kenya scouts association

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KENYA

THE

CONSTITUTION

OF THE

KENYA SCOUTS ASSOCIATION

Promulgated:

31ST MARCH 2012



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PREAMBLE

WE, THE MEMBERS OF THE KENYA SCOUTS ASSOCIATION;

AWARE of our Vision of Scouts Creating a better world, as well as the duties andresponsibilities towards the growth of the Association;

COMMITTED to building an Association capable of meeting the challenges of thepresent, and the future through our Mission of contributing to the education of young people through a value system based on the Scout Promise and Law to helpbuild a better world, where people are self fulfilled as individuals and play aconstructive role in society;

CONVINCED that the growth and development of the Association entailsincorporation into the Association of people of all shades of opinion in order toaccomplish the purpose for which the World Organization of the Scout Movement

stands, and as far as possible to promote equitable gender representation; DETERMINED to promote all the aims and objectives of the Association;

DO HEREBY, adopt, enact, and give to ourselves, and to posterity , thisConstitution of the Kenya Scouts Association, on this 31st day of March 2012.



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ARTICLE I: NAME, ORGANS, HEADQUARTERS, AND JURISDICTION

1. The name of the Organization shall be "The Kenya Scouts Association", hereinafter called „ The Association‟ or KSA, ' as established in Cap. 219 of the Laws of

Kenya.

2. The powers and functions of the Kenya Scouts Association shall be vested in a body known as 'The Kenya Scouts Council' ( hereinafter called "The Council"). The day today management of the Association shall be vested in a committee elected by theCouncil known as 'The National Executive Committee of the Kenya ScoutsCouncil' (hereinafter called 'The Executive Committee' or „NEC‟ ).

3. The Headquarters of the Association shall be in Nairobi, Kenya, or at any otherplace in Kenya as may be determined from time to time by the Council.

4. The Association is the sole body controlling the Scout Movement throughout Kenyaand its jurisdiction shall be over the whole territory within the national boundaries of Kenya, that is, all Counties, sub-counties or districts as the case may be.

5. Kenya Scouts Association is a registered member of the World Organization of theScout Movement (WOSM) and accepts its guidelines as may be determined fromtime to time by the World Scout Conference.

ARTICLE II: DEFINITION, AIM, PRINCIPLES , EMBLEM AND MOTTO

1. The Association is governed by this Constitution as a voluntary non-politicaleducational movement for young people open to all without distinction of originsuch as (but not limited to) race, gender, disability, creed, status or ethnicbackground, in accordance with the purpose, principles and method conceived by the Founder.

2. The aim of the Association is to contribute to the development of young people inachieving their full physical, intellectual, emotional, social and spiritual potential asindividuals, as responsible citizens, and as members of their local, national andinternational communities.

3. The Association shall be based on the Principles of the Scout Movement which are:

a) Duty to God:

Adherence to spiritual principles, loyalty to the religion that expresses them, andacceptance of the duties resulting there from.



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b) Duty to Others:

Loyalty to one's country in harmony with the promotion of local, national, andinternational peace, understanding and cooperation

Participation in the development of society with recognition and respect for the

dignity of one's fellow man and for the integrity of the natural world.

c) Duty to Self:

Is the responsibility for the development of oneself, that is, self-development, self respect, self esteem and self satisfaction. All these are summed up in the ScoutPromise. Self commitment on one‟s own willingness to service which he/she

voluntary accepts to live up to.

d) Adherence to Law and Promise

i. The Promise

A. On investiture, a Chipukizi ( Junior ) Scout, Mwamba ( Senior ) Scout, or Jasiri ( Rover) Scout, shall make the following Promise, as shall also aKigogo Scout, a Scouter, or a Commissioner not previously invested asa Scout.

On my honour I promise that I will do my best

To do my duty to God and to my Country

To help other people at all times, and

To obey the Scout Law

B. On investiture, a Sungura( Cub) Scout or a Squirrel Scout shall make thefollowing promise:

I promise to do my best

To do my duty to God and to my Country

To obey the Sungura Scout law (or Squirrel Scout Law)

To help somebody everyday”



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ii. The Law

A. The Scout Law:

1. A Scout's honour is to be trusted.

2. A Scout is a good citizen, who respects God, his Country, Parents,Employers, Scouters and others.

3. A Scout's duty is to be useful and to help others.

4. A Scout is a friend to all, and kin to every other Scout regardless of country, community, religion or tribe the other may belong.

