psk constitution

7/23/2019 PSK Constitution

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TABLE OF CONTENTS1.0 TITLES............................................................................................................. 1

2.0 PHILOSOPHY/MISSION ................................................................................. 1

3.0 AIMS AND OBJECTIVES .................................................................................. 1

4.0 MEMBERSHIP.................................................................................................. 2

5.0 REGISTER OF MEMBERS................................................................................. 4

6.0 ELECTIONS ..................................................................................................... 6

7.0 NOMINATIONS ............................................................................................... 6

8.0 BALLOT ........................................................................................................... 7

9.0 VOTING PROCEDURE...................................................................................... 7

10.0 NATIONAL COUNCIL....................................................................................... 8

11.0 POWERS OF THE NATIONAL COUNCIL ........................................................... 9

12.0 CHAIN OF OFFICE ......................................................................................... 10

13.0 DUTIES OF THE SOCIETYS EXECUTIVE OFFICIALS ..................................... 10

14.0 VOTING AT COUNCIL MEETINGS.................................................................. 12

15.0 STANDING COMMITTEES.............................................................................. 12

16.0 FELLOWSHIP AWARD ................................................................................... 13

17.0 FELLOWSHIP ................................................................................................ 13

18.0 NOMINATION PROCEDURE TO FELLLOWSHIP AWARD ...............................14

19.0 BRANCHES .................................................................................................... 14

20.0 MEETINGS..................................................................................................... 15

21.0 FINANCE ....................................................................................................... 1722.0 INDEMNITY .................................................................................................. 18

23.0 BORROWING POWERS ................................................................................. 19

24.0 AUDITORS..................................................................................................... 19

25.0 CODE OF ETHICS........................................................................................... 19

26.0 THE PHARMACY PRACTITIONERS PROFESSIONAL OATH............................ 20

27.0 USE OF TITLES.............................................................................................. 20

28.0 EMBLEM ........................................................................................................20

29.0 SEAL.............................................................................................................. 20

30.0 CONFERENCES .............................................................................................. 21

31.0 PUBLICATIONS ............................................................................................. 21

32.0 LEGAL PROCEDURE....................................................................................... 21

33.0 ASSISTANCE ................................................................................................. 21

34.0 TRUSTEES ..................................................................................................... 21

35.0 AMENDMENTS............................................................................................... 21

36.0 DISSOLUTION............................................................................................... 22


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THE PHARMACEUTICAL SOCIETY OF KENYA CONSTITUTION

May 1999

1.0 TITLES

1.1 The Society shall be called The Pharmaceutical Society of Kenya.

1.2 The Pharmaceutical Society of Kenya hereinafter referred to, as the Society shall

have the acronym PSK.

1.3 Unless and until otherwise so decided, by the National Council and approved by

members in a Special General Meeting, the Headquarters of the Society shall be in

Nairobi.

2.0 PHILOSOPHY/MISSION

2.1 The Pharmaceutical Society of Kenya believes that Pharmacy, is a noble profession

and shall actively participate in all ways possible and within its jurisdiction to

contribute positively in enhancing the quality of life.

2.2 The Pharmaceutical Society of Kenya will endeavour to create a professional

environment in which pharmacists are expected to exploit their potential fully in

providing health care.

3.0 AIMS AND OBJECTIVES

3.1 The aims and objectives of the Society shall be:

3.2 To advance the study and practice of the profession of Pharmacy.

3.3 To promote Pharmaceutical education and application of pharmaceutical

knowledge for the good and health of mankind.

3.4 To maintain, honour, uphold ethics, safeguard, and promote the interests of the

members in the practice of Pharmacy.

3.5 To represent, protect, and assist pharmacists in general and members in particularas regards conditions of practice.

3.6 To create and maintain a standard of professional conduct, code of ethics and

enforce their application by all members for the dignity of the profession.

3.7 To identify and point out to the respective authorities, organisations, individuals, if

and when, in any way the dignity and professional image of Pharmacy is being

compromised.

3.8 To assist members, whenever possible and when deemed necessary, who byreason of adversity are in need of help.

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3.9 To arrange and hold periodic meetings of the Society for professional, educational

and social purposes.

3.10 To disseminate such information as may be thought necessary by means of

journals, bulletins or any other method for the fulfilment of these objectives.

3.11 To accept, or refuse any gift endowment or bequest made to or acquired by theSociety, for the purposes of any specific objective connected with pharmacypractise and to execute any charitable or other trusts which may be consideredexpedient or desirable in the interests of the society.

3.12 To maintain an up-to-date list of bonafide members.

3.13 To foster a high standard of control over the quality and distribution of medicines,

drugs, and other pharmaceutical products by professional means, and byencouraging the implementation of appropriate legislation.

3.14 To promote the role of pharmacists as integral members of the healthcare teams in

order to allow full utilisation of pharmaceutical knowledge in rational drug use.

