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ALUMNI CONSTITUTION

PREAMBLE

We, the Alumni of Moi University,

ACKNOWLEDGING the supremacy of the Almighty God of all creation

HONOURING those who founded and established the institution of Moi University

PROUD of our graduates of Moi University, graduates of other universities who are employees of Moi University with interest
of identifying with Moi University, special members and honorary members

RESPECTFUL of our various schools/institutes/ sections and stakeholders

RECOGNIZING the need to promote socio-economic and intellectual interaction between Moi University and the Alumni and also within the Alumni

COMMITTED to establish collaborative links with other Alumni bodies and organizations in Kenya and the rest of the world

ADOPT , ENACT and GIVE this constitution to ourselves and to our future generations as the constitution of Moi University Alumni Association (MUAA) on this …………the day of …………… 2006.

SUPREMACY OF THE CONSTITUTION
This constitution shall be the supreme law of Moi University Alumni Association (MUAA) and any other law, rule or regulation inconsistent with it shall be null and void to the extent of that inconsistency subject to the university rules, regulations, Act and statutes.

AMENDMENT OF THIS CONSTITUTION

  1. This constitution can only be amended by a resolution supported by sixty percent (60%) of paid up members voting
    in the Annual General Meeting.
  2. In this section references to the amendment of the constitution, by law schedule or rule are references to the amendment modification, suspension or repeal of any provision in this constitution, by-law, schedule or rule.
INTERPRETATION OF THE CONSTITUTION
  1. This constitution is based on the ultimate supremacy of the paid up members of MUAA, with regard herein and this constitution shall be interpreted in a manner that:

    • Advances the preamble statement and the principles of intent of this constitution.
    • Avoids the technicalities which defeat the purpose of this constitution.


  2. No person shall arrogate any authority to oneself which does not emanate from this constitution.

  3. A person or authority interpreting this constitution may refer to matters and facts, which will assist in the purposive interpretation of this constitution.
Definition of Terms
In this constitution unless the context indicates otherwise,
Alumni Normally refers to a group of male or female former students. Article 3 of this constitution comprises of various categories of membership
Alumni Association Is a group of graduates both male and female who have graduated from the same institution and hold their school in high regard.
Budget A statement of the association's revenue and expenditure, normally annual
Council Is a group of people appointed or elected to give advice, make rules, and manage affairs of Moi University as constituted in terms of the University Act, 1984
Convocation a formal assembly which is constituted mainly during graduation ceremonies when all members including family and friends of graduands and the university congregate. It is therefore a ceremony held in a university when students receive their degrees.
Coordinating Office An office (normally interim) set up outside the registered office of the association to carry out duties prescribed by the management board.
Executive Committee A committee comprising alumni management board, co-opted members and one nominee from the fourteen (14) schools.
Financial Year Means the financial year of the university determined under section 18 of the Moi University act
Graduate Means a person on whom a degree has been conferred by the university and includes a member of the convocation of the university
Newsletter The association's organ of expressing views, opinions and ideas
School Committee Oversees the activities of the Alumni within school as per the strategic plan 2005-2015
Senate A governing academic body of the university established under the Moi University Act
Standing Committee A committee appointed to carryout a specific duty assigned to it from time to time
ARTICLES

Article Contents  
Article 1 Name M
Article 2

Aims and objectives
Article 3 Membership
Article 4 Rights, privileges, duties and obligations of members
Article 5 Principle organs and their Functions  
Article 6 Management Board U
Article 7 Duties of the Management Board
Article 8 The Executive Committee
Article 9 Schools Committees
Article 10 Representation in the Governance of the University  
Article 11 Meetings A
Article 12 Elections and By-elections
Article 13 Finance and Investments
Article 14 Discipline


ARTICLE 1:            NAME

 (a) The Association constituted by these rules shall be known as “The Moi University Alumni Association,” hereafter
      referred to as MUAA of Alumni.  The name and the logo of the Association shall be registered with the registrar of
      Societies of the Republic of Kenya and with University Council.

(b) The registered office of the association shall be based in the office of Deputy Vice Chancellor (Research & Extension),
     Alumni Office, Moi University P.O. Box 3900 - 30100, Eldoret, Kenya.

