNESA cabinet.

• In case the chairman fails to dissolve the cabinet, the cabinet shall stand dissolved within

four (4) days after the official dissolution date of March 30th every year.

• FIRST YEARS ELECTIONS:

• There shall be first year elections for every group

• The first year’s elections shall be held three (3) weeks after orientation.

• Only two (2) representatives shall be elected, one representing each Gender.

• The elected person should be a registered member of UNESA and should have a satisfied

the nomination requirements.

• The elected persons shall be sworn in as provided for in article nineteen (19)

BY-ELECTIONS

1) A vacancy and by-election shall be held whenever an office or seat falls vacant by reason of:-

(a) A successful petition

(b) Cessation of studentship through expulsion from, or discontinuation by the University

(c) Imprisonment for a term longer than three months

(d) Death or physical or mental infirmity

(e) Contravention of the Constitution of Kenya 2010 and any other relevant law.

(f) Resignation, or suspension from the University for a Period longer than three months.

2) The by-election shall take place within fourteen (14) days of the office or37seat falling vacant

and shall follow the same procedure as provided for in Part Four of this Constitution;

3) A by-election shall not be held unless there are at least three months to the next General

Election;

ARTICLE XIII (a): CANDIDATES QUALIFICATIONS

ALL UNESA candidates shall:

• Be registered ordinary members of UNESA

• Only contest for one position in an election.

• Contest for the executive position if they have been members of UNESA for two (2)

times.

• NOT be eligible to context for the same executive position consecutively for two

(times).

• Present their certificates of good conduct from the assistant Dean of students to the

election commissioner.

• NOT be of the same gender, ethnicity year of study and (or) without minority

representatives.

• Be eligible to public vetting after nominations.

• Sign peace accord upon which they shall be held liable during elections.

ARTICLE XIII (b) 1)The following seats shall be reserved for the minority gender in the previous

Executive:

I. Secretary Gender Affairs

Ii. Secretary Academic Affairs

Iii. Secretary Finance

Iv. Secretary Health and Environment

2) The UNESA Chairman and Vice-Chairman shall be running mates and shall not

be of the same gender.

ARTICLE XIV: ELECTORAL COMMISION.

• UNESA shall have an established electoral commission to conduct and monitor

its elections.

• The electoral commission shall consists of the outgoing executive and the

UNESA advisor,

• Reference to section 2 above, the executive official contesting for any position

shall be replaced by the outgoing senior.

• The chairman shall be the senior most person in the commission, followed by the

secretary general, Vice-chairperson and proceed in that order as provided in the

UNESA constitution article nine (9)

• The UNESA advisor shall oversee the elections and preside over the vetting

process.

ARTICLE XV: UNESA NOMINATIONS

• All UNESA contestants shall pick their nomination papers from the office of the

outgoing chairman five days after dissolution of the cabinet.

• The nomination papers for executive posts shall be signed by the candidates, the two

proposers and two hundred and fifty (250) seconders.

• Nomination papers for other UNESA members shall be signed by the candidates, the two

proposers and one hundred (100) seconders.

• Nomination papers shall be returned three days (3) later from the date of collection from

the Chairman’s office to the office of secretary general for final verification.

• Names of successful members shall be published within twenty four (24) hours after

receiving the nomination papers by the secretary general.

• Official UNESA campaigns shall commence after the approval of the nomination forms

in case of General elections.

• In case a candidates who is already nominated want to withdraw he/she should put in

written the request addressed to the secretary general and dully signed by the candidate,

at least one proposes and any other members as provided in section two (2) and three(3)

above.

ARTICLE XVI: UNESA VOTING:

• Voting in UNESA election shall be voted by secret ballot, simple majority system on the

merit of one member, one vote.

• Every candidate shall vote first, then their agents known to the electoral commission a

day before voting before the general members.

• Voters shall provide their valid students cards or national or first year’s elections, letters

of admission.

• The electoral register shall be prepared by the office of assistant dean of students prior to

voting day.

• All ballot boxes shall be transparent, of fixed number, certified and recorded.

• Voting exercise shall be held at the venue decided by the electoral commission that

guarantee members safety and voting transparency.

• After voting exercise that shall ended at 6pm, the counting shall be presided over by the

returning officer.

• During tallying, the candidates agents shall witness the counting.

• The chairman office electoral commission shall announce the results and declare the

winner after consultation with the electoral panel.

• In case there is a tie in an election, the election shall be held a fresh within one week after

the date of declaration of the past election’s results.

ARTICLE XVII: PETITIONS PANEL

• UNESA shall have the election petition panel that shall:

• Consists of UNESA advisor, the outgoing executive and the assistant dean of

students.

• Be chaired by the member of the University council at the campus level.

• NOT involve executive members who took part in the election.