3.15 To facilitate research in health and pharmaceutical sciences and services.

3.16 To facilitate information exchange between members, health-care professionals,

patients, consumers and pharmaceutical or allied industry.

3.17 To collaborate or foster understanding with pharmacy training institutions in order

to improve the quality of education.

3.18 To collaborate with similar societies, organisations or allied professionals and

establishments in Kenya, neighbouring countries, commonwealth and other

countries in the world for the attainment of these objectives.

3.19 To do all such other things as are incidental or conclusive to the attainments of any

or all the foregoing objects.

4.0 MEMBERSHIP

4.1 All Pharmacists registered by the Pharmacy and Poisons Board will be eligible to be

members of PSK.

4.2 Anyone wishing to become a member of the society shall submit an application inwriting to the National Committee through the Branch stating the category ofmembership, so desired provided that the existing members need not re-applyother than updating their membership & category annually.

4.3 The National Committee shall decide as to whether to accept or not accept, but

shall be under no obligation to disclose the reason(s) for refusal in case of thelatter. The unaccepted applicant can seek redress to the Council and thereafter go


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THE PHARMACEUTICAL SOCIETY OF KENYA CONSTITUTIONMay 1999

to high court for appeal.

4.4 A member wishing to leave the Society shall give a three months notice of such anintention and shall not cease to be a member until the request is accepted in

writing or four months have elapsed from the date of application whichever comesfirst.

4.5 Every member shall pay such membership fee as shall be determined from time to

time in a Special General Meeting.

4.6 There shall be four categories of Membership:

1. FULL MEMBER

2. ASSOCIATE MEMBER

3. HONOURARY MEMBER

4. AFFILIATE MEMBER/SOCIETY

4.6.2 FULL MEMBERSHIP

1. This Membership is restricted to those persons who are Kenya Citizens with atleast a University Bachelors degree in Pharmacy and Registered as aPharmacist in Kenya under the Law governing the practice of Pharmacy.

2. The member under this category is eligible to vote or be voted into office.

3. Full members shall pay to the Society such membership fee and Annual

Subscription fee as the Society may from time to time determine.

4. Paid up Members for the year under consideration shall be entitled to all

rights, honours, and privileges of the Society.

5. Full members may ascribe the acronym MPSK after their name or any other

acronym or format approved by the Council.

4.6.3 ASSOCIATE MEMBERSHIP

1. The National Council may at its discretion on application elect to its

membership as associate members such persons being non-Kenyan -

registered pharmacists, who hold a minimum of Bachelor of Pharmacy degree

or its equivalent from institutions recognised by Pharmacy & Poisons Board

and Kenyan citizen students engaged in course of study at an institution

recognised by the National Council or pre-registration students leading to

Pharmacy qualifications.

2. Paid up associate members for the year under consideration shall be entitled

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to all rights, honours and privileges of the society just as a full member except

for voting or being voted to elected office.

3. Associate members shall pay to the society membership fee and annual

subscription fee as the Society may from time to time determine.

4. Members may use acronym AMPSK.

4.6.4 HONORARY MEMBERS

1. The National council may at its discretion elect to its membership as Honorary

members such persons who have rendered distinguished service to the Society

or to pharmacy profession.

2. Honorary Members are not eligible to vote or be elected into office.

3. Honorary Member shall not pay subscription fee.

4. Honorary Membership shall be for such periods, as the National Council may in

any case deem appropriate.

5. Honorary Members may ascribe the acronym MPSK (Hon) after their name.

4.6.5 AFFILIATE MEMBER/SOCIETY

1. Membership shall be extended to those Associations or Societies with similar

aims and objectives to any or all of those of PSK who will be willing to give

reciprocating membership

2. Affiliate member or society shall pay to the PSK such Membership fee and

Annual Subscription fee as the Society may from time to time determine.

3. Persons, Associations or Societies who wish to become Affiliate members shall

make an application in writing to the National Secretary for consideration by

the National Council. The application shall be appended with their currentconstitution and names of all office bearers in case of organisations.

4. An affiliate Society may with written permission of the National Council use the

emblem of the Society in such a manner and period of time as shall be sought

and granted. This category of membership is not eligible to vote or be voted

into elective office.

5.0 REGISTER OF MEMBERS

5.1 The Names and permanent Address of every member shall be entered and kept in

a Register of Members appropriate to their membership.

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5.2 It shall be incumbent upon every member to notify the Hon. National Secretary of

any change of his/her address or qualification or membership category.

5.3 Upon acceptance of application by the National Council for Membership a member

shall pay Membership fee and be issued with Certificates of Membership which

shall be held by bona fide members at the pleasure of the society.