5. A Scout is kind and has respect for others.

6. A Scout learns about the environment and is concerned with itsprotection.

7. A Scout obeys lawful orders of those in authority.

8. A Scout is cheerful and brave in all difficulties.

9. A Scout makes good use of all things.

10. A Scout is clean in appearance, thought, word and deed.

B. The Law of Sungura, and Squirrel Scouts

1. Sungura Scouts or (Squirrel Scouts) obey their Leader

2. Think of others before themselves

3. Always do their best

C. The MOTTO of the Association shall be: "BE PREPARED."

D. Method

The Scout Method is a system of progressive self- education through:-

A Promise and Law

Membership of small groups ( Patrol System )

Progressive and stimulating programmes ( Progressive Scheme )

Symbolic framework or background

Life in nature



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Youth-adult relationship

Learning by doing

4. EMBLEM

The Kenya Scouts Association official emblem shall be a depiction of Mt. Kenyasurmounting the Scout fleur-de-lys surrounded by a circular loop with a reef knotunder which is printed KENYA, or any other emblem as may be determinedfrom time to time by the NEC, and approved by WOSM.

ARTICLE III: MEMBERSHIP

1. Membership

a) Membership of the Association shall be voluntary

b) There shall be no discrimination in admission for reason of race, religion,tribe, community, gender, disability or any other status

c) Members of the Association shall be those who are invested as Scouts, warranted leaders and subscribe to a Scout Promise and Law, pay a joining fee and subscribe annually to an agreed monetary subscription to the KSAHeadquarters and/or those bearing life membership certificates and any otherpersons (supporters) or institutions (partners) who subscribe to the aims and

aspirations of Scouting.d) Each member of the Association including the supporters will receive a

unique reference code generated by KSA Headquarters and verifiable on theofficial website. Members may pay for their membership at any office of the

Association provided they ensure they get a KSA receipt. The NationalExecutive committee will set, and update the applicable joining fees andsubscription fees from time to time. Membership shall not be valid until

validated via the unique reference code by the national secretariat.

e) The supporters or partners shall be individuals or groups who help to further

the purpose of the Association, but have not made the commitment of theScout Promise and Law and will not be entitled to vote in any KSA election

f) Termination of membership will be by way of:-

1. Resignation

2. Non-payment of membership subscription for a periodexceeding three months without reasonable cause.



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3. Expulsion for conduct that is incompatible with thefundamentals and Principles of Scouting .

ARTICLE IV: MEMBERSHIP CATEGORIES

1. The membership of the Scout fraternity shall consist of :-

a) Active scouts in the ages of 3-26, grouped as:-

Section Description

1) Squirrel Pre-school

2) Sungura Lower Primary

3) Chipukizi Upper Primary

4) Mwamba Secondary

5) Jasiri Post Secondary /Tertiary institution

b) Warranted Scouts Age guide

1) Scout Leaders 26 – 70

2) Trainers 26 – 75

3) Commissioners 26- 70

c) Alumni of Scouting

Kigogo Scout 26 – no upper limit

Scout Leaders, Trainers and Commissioners who attain the 70 year mark as Scouts will form an elite section known as Golden Veterans. They shall grace all ceremoniesof the Association and form a pool of sages.

2. R eligion

a) Every Scout shall belong to a faith of his/her choice and will pursue thefulfillment of one‟s duty to God

b) Every Scout shall show respect for the religious convictions of others.

3. Politics

a) The Association shall remain non political



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b) Every member shall have individual freedom of thought and action inpolitical matters but shall not take part as a Scout or in scout Uniform, in any meeting, gathering or other occasion organized by or associated with any political party.

4. Non-Military

The Association shall be non-military. Technical military training shall not begiven or caused to be given by the Association to its members

5. External Relations

a) The Policy, Organization and Rules of the Association shall be absoluteand binding , once validated by the NEC.

b) The Association shall promote friendly relations with other national orinternational organizations of a non-political character.

c) The Association and its members shall adhere to the fundamental principlesand policy as defined by the World Organization of the Scout Movement. Itshall be a recognized Association with equal standing with all other NationalScout Associations of the World.

d) The Association shall, to the best of its ability, carry out obligations to the World Organization of the Scout Movement and to its Secretariat the WorldScout Bureau.

