Kenya Constitution


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Kenya Constitution

KENYA EVALUATION ASSOCIATION

 

(KENEA)

 

CONSTITUTION

&

RULES

January 1999

 

ARTICLE I

The Association

 

The name of this association shall be the Kenya Evaluation Association (KEA) here in after referred to as "The Association".

The Association is a brain child of a group of professionals involved in evaluation activities in various capacities who are interested in promoting programme evaluation as a profession. The Association is dedicated to the advancement of professional evaluation practice in terms of knowledge and techniques. The Association believes that this country will always require evaluators of the highest integrity, resourcefulness and skills.

 

ARTICLE II

Purpose of the establishment

 

Mission Statement:

 

To develop evaluation as a profession and promote an

appropriate level of professionalism.

The General Goals:

To develop partnership with local and internal evaluation organization.

To act as an advocate for evaluation.

To develop programmes to guide evaluation practice.

To influence evaluation programmes of academic institutions.

To educate and train members of the association in evaluation practice and processes.

To provide forums for formal professional evaluation activities.

To provide information to interested parties about new developments in the field.

To develop a consensus on evaluation behavioral code.

To link evaluation members and associations with similar evaluation interests.

To establish evaluation support or aid in establishing evaluation support of charity associations or institutions.

To develop a code of ethics for evaluation practitioners.

 

 

 

ARTICLE III

Specific objectives of the association

 

The following are the objectives of the association:

1. Sensitizing policy makers, NGOs, donor community and general Programme Evaluation practitioner on programme evaluation process and practice making evaluation and monitoring and evaluation practice an integral part of programmes.

2. Establishing and maintaining cooperation, collaboration and affiliation with international evaluation organizations and local or international agencies interested in Programme Evaluation.

3. Developing a framework including a code of ethics within which Programme Evaluation practice in Kenya can operate.

4. Promoting Programme Evaluation as a part of formal education at various levels of academic institutions in Kenya such as the university.

5. Educating and training members of the Association in new techniques in the area of programme evaluation.

6. Acting as an advocate for Programme Evaluation use, development, and practice in the Kenyan the community.

7. Providing a forum for formal professional Programme Evaluation activities through conferences, workshops and seminars.

8. Informing interested parties and members about new developments and contemporary issues in the field of Programme Evaluation.

9. Assisting government, organizations or institutions in identifying qualified evaluators and censuring the standard of evaluations conducted by members of the Association.

10. Developing and implementing a strategy or framework for publishing a roster of evaluators working in Kenya.

11. Establishing Programme Evaluation support for charitable organizations or institutions.

12. Planning for publication of Programme Evaluation work conducted by evaluators in the Kenya

13. Put up a resource center for Programme Evaluation materials _ Books, publications, journals and evaluations and evaluations carried out.

14. Produce a Kenya Evaluation refereed Journal.

The Association shall also have powers to raise or borrow money for the purpose of the institution on such terms and on such security as shall be thought fit and to do such other things as shall further the attainment of the above objectives or any of them.

The Association shall always be non-partisan and shall not in any way be involved in, or support any partisan/ political activities deemed to have political connotation.

The Association shall not support with it’s funds any object, or endeavor to impose on or to procure to be observed by it’s members or others, on any registration, restriction or condition which as an object of the institution would make a trade union.

 

ARTICLE IV

Membership and Subscription

Ordinary membership shall be open to individuals over the age of eighteen years provided that such person shall hold acceptable academic or professional evaluation qualifications. The qualification will be reviewed from time to time as the association grows into a professional body. Application for individual membership shall be determined by the committee and shall be accompanied by the relevant registration fees and annual subscription at the time of application.

 

Every member shall pay a registration fee of Kenya Shillings Five Hundred (KShs. 500*) and an annual subscription of Kenya Shillings Two Hundred and Fifty (KShs. 250*) or such fees as shall be determined by members during annual general meetings.

 

Institutional membership shall be open to private or public institutions or agencies carrying out evaluation of development activities. An institution or agency shall become a member of the association upon payment of a registration fee of Kenya Shillings Two Thousand Five Hundred (KShs. 2,500/=*) and an annual subscription of Kenya Shillings One Thousand (KShs. 1,500/=*) or such fees as shall be determined by members during annual general meetings. The staff within the institution shall be members under the umbrella of the institution and will only be able to vote on behalf of the institution and not as an individual unless they have individual membership as well.

Honorary membership shall be bestowed upon individuals who have made outstanding contributions to the development of the profession. Members may nominate or recommend individuals for honorary membership. Such nominations or recommendations shall be subject to approval by the executive. An honorary member shall not be required to pay registration fee or annual subscription.

Student membership shall be open to students registered in academic institutions that award certificates/diplomas or degrees in areas relevant to the practice of evaluation as deemed by the Committee. A student member shall not be required to pay any registration fee or annual subscription.

Any member desiring to resign from the association shall submit his or her resignation to the secretary, which shall take effect from the date of receipt by the secretary of such notice.