There shall be created in each school or institute branch committees as may be directed from time to time, provided that such committees shall be accountable to the executive committee. School committees shall operate within the confines provided in this constitution.   

The Alumni Association shall be a Welfare organization and will strive to promote excellence in scholarship, a unique cultural and academic identity of both members and Moi University and participate in development of higher education in Kenya. It shall be non-discriminative and impartial.  

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ARTICLE 2:            AIMS AND OBJECTIVES

The following shall be the aims and objectives of the Moi University Alumni Association.  

(a) To establish an efficient alumni governance.  
(b) Subject to provisions of Moi University Act, 1984 and other relevant statutes, seek representation in the organs of the university.  
(c) To promote socio-economic and intellectual interaction between Moi University and the Alumni and also within the alumni.  
(d) To contribute to the growth and advancement of Moi University by participating in development projects.  
(e) To form committees of the alumni within the schools so as to reach out to the members of a specified specialty.  
(f) To form coordination offices of the alumni within the country and the rest of the world so as to reach out to the members.  
(g) To promote, improve and protect the interests of the members and the alumni's welfare.  
(h) To support and recognize scholarship and academic excellence of Moi University and of the members.  
(i) To encourage, develop and maintain academic and social traditions unique to Moi University.  
(j) To establish collaborative links with other alumni bodies and organizations in Kenya and the rest of the world with similar interests.  
(k) To participate in the deliberations of the senate and council and any other meetings in the interest of the alumni and the university.  
(l) To participate in any other worthwhile national development activities.  
(m) To devise ways and means of raising funds for the activities of the alumni.  
(n) To pursue these aims and objectives independent of political, religious, gender, racial, tribal and personal bias or any other attribute of discrimination.  

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ARTICLE 3:            MEMBERSHIP

 There are five categories of membership:

  1. Ordinary Membership

  2. Associate Membership

  3. Affiliate Membership

  4. Special Membership

  5. Honorary Membership
(1) Ordinary Membership

Shall be open to all graduates of Moi University upon payment of membership and subscription fees which shall be set by the executive council and approved by the members from time to time.
(2) Associate Membership

Shall comprise graduates of other universities or institutions who are employees of Moi University with common interest in association and must apply and pay upon acceptance of membership and subscription fees which shall be determined by the executive committee and approved by the Annual General Meeting from time to time.
(3) Affiliate Membership

Shall comprise graduates from other universities with interest of identifying with Moi University upon payment of registration fee to be determined by the Annual General Meeting.
(4) Special membership

Shall consist of parents of past/present students, well wishers/friends, and development partners with interest of and growth/development of Moi University.
(5) Honorary Membership

Shall comprise highly placed individuals in society and distinguished for their work which the association can identify itself to meet some objectives of the association. Honorary Members of the alumni shall be:-Chancellor, Council, Chairperson, Vice- Chancellor, Deputy Vice - Chancellor (Research & Extension), Deputy Vice-Chancellor (Planning and Development) Principals of constituent colleges and campuses, Professors, all present and past members of the teaching staff of Moi University (including for this purpose, emeritus professors, honorary professors) The Chief Academic Officer and the Chief Administrative officer upon payment of registration fee as determined from time to time by the Annual General Meeting provided such members shall not belong to some category of other membership.

CESSATION OF MEMBERSHIP

A member will cease to exist upon the following,

  • Death

  • Termination of employment by Moi University

  • When disciplinary measures result into an expulsion

  • Cessation to make subscription as provided for in this constitution

  • Lack of interest in the university
Any member who ceases to be a MUAA member shall not be entitled to any refund of subscription fee or any monetary contribution by him or her.

No refund of registration fee will be made to such members and membership will not be transferable.

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ARTICLE 4:            RIGHTS, PRIVILEGES, DUTIES AND OBLIGATIONS OF MEMBERS

  1. Every member shall respect MUAA (including decisions and actions legally made by them) as established in this constitution;

  2. Every member shall respect property owned by MUAA, University and the public. Any member who malices or causes damage to property owned by MUAA, university or the public should be subject to the disciplinary provisions of MUAA and punishment by any other affected parties.

  3. Every member shall be required to honour individual and financial obligation to MUAA, including and in particular, pay membership fee upon graduating and subsequently change the membership status provided for in the registration form.