ARTICLE V: THE ORGANS OF KENYA SCOUTS ASSOCIATION

The organs of the Association shall be:-

a) Kenya Scouts Council

b) National Executive Committee

c) County Scouts Commissioners Forum

d) National Management & Strategic Planning Committeee) National Technical Committees

f) National Secretariat

g) County Scout Councils - representing the County Scout Association

h) County Scout Committees

i) District Scout Committees - representing the District Scout Association



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A: THE KENYA SCOUT COUNCIL

1. Membership

The Kenya Scout Council shall have the following members:

a) Ex Officio Members:

i. The Patron

ii. The Chief Scout

iii. The Chief Commissioner

iv. All previous KSA Deputy Chief Commissioners & above

v. Deputy Chief Commissioner

vi. National Executive Commissioner vii. The Legal Advisor

viii. The Treasurer

ix. The Trustees

x. All members of the Executive Committee

b) County Delegates:

Each registered County shall be represented by the:i. County Scout Commissioner

ii. County Program Commissioner,

iii. County Training Commissioner

iv. County Youth Representative (who must be a Scout below 26 years)

c) A representative of the Kenya Girl Guides Association

2. Office Bearers of the Council

a) Chief Scout

b) Chief Commissioner

c) Treasurer

d) Legal Advisor



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These officers shall be elected at the Annual Council Meeting of the election year for aterm of five years but shall be eligible for re-election once only. Auditors shall beappointed for a period of three years, renewable once only . The National ExecutiveCommissioner shall be the Secretary of the Council. Any casual vacancy in any of these

offices may be filled by persons appointed by the Executive Committee to hold officeuntil the next Annual General Meeting. In case of temporary absence of the officebearer or otherwise inability to perform their duties, the Executive Committee may appoint persons to act on their behalf until resumption of duties or the next AnnualGeneral Meeting whichever shall first happen.

3. Council Meetings

a) Meetings

i.

The Council shall meet at least once in every year and extraordinary meetings may be called at any time by the Chief Scout, or by the Chief Commissioner, inconsultation with the NEC or by the Secretary on the request of any 50% members of the Council.

ii. The Financial year of the Association shall be from January 1st to December 31st

iii. Annual Council meeting shall be held not later than 31st March each year

iv. The Annual Meeting of the Council shall perform the following:

1. To deliberate on any business identified by the Executive Committee

within the year and between meetings2. To receive and adopt reports from the Executive Committee and hold

elections when due

b) Business of the Annual Council Meeting:

i. Consider the annual report of the Chief Commissioner, the audited accounts of the Association as presented by the Treasurer and any other report approved by the Executive Committee.

ii. Elect the members of the Executive Committee and office bearers when due,provided written nominations for candidates to be elected shall have beenreceived at least thirty days before the date of meeting.

iii. Transact any other business admitted by the Chairman or by a majority of theCouncil consisting of not less than two thirds of the members present.

c) Quorum

At a meeting of the Council, 30% of Council members shall form a quorum. Thepresence of at least one representative from one third of the registered Scouts Countiesshall also be mandatory .



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d) Notice of Meetings

The Secretary shall give to the members at least 21 days notice of the meetings and of

the business to be transacted, including in the agenda, provision for such furtherbusiness in respect of which notice shall have been received by the Secretary at leastfourteen (14) days before the appointed day of holding the meeting which furtherbusiness shall be notified to members. If inadvertently, notice to call a meeting fails toreach any member entitled to receive such notice, the occurrence shall not invalidatedecisions made at the meeting , provided there is a quorum.

e) Chairing of Meetings

In the absence of the Chief Scout, the Chief Commissioner or his/her appointee, or theCouncil shall elect a Chairman, from among Council members to chair the meeting.

f) Voting at Meetings

All members shall bear one vote. Each registered county shall have four representatives(each voting). Members wishing to vote by proxy will communicate this intention to theSecretary by email, letter, or sms at least two days before the meeting.

g) Mode of Voting

Voting shall be by either show of hands or by secret ballot. Decisions shall be taken by majority of votes cast. If any member is dissatisfied by the results of the show of handsoption, secret ballot will be mandatory.

4. Functions

The functions of the Council shall include, but not limited to, the following:

a) To promote the welfare of the Scout Movement in Kenya

b) To raise and administer the resources for the equitable administration anddevelopment of Scouting in Kenya and to purchase, take on lease or hire orotherwise acquire and hold any lands, buildings, easements or hereditamentsof any tenure, patents, patent rights, trademarks and any other real or personal

property, and to construct, provide, maintain, repair or alter any buildings, works stores, plant, and to do any other things which may from time to timebe deemed requisite whether within Kenya or elsewhere for any of thepurposes of the Association.

c) To establish and maintain a Headquarters office and to act as a channel of communication between the County Scout Associations, the World ScoutBureau as well as other organizations with similar aims and objectives.

d) To elect the Trustees of the Association



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e) To elect the Chief Scout, Chief Commissioner, Treasurer, and Legal Advisorduring the year of Election.

f) To delegate to the Executive Committee any or all of the foregoing functionsas it may deem desirable in the interests of efficiency and the expeditiousdispatch of business.

g) To approve the auditors appointed by the National Executive Committee.