5.4 A member shall cease to be such a member upon:

5.4.1 his no longer having that qualification which was the basis of his being

admitted or,

5.4.2 receipt of a letter from the National Council accepting his written application

for resignation from Membership or

5.4.3 becoming a person of diminished responsibility or

5.4.4 death or de-registration from the register of Pharmacists by the Pharmacy

and Poisons Board.

5.5 The National council shall have power by resolution duly passed and entered in

its minute book to remove from Membership any member whose conduct shall in

the opinion of two-thirds of the full council be determined to be contrary to the

interests of the Society and their decision shall be final.

5.6 Notwithstanding the above, the National Council may mete out any appropriate

punishment including but not limited to suspension for a stated period of time.

5.7 Provided always that such a member whose conduct is in question shall be given

an opportunity to appear by himself or a duly appointed agent before the National

Council and be heard in his defence after being given not less than 14 days prior

notice of such a meeting.

5.8 In the event of such removal from Membership no portion of any fee or donation

paid by such member shall be refundable by the Society and any liability then

attaching to such a member in respect of any outstanding subscription shall

continue to subsist.

5.9 Any member whose membership is revoked shall have the name deleted from the

Register of Members.

5.10 Any member whose membership is revoked under the provisions of this

Constitution shall be eligible to re-apply for admission subject to a period of not

less than twelve months from the time he ceased to be a member and having

satisfied the National Council that the reasons which existed then upon being

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removed from Membership no longer apply.

5.11 The National Council shall have the discretion to accept or not accept such a re-

application and their decision shall be final.

5.12 Each bona fide member shall be issued with a certificate of Membership upon

payment of the required Membership fees..

6.0 ELECTIONS

6.1 All elections to all offices shall be contested by Kenyan citizens and shall be by

secret ballot and winning by simple majority. Each member eligible to vote shall

be entitled to only one vote.

6.2 To be eligible to contest an executive National Position the candidate must have

been a bona fide member for a continuos period of five years and three years for

an ordinary council membership prior to such appointment.

6.3 Ballot papers shall be sent to all bona fide members at their last known address at

least 30 days before the Annual General Meeting of the election year.

6.4 Duly cast ballot papers shall be returned by post or deposited in secure identified

box to reach the Returning Officer not later than 12.00 noon on the Date of the

Annual General Meeting.

6.5 The Returning Officer shall be appointed by the National Council and shall be a

person of good public standing who shall be notified to the electorate before

sending out nomination papers.

6.6 The Returning Officer shall use laid down guidelines in conducting the Elections as

stipulated under the voting procedure.

6.7 After the Election the Returning Officer shall announce loudly and table the results

duly signed by him and his assistants in the presence of and witnessed by at least

two members present. Election assistants shall be appointed by the National

Council.

7.0 NOMINATIONS

7.1 A bona fide member shall be validly nominated if his/her nomination is supported

by five members from at least three branches

7.2 Nominations and consent forms to serve shall be sent by the National Secretary to

reach each Branch at least two months before the Annual General meeting.

7.3 No member shall consent to be nominated for more than two Council offices but

may consent to be nominated as a Council Member if executive positions fail.

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7.4 Duly completed Nomination Forms shall be signed by the candidate, Branch

Chairman, Branch Secretary and three members of the Branch.

7.5 In the event of no valid nominations being received, nominations shall be accepted

from members present before the Annual General Meeting as first item agenda.

Members present may elect the previous council to continue in office for one other

year for a maximum of three (3) times.

8.0 BALLOT

8.1 Each Ballot Paper shall have a form with names of all Candidates and space to cast

vote.

8.2 Each Ballot Paper shall be numbered with security number and sent only to bona

fide members for the year of election.

8.3 Each voter shall cast the vote in private or place the Ballot in a self addressed

envelope and return to reach the appointed Returning Officer or venue on or

before 12.00 Noon on the day of the Annual General Meeting or any other date so

appointed prior to elections.

8.4 Each Ballot paper shall bear the date and time, deadline as well as place of

nomination.

9.0 VOTING PROCEDURE

9.1 The National Executive council shall appoint the Returning Officer and Two Tellers

(assistants) who shall be non-members.

9.2 The physical counting and Security of the Ballot shall be the sole responsibility of

the Returning Officer.

9.3 The National Executive committee shall specify the date and place of counting the

votes.

9.4 In the event of any member(s) receiving an equal number of votes for any office

the outgoing Chairman shall have a casting vote at the AGM.

9.5 Any member may seek for a recount in the event of an objection of the announced

results at the Annual General Meeting.

9.6 In the event that upon a re-count the result is not different from the original

results, a third and final recount shall be carried out in the presence of all members

present.

9.7 No petition shall be accepted after the re-count.

9.8 The Returning Officer shall sign and announce the election results and winners for

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their respective offices.

9.9 All ballot papers shall be retained for a period not exceeding six months by the

council and shall be destroyed thereafter.