If annual subscription is in arrears for two years, a member shall be given notice in writing, and if such subscription remains unpaid after one month from the date of such notice, a member shall henceforth cease to have privileges of subscribed members. The Committee may, however, at its discretion, reinstate such a member on payment of the total amount of subscription outstanding. Any member expelled from the society shall have the right to appeal within six months of such expulsion.

 

Any member may be expelled from membership if the Committee so recommends and if a general meeting of the society shall resolve by a two thirds majority of the members present that such a member should be expelled on the grounds that his or her conduct has adversely affected the reputation or the dignity of the society, or that he or she has contravened any of the provisions of the constitution of the society. The association shall have powers to suspend a member from his or her membership until the next general meeting following a suspension and the member whose expulsion is proposed shall have the right to address the general meeting at which his expulsion is to be considered.

Any person who resigns or is removed from membership shall not be entitled to a refund of his or her subscription or any part thereof or any moneys contributed by him at anytime.

ARTICLE V

Office Bearers

The office bearers of the association shall be:

a). The National chairperson : Karen T. Odhiambo

b). Vice-national Chairperson : Abel Mugenda

c). Secretary : Kate Spring *

d). Treasurer : Wanjiru Mburu

 

Other office bearers/committee members

e). Out-going chairperson : Mahesh Patel

f). Publics relations and international liaison officer : Yamina Djacta

 

The Committee shall have powers to appoint other members to such other positions in the committee and assign duties to perform various duties it may deem necessary.

All office bearers shall be duly paid members of the society and shall be elected at the general annual meeting to be held each year and shall be eligible for re-election.

All office bearers shall hold office from the date of election until the succeeding annual general meeting. The National Chairperson shall serve for two terms and not more than three terms.

Any member who ceases to be member of the Association ceases to be a bearer of office. Office bearers may be removed from office in the same way as is laid down for the expulsion of members and vacancies thus created shall be filled by persons elected at the annual general meeting resolving the expulsion.

 

 

ARTICLE VI

Duties of office Bearers

The chairperson

The chairperson shall:

i. be a professionally qualified evaluator with academic or formal programme evaluation training which should be backed by a certificate and or transcript. The contact time for the formal training should not be less than less than a continuous period of six months**

** The qualification will be further discussed and agreed upon by KENEA members in accordance to the needs and requirement of a growing professional body. The discussion will take place in a formal forum once the association is officially registered.

ii. preside over all meetings and at all general meetings unless prevented by illness or other sufficient cause.

iii. deal with all the correspondence of the Association.

iv. call on members to perform certain duties as will be defined by the chairperson and the members from time to time and to appoint members to special committees or task forces as may be required an to appoint a chair and a rapotear for each meeting.

v. call the annual general meeting.

vi. design and implement a system of integrating participating organizations and individuals into a community of evaluators in Africa by keeping a roster.

 

vii. act as an advocate and spokesman for the association, develop partnership with local and international organizations,

The chairperson will ensure/ organise:

viii. publication for evaluation work carried out in Kenya.

ix. the establishment of and help maintain a resource center for books, publications, journals _ literature on evaluation through liaison with international universities, evaluation publishers, and international evaluation associations.

x. exchange programmes and training as well as visitations with other academic institutions and evaluation associations for members.

xi. a system of monitoring and documenting evaluation activities in the country.

 

Vice-Chairperson shall perform any duties of the chairperson in his or her absence as agreed by the chairperson. The decision made as a result shall be subject to ratification or otherwise at the next members meeting. Shall call meetings in the absence of the secretary (see secretary below).

The outgoing chairperson shall be a member of the Association for the period following their term(s) in office. The outgoing Chairperson shall participate in all the Associations activities as an advisor to the chairperson and together guide the association on any professional matters.

The secretary shall be responsible for keeping minutes of all Committee meetings and all general meetings. The secretary shall also issue notices of the committee and general meetings of the society through the chairperson/ committee and to maintain a log of all members of the association.

The treasurer shall receive and shall also disburse, under the direction of the office bearers, all monies belonging to the society and shall issue receipts for all monies received by him and preserve vouchers for all monies paid by him. The treasurer shall make sure that proper books of account of all monies received and paid by the society are written up, preserved and made available for inspection within a reasonable notice.

Public’s relations and international liaison officer shall on behalf of the Association promote the association’s activities and existence at local and international levels.

 

ARTICLE VII

The Committee and its Duties

The Committee shall consist of all the office bearers of the association and all other members elected at the annual general meeting.

The Committee shall meet at such times and places as it shall resolve but shall meet not less than once in three months.

The Committee shall be responsible for the management of the Association and for that purpose may give directions to the office bearers as to the manner in which, within the law, they shall perform their duties. The Committee shall have powers to appoint Sub-Committees, standing or ad hoc, to handle any matters or issues affecting or relating to the management of the association and make recommendations upon which decisions may be made or actions taken by the Committee.