B: THE NATIONAL EXECUTIVE COMMITTEE

1. Membership

The Executive Committee shall comprise the following:

a) Ex- Officio Members

i. Chief Commissioner

ii. The Treasurer

iii. The National Executive Commissioner

iv. The Legal Advisor

v. Chairperson of the Board of Trustees

b) Other Members

i. Deputy Chief Commissioner

ii. National Program Commissioner

iii. National Training Commissioner

iv. Eight representatives of the County Scout Commissioners forum

v. Chairpersons of Technical Committees

vi. Two Youth Representative (Male & Female)

c) Co-opted Members:

The Executive Committee shall have the power to co-opt not more than four (4)members to serve for such a period as the Committee may decide.

d) By Invitation

The Executive Committee may invite to attend its meetings such officers of the Association or any other persons as may from time to time be deemed necessary.



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2. Functions of the Executive Committee

a) To carry out publicity, to produce publications and to organize meetings, scoutrallies, conferences and other joint undertakings where the interests of theScout Movement of Kenya as a whole are concerned and to oversee themanagement of the affairs of the Association‟s Headquarters.

b) To register County Scouts Associations or to remove them from the Registeras well as providing guidelines for the establishment of relevant County structures.

c) To register groups and to issue warrants and temporary permits signed by theChief Commissioner or his appointee to all Scouts and similarly to remove any group from the register and to withdraw the warrants and temporary permitsof any such Scouts and Commissioners if the conduct is incompatible withScouting .

d) To submit the registration fee, annual census report and a copy of the Annualreport to the World Organization of the Scout Movement in time.

e) Prepare and update periodically the Policy Organization & Rules subject to theConstitution of the Association.

f) Carry out any other duties as shall be determined by the Council.

3. Chairperson and Vice Chairperson

The Chief Commissioner and the Deputy Chief Commissioner shall be the

Chairperson and Vice Chairperson of the Executive Committee respectively.4. Committees

The Executive Committee may appoint such other committees and Task Forces asmay be deemed necessary provided it supplies clear terms of reference. The saidcommittees or Taskforces shall have powers to co-opt within or without theassociation as necessary.

5. Meetings

Meetings of the Executive Committee shall normally be held every three months andin any case not less than four times a year. The National Executive Commissionershall serve as the Secretary to the Executive Committee.

6. Quorum

During the Executive Committee meetings, fifty percent ( 50%) of all permanentmembers (that is excluding co-opted members and visiting members) present shallform a quorum. Decisions shall be taken by consensus or by a majority of votes cast



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C: THE COUNTY SCOUT COMMISSIONERS FORUM

This shall be made up of all the County Scout Commissioners representing County Scout Associations registered by KSA. Criteria for registration of County Scouts

Associations shall be set by the NEC.

The Forum shall deliberate on all issues of scouting at county level, recommend policy

changes and assess the level of success in the implementation of Programs and Projectactivities. They shall also review the annual calendar of events. Ex officio members willbe the:

National Executive Commissioner,

National Programme Commissioner or a Representative

National Training Commissioner, or a Representative

National Resource Mobilization Head or a Representative

National Camp Sites Head or a Representative.

The Forum shall elect a Chairman, Secretary, and six committee members, for a one yearterm. These elected eight members will represent the Counties forum at the NationalExecutive Committee.

The County Scout Commissioners forum shall be held quarterly, at least one week before the next scheduled National Executive Committee meeting .

D: THE NATIONAL MANAGEMENT & STRATEGIC PLANNING

COMMITTEE This Committee shall have the mandate to implement the decisions of the NationalExecutive Committee and to perform the day to day strategic planning and managementfunctions of the KSA, directly supervising the Secretariat as directed by the NEC.

It shall comprise of:

1. A chairperson appointed by the Chief Commissioner

2. The Deputy Chief Commissioner

3. The National Executive Commissioner

4. The Committee chairs of:

Finance,

Campsites,

Program, Training, and the

Chairman of the Counties Forum.



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The Management & Strategic Planning Committee shall meet at least once a month andprepare the agenda for National Executive meetings.

Quorum for meetings shall be 50% of all members. Decisions will be taken by consensus or by a majority of votes cast.

E: NATIONAL TECHNICAL COMMITTEES

These shall refer to committees set up to provide guidance and oversight over key areas/ departments of the Association and shall be appointed by the Chief Commissioner.