9.10 This Election procedures shall apply wherever PSK is to be represented

10.0 NATIONAL COUNCIL

10.1 The affairs of the Society at National level shall be managed by the National

Council consisting of:-

1. The National Chairman

2. The National Vice-Chairman

3. The National Secretary

4. The National Treasurer

5. Ex-Officio - The Immediate past Chairman

6. Ex-Officio - The Head of Pharmaceutical Services of the Government.

7. Four Council Members

10.2 All office bearers except branch representatives, shall be elected at the Annual

Meeting once every three years. Branch representatives shall be elected by their

respective branches.

10.3 All retiring office bearers are eligible for re-election except that no member shall

serve more than two consecutive terms in any one office.

10.4 Under special circumstances or purposes, as may arise from time to time, the

National Council may co-opt up to two members at any one time to serve in the

council with such powers as the National Executive Council may decide.

10.5 Any vacancy for an elective post including the Council will be filled by election at a

Special General Meeting.

10.6 The Council may continue to function, not withstanding any vacancy, as long as

the number of members of the Council is not less than the minimum required to

form a quorum.

10.7 At all General and Council meetings the Chairman or, in his absence the Vice-

Chairman, or in the absence of both Chairman and Vice-Chairman, such a member

of the Council as shall be elected by the members present at the meeting shall

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preside, as Chairman.

10.8 Attendance of General Meetings and the Council Meetings by Society officials

should be regular and in case of absence for three consecutive meetings without

an apology, the officer ceases to be a member of the Council automatically and

such member will not be re-elected again in the same or consecutive year.

10.9 The Council may delegate any of its powers to the national Executive Committee or

Standing Committee or any Ad Hoc Committee of members with power to co-opt

among members of the Society.

10.10 The Council shall meet for the despatch of business, adjourn or regulate its

meetings as it shall deem fit. The Chairman shall have the casting vote in the event

of a tie.

10.11 The quorum for any meeting of the Council shall be at least six, two of whom shall

be members of the Executive Council.

10.12 The quorum for the purpose of voting on any major decision shall be two-thirds of

the elected Council members.

10.13 All meetings of the Council shall be summoned by the Honorary Secretary

provided that the Secretary shall on the requisition of the Chairman or any five

members of the Council, summon a meeting of the Council.

10.14 The Council shall cause proper minutes of all meetings of the society and all

Council Meetings and Committee meetings appointed by the Council to be taken,

recorded and properly kept.

10.15 The Council shall cause a true account of all monies, received and expended by the

Society to be kept and such accounts shall be audited as at 30th September each

year.

10.16 Executive Committee shall consist of the Chairman, Vice-Chairman, Secretary and

Treasurer and may hold such consultative meetings as deemed necessary for the

proper running of the National Council or Society.

10.17 All meetings held by the general body, council, executive committee or standing

committee shall be minuted and confirmed at the next meeting and when so

confirmed shall be held as prima facie evidence at all places and courts.

11.0 POWERS OF THE NATIONAL COUNCIL

11.1 The National Council shall carry into effect the objectives of the Society, propagate

the Society's objectives, save as herein provided to the contrary, all powers, rightsand duties vested in or imposed upon the Society may be exercised or performed

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by National Council. National Council shall further have power to appoint trustees

and determine their terms of reference.

12.0 CHAIN OF OFFICE

12.1 The Society shall keep as its property a ceremonial chain of office to be worn by

the National Chairman during official functions of the Society.

12.2 Names and Year of Service of All Chairmen shall be inscribed on this chain of office

the last being that of the incumbent National Chairman.

12.3 A ceremonial transfer of the chain of office shall be held publicly during the Annual

Dinner and Dance or other suitable function. It will mark an important event in the

Calendar of the Society and shall be indicated on the programme thus "MAKING OF

THE CHAIRMAN". This shall signify end and beginning of office of the NationalCouncil.

13.0 DUTIES OF THE SOCIETYS EXECUTIVE OFFICIALS

13.1 The duties described hereunder shall apply to the National office and also

Branches.

13.2 CHAIRMAN

13.3 The Chairman shall preside at all meetings of the Society. He shall be the overall

incharge, exercising general supervision over the work and activities of the Society.

He shall perform such other duties pertaining to the office of the Chairman and

shall be an ex-official member of all committees. He shall supervise and be

responsible for the Annual convention and exhibition.

13.4 VICE CHAIRMAN

13.5 In the event of inability or absence of the Chairman to perform his duties the Vice-

Chairman shall carry out the duties of the Chairman. He shall also act as the liaison

officer between the society and other regional and international associations.

13.6 SECRETARY

13.7 The Secretary shall be responsible for the day to day administration of the Society

and he shall assist the Chairman whenever possible. His other duties shall include:-

1. the preparation of the agenda for and the recording and distribution of

minutes of the General meeting, Annual General Meeting, and Special General

Meetings and all meetings of the National Council.

2. the safe keeping of all Society's records and minutes books.