 (a)            Ordinary Members

 Shall have the following rights, duties and obligations:- 

  1. Paid up members who shall get unlimited access to this constitution including (a copy in Braille to blind members)

  2. To inspect books of accounts upon issuing

  3. To attend all General Meetings of the Alumni

  4. To participate in activities of the alumni and give assistance in the actions undertaken by it.

  5. Elect a person or be elected to any of the organs of the alumni

  6. Be nominated or appointed as observers or representatives of the Alumni to any meetings, which the Alumni may be required to participate.

  7. To observe the constitution and all the decisions regularly taken by the organs of the Alumni and to express any ideas freely.

  8. All paid-up members shall be entitled to benefit from the activities, services and facilities of the alumni; provided that such benefits shall not be by forceful means, misuse of MUAA facilities, or any other unlawful means breach of which disciplinary actions will be considered.

 (b)            Associate, Honorary, Affiliate, Special Members and Life Members not originally Ordinary members

Shall have the same rights, privileges, duties and obligations of ordinary members with the exception of section (a) (v) of this article.

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ARTICLE 5:            PRINCIPLE ORGANS AND THEIR FUNCTIONS:

 These shall be: 

(i)     Annual General Meeting – AGM

(ii)    Special General Meeting – SGM

(iii)    Executive Committee – EC 

(iv)    Newsletter - NL 

1.            ANNUAL GENERAL MEETING (AGM)

 Shall be empowered to:- 

  1. Hold election of management board of the Executive Committee (EC) and any other committees.

  2. Create standing committees

  3. Amend and ratify the constitution

  4. Review the policies of the Alumni

  5. Declare a vote of no-confidence on any official.

  6. Approve the budget

  7. Deliberate on any other matters referred to the assembly

2.            SPECIAL GENERAL MEETING (SGM)

 Shall be convened to:- 

  1. Conduct by-elections

  2. Amend the constitution

  3. Enact disciplinary steps against members and officials

  4. Execute and participate in projects

  5. Discuss only the agenda for which the meeting was called.

3.            EXECUTIVE COMMITTEE

 Shall be authorized to:- 

  1. Discuss and executive policy matters on behalf of the Annual General Meeting.

  2. Stipulate regulations for day to day activities of the Alumni

  3. Maintain discipline within the Alumni

  4. Prepare budget of the Alumni for annual General Meeting.

  5. Award scholarships to potential beneficiaries.

  6. Disburse finances.

  7. Form any other Ad-hoc Committee

  8. Discuss Any Other Business referred to it by the Annual General Meeting.

4.            NEWSLETTER

 This shall be the mouthpiece of the Alumni and shall carry the views and news of the Alumni. 

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ARTICLE 6:            MANAGEMENT BOARD


  1. The Management Board shall comprise of the following:

    • The Chairperson

    • The Vice Chairperson

    • The Treasurer

    • The Vice Treasurer

    • Alumni Officer
           
    All of whom shall be fully paid up members of the Alumni and shall be elected at the Annual General Meeting after Three years, except the Alumni Officer.
          
    The Deputy Vice Chancellor (Research and Extension) shall be the Secretary to Alumni as provided for by the statutes.

  2. The Management Board shall normally be dissolved every three years.

  3. Any management board member who ceases to be a member of the alumni shall automatically cease to be a member of the board, thereof.

  4. Any management board member may be removed from office under regulations to be determined by the Article referred to as "Discipline".
Vote of No Confidence in a Management Board Member
  1. 1. Any motion proposing a vote of no confidence in a management board member shall originate from only paid up members who shall table it at an Annual General Meeting, after a written notice of not less than fourteen (14) days, to the member who is the subject of the motion, through the alumni officer, stating the grounds of such motion, and if after the person who is the subject of the motion is given opportunity to respond to it in annual general meeting the motion is supported by not less than half of paid up member present. The executive committee shall convene a SGM within seven (7) days to approve such resolution by half of the members present in support of all paid up MUAA members at the SGM.