Their numbers & specific mandates will be as directed by the National ExecutiveCommittee, from time to time.

The Committees established are:

1. Finance

2. Camps Sites & Centres

3. Public Relations (PR) & Communication

4. Youth Programme

5. Training and Development

6. Awards/Honours

7. Community Development

Technical Committees will be headed by a Chairperson, and shall comprise such othermembers as may be approved by the National Executive Committee.

F: THE NATIONAL SECRETARIAT

This shall be the Executive organ of the Association and shall comprise professionals,selected for their ability to run departments established in conjunction with TheManagement Committee, and led by a National Executive Commissioner. All suchpersons shall be recruited on merit. All employees of the Secretariat shall be guided by

well-defined job descriptions, and be guided by action plans, and budgets agreed with Technical Committee heads and approved by the National Management Committee.

The Mandate of the Secretariat shall extend to all Counties where Scouting is practicedand will include personnel stationed at such Counties.

G: THE COUNTY SCOUT COUNCIL

The County Scout Council shall be derived from and represent the duly registeredCounty Scout Association.



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1. Membership

a) The County Scout Council shall be responsible for the running of the Scouting Programme at the County level and shall comprise:

b) County Chairman elected by the County Scouts Council members

c)

County Scout Commissioner elected by District Scout Commissioners of therespective counties

d) All District Scout Commissioners in the County.

e) All warranted Scouts domiciled in the County

f) All Trainers (ALT & LT) domiciled in the area

g) The County Administrator representing the National Secretariat

h) County Youth Representative (who must be a Scout below 26 years)

2. Meetings

The County Scout Council shall hold an Annual General Meeting.

3. Other Rules/Regulations

All the rules/regulations applicable to the Kenya Scouts Council, where logical, willapply to the County Scout Councils

H: THE COUNTY SCOUT COMMITTEE

This committee will be constituted along the same lines as the National ExecutiveCommittee and shall comprise not less than 8 and not more than 12 members.

I: DISTRICT SCOUTS COMMITTEE

This shall be headed by a District Scouts Commissioner and shall oversee theimplementation of the Scout Programme at the District level. Total membership of thecommittee shall not to exceed eight (8) members.

It shall comprise:

1. The District Scouts Commissioners elected by the warranted Scout Leadersdomiciled in their District.

2. Warranted Scout Leaders

3. Key stake holders



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ARTICLE VI: OFFICE BEARERS OF THE ASSOCIATION

All office bearers of the association shall serve a term of five years renewable only once.

They shall be subjected to mandatory annual appraisals by their immediate superiors.Such an appraisal could lead to a given office bearer whether elected or not, being requested to relinquish his/her position. Maximum age of service for all KSApersonnel, whether employed or volunteers, shall be 70 years. Trainers may train up tothe age of seventy five years provided they are physically & mentally fit to do so.

All County Scout Commissioners and District Scout Commissioners together with allheads of County Programme & Training Committees shall, as a minimum qualification,be full Woodbadge holders, and should have run a Scout Unit within the last 10 years.

All office bearers will hold only one warranted position at a time.

1. THE PATRON

The Patron of the Association shall normally be the Head of State. If for any reason theHead of State is unable to accept this office, a Patron may be elected by the council.

The Patron shall serve for a term of five years renewable once.

2. THE CHIEF SCOUT

The Chief Scout shall be elected by the council to serve for a term of five years,renewable once. He or she shall have had verifiable experience in scouting. He or sheshall not be below 26 years of age on the date of first appointment.

The function of the Chief Scout shall be:-

a) To Chair Council meetings

b) To foster and encourage the Scout Movement in Kenya and seek to gain thehighest standard of effective Scouting in all respects throughout the Association

If for any reason the Chief Scout is temporarily unable to perform the functions of theoffice then the Chief Commissioner may perform them or The Executive Committeemay appoint an officer to carry out such duties.

If for any reason the Chief Scout is unable to carry out the functions of that office to thesatisfaction of the Association, the Executive Committee shall appoint a suitable personto complete the remaining term of office.



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3. CHIEF COMMISSIONER , DEPUTY CHIEF COMMISSIONER AND ASSISTANT CHIEF COMMISSIONERS

1. The Chief Commissioner shall be elected by the Council to serve for a term of five years renewable once. He or she shall have had verifiable experience in

scouting. He or she shall not be below 26 years of age on the date of firstappointment.

2. The Chief Commissioner, with the approval of the Executive Committee shallappoint the Deputy Chief Commissioner, and Assistant Chief Commissioners asnecessary. Such appointees shall serve for a term of five years, renewable once.