ARTICLE XVIII: ELECTION PETITION:

• A petition may be lodged with the panel by a candidates or their representatives within

three (3) days after election.

• A petition may be lodged when a candidate or a representative believes election rules and

regulations had been in fringed- during elections

• For every petition, the complainant should state and (or) provide empirical evidence of

constitutional breachment, provide empirical evidence of constitutional breachment.

• The panel under the Chairman shall determine the petitions justify within seven (7) days

after the lodging of the petition.

• The complainant or the defendant may be allowed to have legal representation.

• Incase the complainant or the defendants fail to appear in person or represented, the

panel shall decide and their decision is final and binding.

• In case the panel find the petition valid, the seat shall be declared vacant and a by-

election shall be conducted as provided under article (20) of thus constitution.

ARTICLE XIX: SWEARING-IN

• The elected person shall be sworn in by the outgoing chairman.

• The swearing in ceremony shall be open in the public at any suitable venue as may be

advised by the executive.

• The swearing in shall be within three days after elections unless article 18, section 1 is

effected.

• Swearing in shall be between 8:00am and 5:00pm.

• After being sworn in, the elected officials shall assume office then.

ARTICLE XXl: BY-ELECTIONS.

• UNESA by-election shall be held in case of:

• A valid and successful petition.

• Death or mental or physical infirmity of the office member.

• Registration of the office holder.

• Expulsion, suspension or discontinuation of the office holder by the University.

• Imprisonment of the office holder from more than three (3) years months.

• Violation of the provisions of this constitution or the Kenya constitution 2010.

• The by-elections shall be held within twenty on (21) days after the seat had been

declared vacant.

• Subject to article 13,15,16,18 and 19. All by-elections should be free of bias.

• Before the by-election, the executive shall appoint a member other than executive

official to be in acting capacity of the former office holder.

PART FIVE: IMPEACHMENT AND DISSOLUTION

ARTICLE XXI: IMPEACHMENT

• Any ordinary or cabinet UNESA member supported by two thirds of the members of

cabinet officials may move a motion for impeachment of an official.

• The impeachment may be effected on condition that:

• The subject member has violated the UNESA constitution, Kenyan constitution 2010

and any other University law.

• He/she is a subject of gross misconduct

• There is empirical evidence that the subject member should be dislodged from the

office.

• Provided that the motion of impeachment is supported by two thirds, the executive

together with the UNESA advisor shall convene to hear charges against the official.

• The special probe committee (SPC) with an odd number of members shall be constituted

by the executive to investigate the matter and report to the Special General Meeting

(SGM), within seven (7) of the findings.

• The official subject to impeachment shall be granted his/her rights as provided in Kenyan

Constitution 2010, during the allegation period.

• If the special probe committee fails to substantiate the allegations against the member, the

motion shall be dropped.

• Provided the SPC substantiate the allegation, there shall be voting on impeachment

charges against the member (official)

• If two thirds vote pro-impeachment of the official member, the official shall ceases to

hold office.

ARTICLE XXII: DISSOLUTION

• NO authority shall have power to dissolve UNESA except the AGM’S decision

supported by at least two thirds of all UNESA members.

• Provided that rule (1) above id duly validated, all UNESA assets and liabilities shall be

bequeathed to other operating students organizations within the campus/college.

• Considerate to cap (1) above, UNESA shall cease existence.

ARTICLE XXIII: CONSTITUTION AMENDMENTS:

• Any UNESA member may request for amendment of this constitution in written to

AGM.

• The motion should be supported by at least two-thirds of the bonafide members of

UNESA.

• The academic registrar of the University of Nairobi and the Registrar of societies shall

have to be notified (if need be) per the laws of Kenyan constitution 2010.

PART SIX: FINANCE

ARTICLE XXIV: REVENUE

UNESA shall have various lawful sources of its revenue that include;

• University /College allocation.

• Donations

• Grants

• Any other constitutional means

ARTICLE XXV: EXPENDITURE

The UNESA revenue shall be used to the benefit of general members and in accordance with its

constitution. This shall be in conjunction with the Calendar of events of the academic UNESA

year.

ARTICLE XXVI: ANNUAL ACCOUNTS:

In partnership with the accounts office, the UNESA treasurer shall prepare annual account. It

will be reported, table it at the AGM.

PART SEVEN: TRANSITION.

ARTICLE XXVII: TRANSITIONAL PROVISIONS.

• This constitution shall be affected upon being adopted and approved by the UNESA

executive.

• For the first elections under this constitution, the following shall apply:

• Members eligible to vote and be voted for shall be all registered students of school of

education, University of Nairobi.

• Procedural provisions that may impede the immediate realization of the first elections

shall without prejudice to the substance of this constitution be suspended up to and

until the first election is done.

• After the first executive is duly elected, the students transitional committee shall

dissolve and all the provisions of the constitution shall hence forth operate.