3. distribution to membership members of National or Branch Council

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(a) A notice of 30 days before the date fixed for any Annual General Meeting

setting out the agenda date and place of such meeting and calling for

motions, properly motivated, to be submitted to him by members not

less than seven (7) days before the said meeting.

(b) The issuance of the agenda of the business to be transacted at the

Annual General Meeting. The agenda must be distributed not less than

30 days before the meeting, together with copies of the minutes of the

previous Annual General Meeting and details of any motions received.

(c) Sending out ballot papers containing the list of nominees together with

the notice for Annual General Meeting.

(d) A notice of each National Council Meeting not less than 7 days prior tothe meeting, together with copies of the minutes of the previous

meeting.

13.8 TREASURER

13.9 The Treasurer shall be responsible for administering the finances of the society,

and safe keeping of the Societys assets and he shall be required:-

1. to keep proper books and records of the funds of the Society and to submit

statements of accounts to National or Branch Council Meeting in accordance

with directions given to him.

2. to call for Branch membership returns as at 1st April of each year.

3. to request interim statements and records if required from the Branch

treasurers, PSK Journal Editor, and all relevant sub committees handling

society funds.

4. to send statements of accounts to all debtors not less than once in every three

months and at the end of Society's financial year.

5. to submit to the National or Branch Council and to the Annual General Meeting

an audited Balance sheet. Income and Expenditure account and statement of

funds flow as at the end of the past financial year.

6. to submit to the National or Branch Council and to the Annual General Meeting

the budget for the following year showing income and expenditure anticipated.

13.10 EMPLOYEES OF THE SOCIETY

1. The national Council may if deemed necessary make recommendations to the

Society to:

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(a) create offices and duties of the Society's employees

(b) make terms and conditions for employment

(c) budget to remunerate the officers if appointed

2. The Society in the Special General Meeting shall approve the proposal made as

an Agenda by a two third (2/3) majority of the members present.

13.10.2 The National Council shall advertise for substantive appointments for

interviews in the public media within such duration not less than 28 days from

the date of 1st advertisement.

13.10.3 The National Council shall elect and give an offer to the candidates on priority

basis.

13.10.4 Should the 1st candidate decline the offer, the Council shall make the offer to

the next on merit until the list of recommended candidates is exhausted. If no

candidate is willing to take the offer, the terms shall be reviewed, approved

and the post re-advertised.

14.0 VOTING AT COUNCIL MEETINGS

14.1 At each meeting of National Council, a resolution put to vote at the meeting shall

be decided upon a show of hands of the elected members. In the event of a tie,

the Chairman shall have a casting vote in addition to his deliberative vote.

15.0 STANDING COMMITTEES

15.1 The National Council shall appoint at least three to a maximum of five members to

any of the following Standing Committees.

1. Education/Publications Committee

2. Industrial Sector Committee

3. Hospital/Community Pharmacy Committee

4. Legal/Ethics Committee

5. Investment Committee

6. Public Relations & Social Committee

7. Committee of Fellows

15.2 To be eligible for appointment to any standing committee a member must have

been a bona fide member for a continuos period of two years prior such an

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appointment.

15.3 Persons to be nominated to represent the society in other organisations must

meet criteria 6.2 and in addition must have been a member of a standing

committee of the society within the previous six years.

15.4 Each member shall serve for a period of Two years, but is eligible for

reappointment.

15.5 Each Standing Committee shall have powers to co-opt any member as deemed

necessary.

15.6 Each Standing Committee may organise its meetings and invite other persons to

disseminate education etc.

15.7 Each Standing Committee may collect, bank and account for any monies for the

purpose of meeting its objectives subject to remitting all balances at completion of

the project to the national Council. There shall be three signatories to the standing

committee accounts including the Convenor. One other committee member and

either the National Chairman or National Treasurer.

16.0 FELLOWSHIP AWARD

1. Based on the recommendations of the national Council at its meetings held in

the year the Society shall approve the nominations for the Fellowship Awards.

2. Each awardee shall be conveyed of the decision of the Council through

office of the National Chairman of PSK, and invited to receive the prestigious

award at the Award Ceremony organised by PSK.

17.0 FELLOWSHIP

1. A full member who has rendered distinguished service to the society or in the

field of pharmacy or who has made outstanding original contribution to the

advancement of pharmaceutical knowledge or who has attained exceptional

proficiency in a subject embraced by or related to the practice of pharmacymay be awarded and designated as a Fellow of the Pharmaceutical Society of

Kenya.

2. The fellowship shall be awarded on the recommendation of National Council,

based on the biographical profile of the nominated members as submitted by a

colleague member and supported by two other members.

3. Fellows shall hold the title at the pleasure of the Society and fulfil or observe

any requirements as may be deemed necessary.