ARTICLE VIII

General Meetings

 

There shall be four categories of meetings as follows:

1. The annual general meeting shall be held not later than February of each year. Notice in writing of such annual general meeting accompanied by the annual statement of account and the agenda for the meeting shall be sent to all members not less than two weeks before the said date. Agenda for any general meeting shall consist but not limited to:

a) Confirmation of minutes of the previous annual general meeting.

b) Consideration of the accounts.

c) Election of office bearers and committee members.

d) Appointment of auditors.

e) Any other matter as the committee may decide or for which a notice of not less than four weeks shall have been given by any member.

f) any other business with the approval of the chairperson.

 

2. Members meetings, which may be held once every month or as seen fit for the purposes of providing a forum of exchange of experiences, views and ideas among members.

Special general meeting, which may be held for specific purpose by order in writing to the secretary of not less than 21 days and with a quorum of not less than one third of the members.

3. Committee meetings, which shall be held as stipulated in Article VII above.

4. Annual Dinner with specific date to be decided during the annual general meeting and during which a special guest will be invited to give a key note speech.

5. There will be a meeting with the African Evaluation Association (AfricaEA) at least once a year or as will be agreed upon by the AfricaEA

 

ARTICLE IX

Procedure at Meetings

Meetings shall be presided over by the Chairperson or in his or her absence, the Vice-Chairperson or any other office bearer in the absence of either one.

The chairperson may at his or her discretion limit the number of persons permitted to speak in favour of, or against any motion.

Resolutions shall be decided by simple voting by a show of hands. In the case of equality of votes the Chairperson shall have a second vote or cast deciding vote.

The quorum of the voting will be one third of registered members. Chairperson and at least one other office bearer may make a final decision on urgent matters requiring immediate attention when the quorum is not met.

ARTICLE X

Trustees

 

Any properties, investments or securities acquired by the association shall be vested in the names of not less than five trustees who shall be members of the association and who must have been appointed as trustees for a period of five years at a general meeting. Decision to retain any decision will depend on the agreement with the committee members.

Upon retiring, such trustees shall be replaced by registered members in a general meeting. A general meeting shall have the power to remove any of the trustees and any vacancies occurring by removal, resignation or death, shall be filled during a general meeting.

Any income accruing from property vested in the trustees shall be paid to the treasurer. Any cost incurred by the trustees during the administration of their duties shall first be authorized by the Committee.

 

ARTICLE XI

Funds

The financial year of the association shall be from January 1st to December 31st.

The association shall establish and maintain a fund under its management and into which shall be paid all monies received through registration and annual subscriptions, fund raising activities, grants from international and local organizations, donations from individuals or institutions.

All monies shall be received by and paid to the treasurer and a receipt or acknowledgement issued. All monies shall be deposited by the treasurer in the name of the association in a bank or banks approved by the members in a general meeting of the association.

 

The signatories of the account or accounts shall be any two of the following: the Chairperson, the treasurer and any one of the other members of the committee.

All funds of the association shall be used purposely in furthering the mission of the association and in meeting the objectives of the association as stipulated in ARTICLE II and ARTICLE III respectively.

The committee shall have power to suspend any office bearer who it has reasonable cause to believe is not properly accounting for any of the funds or property of the society and shall have power to appoint another member in his or her place. Such suspension shall be reported to the next general meeting in which the members shall have the right to decide what further action should be taken in the matter.

ARTICLE XII

Auditor

 

An auditor shall be appointed for the following year by the annual general meeting. No auditor shall be an office bearer or member of the committee of the association.

All the association's accounts, records and documents shall be opened to the inspection of the auditor at any time.

A copy of the audited report on the account and statements, together with such accounts and statements shall be made available to the committee before the general meeting of the association and also to all members during the annual general meeting.

Auditors may be paid such honoraria as may be resolved by the committee with the agreement of all members during the annual meeting.

ARTICLE XIII

Amendments to the Constitution

 

Amendments to the constitution of the association shall be considered only at a general meeting of the association and shall only be approved with at least a two-thirds majority of the members of the association.

Proposals for amendments, duly seconded, shall be made in writing to the secretary of the association for circulation to members at least 60 days before the date of the general meeting at which the amendments are to be voted on.

No amendments to the constitution shall be implemented without a prior consent in writing of the registrar, obtained upon application to him/her made in writing and signed by three of the office bearers.

 

ARTICLE XIV

Dissolution

The Association shall not be dissolved except by a resolution passed at a general meeting by a vote of at least two-thirds majority of members present.

In the event of the association being dissolved as provided above, all debts and liabilities legally incurred on its behalf shall be fully discharged and the remaining assets shall be disposed of in such manner as shall be decided by the members of the association in a meeting at which the resolution for dissolution is passed.

Provided, however, that no dissolution shall be effected without prior permission in writing of the registrar, obtained upon application to him/her made in writing and signed by three of the office bearers.

ARTICLE XV

Inspection of Accounts and List of Members

 

The books of accounts and all documents relating thereof and a list of members of the Association shall be available for inspection by any officer or member of the Association on giving a notice to the secretary of the association of not less than seven days

 

Drafted by:

1. Karen Odhiambo _ Chairperson

2. Abel Mugenda _ Vice-Chairperson

Date : 24tth April 1999

 
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