3. a) In the absence of the Chief Commissioner, the Deputy Chief Commissioner,shall act as the Chief Commissioner

b) In the absence of both Chief Commissioner and Deputy Chief Commissioner

the Executive Committee shall appoint one of the Assistant Chief Commissionersor any other member of the Council to act as the Chief Commissioner

c) Where an Acting Chief Commissioner chairs the NEC, He/she may exercisefull powers of the Chief Commissioner, where the NEC has passed such actions.

4. The functions of the Chief Commissioner shall be:

a) In the absence of the Chief Scout, to chair meetings of the Council

b) To chair the Executive Committee meetings

c) To coordinate the work of all Commissioners

d) To issue all warrants to Commissioners and other Scouts and to register County Scout Associations on the recommendation of the NationalExecutive Committee.

e) In consultation with the National Executive Committee to withdraw, suspendor cause to be withdrawn the registration of County Scout Associations

f) In consultation with the National Executive Committee to withdraw, suspendor cause to be withdrawn the warrants or temporary permits of any Scouts or

Commissioners if their conduct is incompatible with Scouting.g) With recommendations of the Executive Committee, to appoint the Deputy

Chief Commissioner, Assistant Chief Commissioners or otherCommissioners to assist in the performance of the duties of the Association

h) To recommend to the Chief Scout the presentation of such honours andawards as may be approved by the Executive Committee.



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4. THE NATIONAL EXECUTIVE COMMISSIONER

The National Executive Commissioner shall be appointed by the National ExecutiveCommittee and shall serve as the Chief Executive Officer of the Association. He or sheshall be a professional with proven managerial ability at a senior level of a reputableorganization and should be well versed with the principles & fundamentals of scouting.

He or she shall not be younger than 26 years on the date of appointment. The maximumage shall be consistent with the civil service retirement age in Kenya.

The functions of the National Executive Commissioner shall be:-

1. The National Executive Commissioner shall be an ex-officio member of allcommittees and sub-committees.

2. It shall be the duty of the National Executive Commissioner to manage anddirect the affairs of the National Headquarters Secretariat in accordance with

policies determined by the Council and the Executive Committee3. The National Executive Commissioner shall carry out any other duties as may

be delegated by the Chief Commissioner or the Executive Committee

5. TECHNICAL COMMITTEE CHAIRPERSON

He or she will lead a National Technical Committees and report to the National Management & Strategic Planning Committee and National Executive Committee. He

or she shall provide policy guidelines and exercise oversight over the Secretariat in theirmandated areas/departments.

6. COUNTY SCOUT CHAIRMAN

The Counties shall elect a non- warranted person of good repute, with considerableinfluence, management ability, wisdom, and reasonable personal means to chair theCounty Scouts Council.

7. COUNTY SCOUT COMMISSIONER

The County Scout Commissioner shall chair the county scout committee and representthe County in other Fora. He or she shall be elected by District Scout Commissioners

within the respective County.



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8. DISTRICT SCOUT COMMISSIONER

Shall be elected by warranted Scout Leaders in the District and shall lead the DistrictCommittee and represent it at the County Scouts Fora.

ARTICLE VII: FINANCE, ACCOUNTS, AUDIT, ASSETS & AUTHORISED DOCUMENTS

1. Finance

a) The Association shall be non-profit making.

b) The spirit of the Association shall be that Scouts should earn and not beg for

money, or other benefits.

c) The Association shall raise its funds from membership fees; individualcontributions, public appeals, grants or such other methods as shall from timeto time be determined by the Executive Committee or the Council

2. The Executive Committee shall cause proper books of accounts to be kept of allmoneys, (or donations in kind) received and expended and of all the Association‟sassets and liabilities.

3. The books of accounts shall be kept at the Kenya Scouts Headquarters office or

such other place as the Executive Committee may direct and shall be open toinspection by any member of the Council of the Association.

4. The accounts shall be audited yearly and a statement showing the results of eachyear‟s balance sheet certified by the Auditor shall be laid before, each AnnualCouncil Meeting.

5. The Council shall have a bank account or bank accounts which shall be operatedjointly by any three of the following:

The Chief Commissioner

The Treasurer The National Executive Commissioner

Such other persons as the Executive Committee may appoint.

The names of the Chief Commissioner or his appointee and the Treasurer shallbe Mandatory for any accounts operated at the Headquarters.



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6. Assets and Authorized Documents

All assets of the Association shall be regularly updated and captured in annual financialstatements.