  2. A motion of no confidence in any management board member shall only be moved for

    • Blatant violation of the provisions of this constitution or

    • Gross misconduct or

    • Persistent inability to execute the duties of his or her office as provided in this constitution or

    • Financial mismanagement

  3. If a vote of no confidence succeeds, then that management board member loses his or her position and a fresh election is to be held in that AGM.

  4. This rules shall apply to any office bearer of our various schools/institutes/sections, stakeholders or any coordinating office.

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ARTICLE 7:            DUTIES OF THE MANAGEMENT BOARD:

(a) The Chairperson shall:-
  1. Be the Executive head of the Alumni

  2. Preside over and conduct Annual General Meeting and Special General Meetings of the Alumni, Executive Committee Meetings and any other meetings or committees unless prevented by illness and other cause.

  3. Be an ex-officio member of all committees

  4. Be a signatory to all Alumni financial transactions.

  5. Be the official spokesman of the alumni

  6. Convene an emergency meeting in consultation with the secretary

  7. Represent the alumni in Senate and University council

  8. Be the custodian of the Alumni movable and immovable assets.
(b) The Vice Chairperson shall:
  1. Perform the duties of the Chairman in, the event the latter is absent and while doing so have the same privileges as the Chairman

  2. Act as Chairman in case of incapacitation or resignation of the Chairman subject to article on elections and by-elections.
(c) The Secretary shall:-
  1. Deal with all correspondence to the Alumni.

  2. Issue notices of meetings of both the Executive Committee and General Meetings.

  3. Prepare and circulate the agenda for Executive Committee Meetings and General Meetings.

  4. Keep records and minutes of all meetings.

  5. Receive items of agenda from the members in the form of motions to be considered in the Annual General meetings.

  6. Be a signatory to the Alumni financial transactions.

  7. Play the role of the public relations officer.
(d) The Treasurer shall:-
  1. Receive and bank under the directions of the Committee all money belonging to the alumni

  2. Maintain and keep financial records of the Alumni

  3. With the approval of the Executive Committee, make payments

  4. Prepare and present annual audited records to the Annual General Meeting

  5. Be a signatory to Alumni financial transactions.

  6. Represent Alumni in the university council
(e) The Vice Treasurer shall:-
  1. Perform such duties as may be specifically assigned by the Treasurer or by the Executive Committee relating to financial matters.

  2. Perform the duties of the Treasurer in the absence of the Treasurer.

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ARTICLE 8:            THE EXECUTIVE COMMITTEE

(a) The Executive Committee shall consist of:     
  1. Management board of the Alumni

  2. One nominee from each of the thirteen (13) schools

  3. Three Co-opted members
b) The Executive Committee shall meet at such times and places as it shall resolve but shall meet not less than once in any
    three months. The quorum for Executive Committee meetings shall not be less than one half of the members.

(c) The Executive Committee shall be responsible to the Alumni members for:-
  1. Appointing Ad-hoc Committees

  2. Making rules and regulations for the caring of the Association's property and general efficient running of the association's affairs

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ARTICLE 9:            SCHOOL COMMITTEES

School Committee of the Alumni shall be formed with the approval of the Executive Committee. The School Committee shall use this constitution for their operation and not to be ultra-vires to contradict the operation of MUAA executive committee.

(A)   MANAGEMENT OF THE SCHOOL COMMITTEES

These shall be:-
  1. The Chairperson

  2. The Vice Chairperson

  3. The Secretary

  4. The Treasurer
(B)   DUTIES AND FUNCTIONS OF SCHOOL COMMITTEES

  1. Hold school committee meetings

  2. Assist in recruitment of new members

  3. Solicit for funds, scholarships and bursaries within the confines of the executive committee

  4. Solicit for placement of graduates of Moi University

  5. To implement the resolutions of the Executive Committee

  6. To recommend to the Executive committee potential beneficiaries for awards and prizes.

  7. To carry out the projects within their specialization with consultation and approval of the executive committee.
C)   POWERS OF THE SCHOOL COMMITTEE

The School Committee shall:-
  1. Be subsidiary to the Executive Committee and they shall submit annual reports at the Annual General Meeting through the management board.

  2. Submit annual reports through the secretary on their financial transactions to the executive committee.

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ARTICLE 10:            REPRESENTATION IN THE GOVERNANCE OF THE UNIVERSITY


The Chairperson shall represent the Alumni in Senate and University council.