4. Fellows may ascribe the acronym FPSK after their names.

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18.0 NOMINATION PROCEDURE TO FELLLOWSHIP AWARD

18.1 Any member who is of good standing with PSK for at least ten years is entitled to

nominate not more than one member in a year for fellowship. he nominated

member shall meet the criteria given here below:

1. The nominee must be a member of the Society of good standing for at least

ten years but consideration may be given to candidates with exceptional

performance.

2. The nominee has made outstanding contribution throughout his/her career to

the profession of pharmacy.

3. The nominee has actively contributed in the activities organised by PSK.

4. There shall be a form to be filled for nomination to Fellowship which shall have

information deemed necessary for evaluating the application but shall include

at least a biographical profile of the nominee and a short justification for the

nomination.

5. The nomination must be supported by two other members of which one shall

be a fellow of the Society, or four other full members in the absence of a

fellow. Supporting members may wish to add their own justification for

recommending the nomination after the proposer.

6. The nomination papers need not include any consent letter from the nominee.

Biographical profile of the nominee shall give clear details of the achievements

made by the nominee. Hon. National Secretary of PSK reserves the right to

obtain any clarification, either directly from the nominees or from any of the

supporting members.

7. All information shall be treated in confidence.

8. Nominations for awards may be made post-humus.

9. The decisions made by the National Council shall be final.

19.0 BRANCHES

19.1 Branches of the Society may be formed or dissolved in any locality in Kenya where

there are at least 20 Registered and practising pharmacists, subject to approval by

the national Council provided that

1. The Branches so constituted shall be governed in such a manner and perform

such functions as may be determined by rules for the time being in force in

respect to those Branches.

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2. The proposing branch members shall make a written application to the

National Council giving the names and addresses of the potential members

and stating the postal address and common place of meeting

3. The rules of each Branch shall be subject to the approval of the National

Council and shall not conflict with any provisions of this constitution.

4. Each Branch shall forward in total membership fee to the National Council BUT

50% of the Annual Subscription shall be returned to the branch for its

activities.

5. Minutes of all Meetings of the Branch shall be forwarded to the National

Secretary.

6. All office bearers shall be elected at the Branch Annual General Meeting once

every two years.

7. All retiring officers are eligible for re-election except that no member shall

serve more than two consecutive terms in any one office.

20.0 MEETINGS

20.1 GENERAL MEETINGS

1. General Meetings of the Society or Branch may be held from time to time but

not less than 3 in a year as National or Branch Council may determine.

2. Notice of General Meetings shall be sent to all members in writing to their

current address and/or published in the print or electronic media by the Hon

Secretary. All branch meeting notices shall be copied to the Hon. (National)

Secretary.

3. The quorum of all meeting shall be at least 20% of paid-up members or 10

members whichever is greater of current membership, whether National or

Branch.

20.2 SPECIAL GENERAL MEETINGS

1. Special General Meetings of the Society or Branch may be called by the Hon

Secretary giving a notice stating the agenda of the proposed meeting.

2. A notice and agenda shall be sent to all members in writing provided that at

least 28 days notice of such a meeting shall be circulated to all members.

3. The quorum of such a meeting shall be 30% or 10 members whichever is

greater.

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20.3 EXTRA-ORDINARY GENERAL MEETINGS

1. Members may demand for an extra-ordinary General Meeting subject to at

least 20 paid-up members at least two from every branch appending their

names and signatures upon submission of such a demand notice of the

meeting. The National Council shall direct the National Secretary or National

Chairman to convene such a meeting. If 60 days of such a demand expires

without a notice being given; the signatories shall send a notice but shall

attach a dated copy of the first request.

2. Extra-Ordinary General Meeting of the Society shall be called by the Secretary

upon receipt in writing of a request signed by not less than 20 members of the

Society with at least two from every branch or one-third of branch members

stating the objectives of the proposed meeting. This does not apply to anadjourned Extra- Ordinary Meeting.

3. The same provisions shall apply at the branch except that a request from 10

members shall suffice.

4. The Notice and agenda shall be sent to all members in writing provided that at

least 28 days notice of such a meeting shall be circulated to all members.

5. The quorum of such a meeting shall be as Annual General Meeting.

20.4 ANNUAL GENERAL MEETING

1. The Annual general Meeting shall be held at the end of Accounting Year or at

such a time and/or during the ANNUAL SYMPOSIUM at the venue so elected or

failing all this within 90 days after the end of the Accounting Year.

2. A notice of Annual General Meeting shall be sent to all members in writing

provided that at least 28 days notice of such a meeting shall be circulated.

3. The quorum of Annual General Meeting shall be two thirds of paid up

members.

4. The Agenda for an Annual General Meeting shall include the following:-

(a) Reading of Notice of Meeting.

(b) Apologies for absence

(c) Confirmation of Minutes of the Previous Annual General Meeting.

(d) Matters Arising

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(e) The Chairman's Report

(f) Treasurer's Report

(g) Notice of Motion(s)

(h) Election of office bearers.