All buildings, land or other properties acquired in the name of The Kenya Scouts Association by whatever means must be registered as Kenya Scouts Association

property and any proprietary documents must be lodged with the National Secretariat.

All title deeds, receipt books, etc. must be sourced from the National Secretariat, berubber stamped and sealed accordingly. Any such materials that do not emanate fromhead office will be treated as forgery.

All Bank accounts whether National or County or District level, shall bear the title of Kenya Scouts Association and shall be established by the National signatories.

7. Annual Financial Statements

The Association shall prepare and present financial statements annually.

8. Bank Accounts

All monies collected in the name of Kenya Scouts Association or using the word“Scout” must be banked in approved Kenya Scouts Association Accounts.

9. Donations in kind or in cash

All donations to Kenya Scouts Association will be forwarded to head office or banked inKenya Scouts Association Bank Accounts. All such donations must be notified to the

Treasurer within 7 days of receipt.

Donors from outside Kenya may only make donations directly to the Kenya Scouts Association and notify the World Scout Bureau.

10. Auditors

The Council shall appoint an Auditor for the succeeding accounting period. Such

auditors must be approved by ICPAK and be eligible for appointment. (or re-appointment).

11. Intellectual property

The Kenya Scouts Council is the only body mandated to use symbols and intellectualproperties of Scouting in Kenya.



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No one may use such symbols or intellectual properties without the written authority of the Kenya Scouts Association

13. Certificates, Warrants, Awards

All certificates, warrants, or awards will be granted with the authority of the Chief Commissioner or his nominee. No Counties or Districts are authorized to grant any such documents.

ARTICLE VIII: THE TRUSTEES

1. All movable and immovable property and all other investments of the Associationshall be vested in such Trustees as shall from time to time be elected by theCouncil.

2. For the purpose of this Constitution the expression "Trustees" shall mean theCorporation, Company, person or persons from time to time elected by theCouncil.

3. Where the Council does not appoint a Corporation or Company, to be the Trustees then in such case the number of persons elected to be the Trustees shallnot be less than three and not more than five. The National ExecutiveCommissioner shall serve as a Trustee for as long as he or she holds office. Onceelected the Trustees shall constitute a Board of Trustees and elect a Chairman

who will be an ex-officio member of the Executive Committee. The NationalExecutive Commissioner shall be the secretary to the Board of Trustees.

4. Trustees shall serve for 5 years renewable once. The minimum age limit forindividuals is 26 years while maximum age is open depending on capabilities.Corporations or companies will have to have been in operation for a minimum of five years.

5. The Trustees shall be provided with a Common Seal of such design as they andthe Council may approve.

6. The Common Seal shall at all times be kept by the Trustees in safe custody at the

Headquarters of the Association.7. The Common Seal shall not be affixed to any document or otherwise used for any

purpose whatsoever except:

a. Where the Trustees are a Corporation o r Company, then in the presenceof two officers of such Corporation or Company on behalf thereof;

b. Where the Trustees are three or more individuals, then in the presence of any two of such persons and pursuant to a resolution of all the Trustees;



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8. So long as any Corporation or Company shall be the Trustees then suchCorporation or Company shall be entitled to charge for its services such fees (if any) as shall from time to time be agreed between it and the ExecutiveCommittee.

The functions of the Trustees shall be:

a) To constitute a Board of Trustees

b) To pay and apply both capital and income for the general purposes of the Association in such a manner as may be determined by the ExecutiveCommittee.

c) To sell, mortgage, charge, lease, exchange and otherwise dispose of such trustproperty' as may from time to time be determined by the ExecutiveCommittee.

d) To invest such funds and supervise such Trusts, Foundations and otherinvestments as may from time to time be determined by the ExecutiveCommittee.

e) To incorporate, or cause to be incorporated such bodies or legal entities asmay be deemed suitable for the proper management of the assets of the

Association or any part of it.

f) To perform any other duties as may from time to time, be delegated by thecouncil.

ARTICLE IX: INTERPRETATION, BY-LAWS AND AMENDMENTS

1. The interpretation of the provisions of this Constitution and the definition of any words or expressions therein contained shall be decided by the ExecutiveCommittee whose decision or ruling when reported to the Council shall be final.

2. The Executive Committee shall have power to make by-laws and to vary or cancelthe same provided that no such by-laws shall conflict with any of the provisionsof this Constitution and that all such by-laws and any amendments thereto shallbe reported to the Council.

3. No alteration, deletion, addition or amendment to this Constitution shall be madeunless:

a) At least 21 days (twenty one days) notice setting out the proposed alteration;deletion, addition or amendment shall have been given in writing to allmembers of the Council.