The Treasurer shall represent the alumni in university council

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ARTICLE 11:            MEETINGS


1.   Types of meetings

There shall be three types of meetings-    
  1. The Annual General Meeting

  2. The Special General Meeting

  3. The Executive Committee Meeting
(a)    Annual General Meeting
  1. The Annual General Meeting shall be convened by the Secretary at the request of the Chairman annually. Notice in writing of such annual general meeting, accompanied by the annual statement of account and the agenda for the meeting shall be sent to all members not less than 14 days before the date of the meeting and where practicable by press not less than 7 days before the date of the meeting.

  2. The agenda for the Annual General Meeting shall consist of the following:-
    • Confirmation of the minutes of the previous annual general meeting

    • Consideration of the account

    • Election of management board members and the committee members and trustees.

    • Approval of accounts by the university auditors

    • Such other matters as the executive committee may decide or as to which notice shall have been given by member (s) provided such notice shall reach the secretary at least four weeks before the date of the meeting.
(b)    Special General Meeting
  1. A Special General Meeting shall be called for any specific purpose by the Executive Committee. Notices in writing of such meeting shall be sent to all members and where practicable in press advertisement not less than seven days before the date of such meeting.

  2. A Special General Meeting may also be requested for a specific purpose in writing to the Secretary by not less than a third of the members and such meetings shall be held within 21 days.
(c)    The Executive Committee Meetings
  1. The Executive Committee shall meet at such times and places as it shall resolve but shall meet not less than once in any three months.

    The quorum for Executive Committee meetings shall not be less than one half of the members.

  2. Notice and Agenda of such meetings shall be given at least 14 days before the date of the meeting.
2. Procedures at General Meeting

These shall be as follows:-
  1. The Chairman of the Alumni shall chair all the meetings

  2. The Secretary shall take the minutes of all meetings

  3. The chairman shall decide the number of persons permitted to speak in favour or against any motion.

  4. Resolution shall be decided by simple voting by a show of hands. In the case of a tie of vote, the chairman shall have a casting vote.

  5. Meetings shall normally start on time with a provision for 30 minute to attain quorum

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ARTICLE 12:            ELECTIONS AND BY-ELECTIONS


  1. The general elections of the management board shall, in normal circumstances, be held at the Annual General Meeting every three years.

  2. Any ordinary member of the Alumni shall be eligible for election to any one of the vacant posts provided one is fully paid up.

  3. Procedure for the elections shall be:-
    • All the elections shall be by secret ballot and by majority vote

    • In the event of a tie between candidates the ballot shall be repeated until a candidate receives a simple majority

    • The elections shall be organized by a Returning Officer who is the Secretary of the Executive Committee

    • The nomination papers for the proposed candidate must contain the names and signatures of at least fifteen(15) proposers who must be current ordinary paid-up members of the Alumni.

    • Each candidate shall collect the nomination papers from the Secretariat on payment of a non-refundable nomination fee to be decided by the Executive Committee on or at least seven days before the election date and returned at least two days before the date.
SPOILT VOTES
  1. During the counting of ballots papers;

    • A spoilt vote shall not be tallied on to any of the candidates

    • A candidate may voluntarily be personally present and at no time shall a candidate be barred from witnessing the counting of ballot papers.

  2. For purposes of this section a spoilt vote shall mean that which is obliterated, or damaged or ambiguous or illegible and it cannot be deciphered which candidate for whom it was cast.
ELECTION OFFENCES
  1. An election offence shall disqualify a candidate

  2. For purposes of this section, an election offence shall include;-

    • Rigging

    • Harassment

    • Use of forceful means

    • Intimidation

    • Giving false information

    • Campaigning on the poling day and or any other act omission which defeats the tenets of free and fair elections.
DISSOLUTION OF THE ELECTORAL COMMISSION WHO CONSTITUTES THE COMMITTEE.
  1. The Electoral Commission shall stand dissolved, if there is no election petition against election results and hand over their returns to the Alumni Officer, when new officials are inaugurated into office.

  2. In the event of a petition against election result by any person, the electoral Commission shall wait to act on the resolution reached by the elections appeals committee on the said petition before it stands dissolved.