(i) Appointment of Auditors

(j) Any Other Business of which notice shall have been received the

National Secretary at lease 7 days before the AGM

20.5 CONVENING OF MEETINGS (COUNCIL)

1. The convening of meetings of National Council shall be the responsibility of the

National Secretary, in consultation with the National Chairman.

2. A notice shall be sent to each member of the National Council and each

Branch chairman not later than seven (7) days prior to the meeting together

with a copy of minutes of the previous meeting.

3. These meetings shall be held immediately prior to the society General Meeting,

immediately following the Society Annual General Meeting and at least one

other occasions during the year.

4. Emergency meetings of the National Council may be held at the Chairman's

discretion provided that at least three days notice is given to all members of

National Council.

21.0 FINANCE

21.1 The funds of the Society shall consist of Membership fee, Annual Subscriptions as

may be regulated by the Council from time to time together with such grants,

contributions, bequests and other forms of income as the society may receive from

time to time.

21.2 The Accounting Year of the society shall run from the 1st day of October until the

30th day of September next.

21.3 The National or Branch Council may open a banking account or accounts at any

bank or banks approved by the members. All cheques shall be signed by two

Executive officers of the Society or Branch but shall also include the Treasurer for

National or Branch affairs.

21.4 The National or Branch Council shall have power to borrow or raise money in sucha manner as the Society shall think fit. The funds shall be used in accordance with

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the objectives of the Society.

21.5 The Standing Committees or any other Committee may raise funds or money for

specific projects and such money may be banked or accounted separately, as shall

be authorised by the National or Branch Council.

21.6 The National Council or Branch Council shall submit to each Annual General

Meeting a report of the accounts of the Society including the activities of the

National or Branch Council and any committees appointed by them during the

branch accounting year together with a financial statement duly certified as correct

by the auditors to be appointed or at the Annual General Meeting.

21.7 The Chairman, Hon Treasurer, and Secretary will at the discretion of the National

Council operate an imprest Petty Cash account of up to Kshs. 10,000.00 each or asmay be approved. This amount may be reviewed from time to time and approved

in a resolution of a General Meeting.

21.8 In the event that the National or Branch Council or any of its member incurs

unbudgeted or unauthorised expenditure and fails to provide an acceptable

explanation thereof, the Society may pass a resolution at a General Meeting to

demand that funds so spent be refunded in full or in part. If the said persons fail

and/or ignore to respond to the demands so made the society may institute

appropriate disciplinary action including legal proceedings to recover such funds.

21.9 No person or persons shall make any agreement or contract binding upon the

Society or vary the terms of any existing contract or agreement except with the

approval of the National Council, who may delegate to a specific member or

members of the National Council authority to enter into any agreement or contract

usual of the normal in the course of the general business of the Society.

22.0 INDEMNITY

22.1 The Office Bearers of the Society every one of them and every one of their heirs,

successors, administrators executors and assignees shall be indemnified and held

harmless out of the funds and property of the Society and against all actions,

charges claims, losses, damages and expenses which they or any one of them or

their heirs, successors, administrators and their executors and assignees shall or

may sustain by reason of any act done in or about the execution of their respective

duties in their respective offices, except such as they shall incur or sustain by

reason of their own wilful neglect or default, provided that none of them shall be

answerable for the wilful neglect or default of any other or for the neglect or

default of any bank, or for insufficiency of any security upon which any monies of

the society shall be placed or invested.

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23.0 BORROWING POWERS

1. The National or Branch Council may by resolution borrow sums of money for

the purposes of the society, in such amounts and upon such security and

subject to such conditions as may be specified in the resolution.

2. The National Chairman together with the Honorary National Treasurer and the

Honorary National Secretary of the society shall be entitled to effect mortgage,

bonds and debentures and other such deeds to secure any advance or loans

granted to the society and to take all such steps as they may deem necessary.

24.0 AUDITORS

1. An auditor shall be appointed each year at the Annual General Meeting.

2. All the society's accounts and documents shall be open to inspection by theAuditor at all times.

3. The Auditor shall be paid such an honorarium for his/her services as may be

resolved by the National Council.

4. The Auditor shall examine and certify the Accounts of the society and make a

report thereof to the society.

5. A copy of the Auditors report shall be furnished to all voting members of the

society along with the notice covering the Annual General Meeting.

25.0 CODE OF ETHICS

1. The Society shall draw up a Code of Ethics and standard of Professional

Conduct of Pharmacy practise.

2. Every Member shall judiciously comply with the code of Ethics and any breach

of the code shall be reported as soon as practicable to the National Council.

3. The National Council shall cause to be investigated such a reported breach and

if there is reasonable ground to suspect a breach, commission or admission of

the breach:-

(a) summons a member to enter his/her defence

(b) reprimand the member if found guilty

(c) recommend action to be taken against the offender by the Pharmacy

and Poisons Board.