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b) Any such alteration, deletion, addition or amendment shall have beenapproved by at least two-thirds of those present at an annual or Extra-ordinary Council Meeting.

c) The Policy Organization & Rules document (POR) shall prescribe the detailed

interpretation of this Constitution & provide yard sticks & parameters wherenecessary. When duly approved by the NEC such interpretations shall bebinding to all members.

ARTICLE X: POLICY, ORGANIZATION AND RULES

It shall be the duty of the Executive Committee to compile and publish a Handbook setting out the Policy Organization and Rules of the Association as a guide to Scouting

for all members and provide for the effective working of the Association in all respectsand in accordance with this Constitution and the bylaws. The Executive Committee may make such modifications and amendments to the Handbook as may from time to timebe required.

ARTICLE XI: DISCIPLINE, POLICY DOCUMENTS & LEGAL ACTION

A: LEGAL ACTION

1. Persons wishing to take legal action against KSA must not be members of Council. Members of Council wishing to sue KSA for any reason must first resignfrom their position and surrender their warrants (if they have any)

2. Non members may not sue any individuals involved in the management of KSA. The Council, collectively, is the only body that may be sued.

3. Scouts, Scout Leaders or Commissioners having specific complaints against the Association shall follow the existing channels. i.e. District Scout Committee,County Scouts Association, County Scouts Commissioners Forum, NationalExecutive Committee and the Scout Council.

4. Where the complainant is not satisfied an arbitrator will be appointed. Legalaction may only be taken when the arbitration fails to resolve the complaint.

5. A non-paid up member will be treated as a non-member, and can only sue assuch.



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B: DISCIPLINARY COMMITTEE

There shall be a Disciplinary Committee to handle all disciplinary cases. The committeeshall be appointed from amongst members of the National Executive Committee by theChief Commissioner with a membership of not more than five members. Thecommittee may co-opt any other two members from the Council to assist in its work.

Disciplinary proceedings shall be anchored on the Scout Law and Promise, as elaboratedin the various policy and ethics documents in force. It will investigate all cases of referraland make appropriate recommendations to the Chief Commissioner. In its deliberations,the Committee shall be guided by the Kenyan Laws & Ethics and Rules of Natural

Justice.

C: POLICY DOCUMENTS,

There shall be the following policy documents from the departments:-

1. The National Programme Policy

2. The National Training Policy

3. Resource Mobilization Policy

4. Events Management Policy

5. Corporate Communications Policy

6. Projects and Partnerships Policy

7. Camps & Sites Policy

8. Human Resources Policy

9. Employee Code of Ethics

10. Volunteer Code of Ethics

11. Scouts Code of Ethics

12. Policy Organization & Rules.

The said policy documents when duly approved by NEC shall be annexes of this

Constitution and shall be binding on all members of the KSA.

ARTICLE XII: DISSOLUTION

The Association shall have continuous succession and shall continue to exist,notwithstanding changes in its membership, until nine-tenths of the number of membersat an annual meeting or special meeting of the Council either personally or by proxy



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decide to dissolve the Association, provided that the dissolution appeared on the agenda which accompanied notification of the Annual Meeting or Special Meeting.

Should there, in the event of the dissolution of the Association and after payment of allits debts and liabilities, remain any assets whatsoever the same shall not be paid to ordistributed among the members of the Association but shall be given or transferred to

the Government of Kenya or some other Company, Society, Association or body of persons having objects similar to the objects of the Association to be determined by themembers of the Council of the Association at or before the time of dissolution.

ARTICLE XIII: MISCELLANEOUS PROVISIONS

This Constitution may be amended by the Council at any assembled meeting at whichtwo-thirds of the members voting or represented and voting are cast in favour of the

amendment. The text of proposed amendment(s) shall be communicated to all membersof the Council at least two months in advance of the meeting.

ARTICLE XIV: VALIDATION

This Constitution will be validated vide the Office bearers mentioned hereunderappending their signatures on this last page and on every other page.

After validation, the constitution document shall be lodged with the state law office as

well as WOSM. The successful passing of the Constitution shall also be reflected in the official minutesof the Council meeting.

Validation signed on this 31st day of March 2012, in front of the Council.

Signed by: ……………………… Hon. K. F.X ole Kaparo, EGH.

Chief Scout

Signed by: ……………………… H.E. Hon. Stephen K. Musyoka, EGH.

Chief Commissioner



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Signed by: ……………………… Francis M. Wachira

National Executive Commissioner

Signed by: …………………… P. L. O. Lumumba

Legal Advisor