  3. The Returning Officer shall prepare and publicize a statement showing persons who have been validly nominated

  4. Any decision as to what shall be taken as spoilt shall be taken by the Returning Officer whose decision shall be final.

  5. The Returning Officer shall announce the results of the elections as soon as possible after the counting of the ballot paper.

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ARTICLE 13:            FINANCE AND INVESTMENTS


(a)    The sources of the Alumni Finance shall be from:
  1. Membership (Alumni) fee to be decided by Senate and Council from time to time at the time of graduation.

  2. Subscription fees payable annually to be determined by the Annual General Meeting from time to time.

  3. Registration fees for participation in the annual events to be determined by the Executive committee from time to time.

  4. Donations and contributions from friends and well-wishers.

  5. Revenues earned from investments e.g. fundraising (harambees) grants, advertisements, interest in stocks, shares and bills and business.
(b) Expenditure
  1. Any expenditure of funds in excess of the provisions of the budget approved by the committee shall have to be approved by the DVC (R&E).

  2. All moneys received for the purpose of MUAA must be applied with thrift and stewardship to provide maximum benefit to MUAA.

  3. The funds of the Alumni shall be used only for activities in furtherance of the objectives of the Alumni.

  4. All monies shall be received by and paid to the Alumni Officer who shall deposit to any of the bank(s) approved by the committee.

  5. All financial transaction shall be entered into the books of account that shall be availed to the auditor.

  6. No payment shall be made out of the bank account without a resolution of the Management Board authorizing such payment and all cheques on such bank account.

  7. A petty cash account shall be maintained by the Alumni Officer for disbursement.

  8. Audited financial report shall be submitted in writing by the Treasurer to the Executive Committee for examination and finally to the Annual General Meeting for approval.

    SIGNATORIES OF THE MUAA ACCOUNT:

    MUAA account may, subject to approval by the finance and investments committee, operate any type of bank account for convenience and profitability, but in any event the signatories shall be:

    1. Chairman

    2. Treasurer

    3. Alumni officer.

    BOOKS OF ACCOUNT

    All financial transactions shall be entered into books of account that shall be availed to the Moi University Auditor

    AUDITING OF BOOKS OF ACCOUNTS
    1. The accounts of MUAA shall be audited by the Moi University Internal Auditor at least four weeks before the A.G.M

    2. The books of account and balance sheet shall be approved by the finance and investment parliamentary committee and presented to the auditor who shall make a report for consideration by the executive committee

    3. The audited accounts and balance sheet shall be published after approval by the executive committee not later than seven calendar days before the A.G.M.

    FINANCIAL BENEFITS TO MANAGEMENT BOARD

    The financial allowances and benefits to the Management Board would be determined provided, however, that such determination shall be approved by the DVC (R&E) and such determination is based on evidence of sustainability of MUAA.


  9. The audited accounts along with the Auditors report will be circulated to the members of the Alumni not later than two weeks before the Annual General Meeting.

  10. The financial year of the Alumni shall be from 1st July, to 30th June.

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ARTICLE 14:            DISCIPLINE



  1. For purposes of this constitution, discipline shall mean compliance to the rules of proper conduct as embodied in this constitution, by-laws and any other rules as shall be formulated from time to time by the relevant authority and the Moi University Act.

  2. Discipline among members in the conduct of the affairs and operations of MUAA shall be enforced by the Executive Committee.

(a) Composition of the Disciplinary Committee

The Executive Committee shall appoint disciplinary committee made up atleast three members of the Executive Committee and two ordinary members to determine measures to be taken against errant members.

(b) Offences

The following shall constitute offences:
  1. Negligently refusing to attend meetings.

  2. Portrayal of disruptive or unruly behaviour in meetings.

  3. Conduct likely to bring the Alumni into disrepute or prejudice the well being of the Alumni activities, services or facilities.

  4. Withholding or embezzling or misappropriation of Alumni funds

TRANSITIONAL ARRANGEMENTS

  1. All rights, duties, obligations assets and liabilities of MUAA EXISTING IMMEDIATELY BEFORE the adoption of this constitution shall be deemed to be transferred to MUAA upon adoption of this constitution.

  2. This constitution will come into force immediately it is approved subject to the provisions of these arrangements.

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