(d) the National Council may appoint or delegate its powers to any of its

standing committees or Branches or to any member to make thorough

investigations and make recommendations to allegation of Professional

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Misconduct.

26.0 THE PHARMACY PRACTITIONERS PROFESSIONAL OATH

1. The National Council shall appoint a date and venue to administer the

Pharmacy Practitioners Professional Oath to a full member who by virtue of

circumstances shall not have taken the oath.

2. A full member who has sworn to the Oath shall enjoy use of titles, honour and

privileges of the Society.

27.0 USE OF TITLES

1. A member shall be entitled to use such acronyms before or after his/her name

respective to their category of Membership as from time to time the Society

may decide.

2. Use of the title shall be at the pleasure of the Society and shall be subject to

upholding the honour and dignity of the noble profession of pharmacy.

3. A member may use the respective titles provided that whenever membership

to the Society ceases for whatever reason, the affected person shall no longer

be entitled to use the Title or its acronym aforementioned and shall desist

from using the same.

4. Names, addresses and place of Practice of a bona fide member shall be

published in the official Journal of the Society by July of each year.

5. Places of practise may be issued with annual Certificates of recognition or with

compliance Certificates subject to approval in a Special General Meeting of the

criteria and Certification procedure.

28.0 EMBLEM

28.1 The official emblem of the Society shall be used for the purposes of the Society

only unless its use is sought and granted in writing by the National Council for

whatever consideration the Council may levy.

29.0 SEAL

1. There shall be a Seal of the Pharmaceutical Society of Kenya, which shall be

used solely for the purposes of sealing any certificate. The Chairman shall

ensure its safe keeping and shall be the only officer to sign for and on behalf

of the Society.

2. The Seal shall be binding the Society and shall not be revoked except by a

Resolution of the Society in a Special General Meeting called for that purpose.

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30.0 CONFERENCES

30.1 The society or Branch may hold a Symposium, Scientific Congress, Exhibition or

Conference as a forum for continuing Education and at least one of such being

held on Annual Basis.

31.0 PUBLICATIONS

31.1 The Society shall publish a Journal and a newsletter regularly for the purpose of

disseminating, information to its member or allied professions which shall be called

the Pharmaceutical Journal of Kenya, Pharma News or any other format approved

by the Council and ratified in a general meeting.

32.0 LEGAL PROCEDURE

32.1 No Branch and no member on behalf of the Branch shall institute legal proceedings

on behalf of the society without leave of the National Council. If legal proceedingsare instituted against a member or Branch or Society in his capacity as a member

of the Branch, the Branch concerned shall at once inform the National Secretary

and thereafter be guided by National Council.

33.0 ASSISTANCE

33.1 The National or Branch Council upon its own motion may elect to give any

assistance as they may deem fit to any member(s) be it Legal, Medical, Social or

otherwise provided that such assistance is in furtherance to the objectives of the

Society and after having satisfied itself that the assistance is in the best interest of

the Pharmacy Profession.

34.0 TRUSTEES

34.1 There shall be trustees elected and empowered by the Society to look after the

property of the Society when and if this is acquired.

35.0 AMENDMENTS

1. No resolution involving an amendment or alteration to the constitution of the

Society shall be considered at any special General Meeting unless notice

thereof setting out the proposed amendments or alterations shall have been

fully specified in the notice of at least 28 days convening the Special General

Meeting.

2. No resolution involving an amendment or alteration to the constitution of the

Society shall be declared carried in any Special General Meeting unless two-

thirds of the voting members present and voting shall have declared in favour

of it.

3. Within fourteen days of an amendment or alteration to the constitution having

been resolved, the Honorary Secretary shall make application for ratification inwriting signed by three office bearers, to the Registrar of Societies. No

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amendment or alteration to the constitution shall be valid until such ratification

has been received in writing from the Registrar of Societies.

36.0 DISSOLUTION

1. The Society may be dissolved at any time by a resolution of not less than

three fourths of the members present at a Special General Meeting called for

that purpose the quorum for the special general meeting having been

achieved.

2. A notice of at least 28 days of any such proposal shall be given to all members

of the Society.

3. Any resolution purporting to dissolve the Society shall not be effective unless

the permission of the Registrar of Societies has been obtained in response toan application made to him and signed by three of the office bearers.

4. When the dissolution of the Society has been approved by members and the

Registrar of Societies, no further action shall be taken by the National Council

or by any office bearers of the Society other than to liquidate for cash all the

assets of the Society and the payment of all debts due by the Society.

5. Any Cash balance remaining to the Credit of the Society and any books,

papers, or other properties of the Society shall after dissolution has been

effected be handed over to the Trustees empowered by the Society to lookafter the property of the Society and thereafter to be distributed in such a

manner as may be decided.

END

psk constitution

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