THE CONSTITUTION OF
SHEPHERDS IN THE
VINEYARD
COMMUNITY BASED
ORGANIZATION
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TABLE OF CONTENTS
1. ARTICLE 1: NAME OF CBO.
2. ARTICLE 2: OBJECTIVES.
3. ARTICLE 3: MEMBERSHIP.
4. ARTICLE 4: CBO VALUES.
5. ARTICLE 5: GROUP ACTIVITIES.
6. ARTICLE 6: GROUP ASSETS
7. ARTICLE 7: INDEMNITY.
8. ARTICLE 8: RIGHTS AND DUTIES OF MEMBERS.
9. ARTICLE 9: OFFICE BEARERS AND THEIR DUTIES
10. ARTICLE 10: FUNDS
11. ARTICLE 11: GENERAL MEETING.
12. ARTICLE 12: PROCEDURES AT MEETINGS
13. ARTICLE: 13. AMENDMENTS OF THE CONSTITUTION
14. ARTICLE: 14. DISSOLUTION OF THE CBO.
15. ARTICLE 15. ARBITRATION
16. ARTICLE 16: COMMITMENT CLAUSE
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ARTICLE: 1 NAME OF CBO
i.Name : SHEPHERDS IN THE VINEYARD
ii. Address: P.O. Box 30848, Nairobi
iii. Physical address: Buruburu, Phs.3 Sonko Road.
iv. Area of operation: Nairobi
ARTICLE: 2 OBJECTIVES
I. Economic empowerment
ii.To improve the wellbeing of individual members for better future.
ARTICLE: 3 MEMBERSHIP
3.1.i. Every member shall be required to pay shs. 500 for registration which is
non- refundable.
ii. Members shall pay shs.1000 monthly as their savings.
iii. Members' spouses become automatic members and next of kin’s.
3.2. For one to be a member of this CBO must be above 18 years.
3.3. Application of membership shall be made in writing to the secretary of the
CBO.
3.4. All applications shall be placed before the committee officials, which may
accept the application or reject with sufficient reason therefore provided that its
decision shall be subject to ratification by general meeting and provided that no
applicant shall be admitted unless such payment has been received, entrance and
membership fee or any other fees as shall be prescribed by the by-laws.
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3.5. In addition to membership of the CBO, the secretary of the CBO shall cause
each member to sign the register of application which acts, shall constitute an
acceptance by the members of the bidding nature of the by-laws of the CBO.
3:6. Any member desiring to resign from the CBO shall submit a resignation letter
to the secretary, which takes effect from date of receipt by the secretary of such
notice.
3.7. Any member desiring to resign or be removed from membership shall be
entitled to refund But with 5% less of his/ her entire total savings.
3.8. Any member may be expelled from the membership if the officials
recommends and if a general meeting of the CBO resolves by a two third (2/3)
majority of the members present that such member be expelled on the ground
that his/her conduct has adversely affected the reputation or divinity of the CBO,
or that he/she had contravened any of the provisions of the by-laws of the CBO.
3.9. Membership of the CBO shall cease with effect from the date a member:a. Ceases to hold qualification for membership under by-laws 3.1, 3.2 and 3.3
whichever is applicable.
b. Being expelled from the CBO as provided for under by-laws 3.8.
ARTICLE:4 CBO VALUES
1. Serving others with integrity.
2. Exercising honesty.
3. Learn with humility.
4. Courage and persistence.
ARTICLE 5: GROUP ACTIVITIES
1. Crop Farming
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ARTICLE 6: GROUP ASSETS
1.All assets shall belong to CBO group; no individual member shall own anything
unless authority by members on a unanimous agreement.
2. On dissolving the group, the members will agree on the best modalities on
sharing the group's assets.
3. No member shall be allowed to own group's assets or properties.
4. To administer or obtain properties or assets of the CBO for the benefit of the
members and when possible the community.
ARTICLE 7: INDEMNITY
1.Every member shall be in a position of protection when undertaking any activity
permitted by the group.
2. No member is allowed to undertake any activity without the group's
authorization or permission.
3.Office bearers or members of the CBO will only be liable for loss or damage
occurring in the execution of his or her duties if it arises as a result of dishonesty,
or the failure to exercise the degree of care, diligence and skill required by the
law.
4. No member of the CBO shall be liable for the Acts, receipts, neglects or defaults
of any other member or office bearer.
5. The CBO shall be in a position to pay all costs and expenses which any such
person may incur through a contract or a deed done in the discharge in good faith
of his or her duties on behalf of the CBO.
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ARTICLE: 8 RIGHTS AND DUTIES OF MEMBERS
Subject to provision of these by-laws members shall have the duties: a. Shall not be personally responsible for the obligation of the CBO.
b. The duty to pay full membership fees.
c. The duty to abide by all decisions made under these by-laws.
d. The right and duty to take part in all CBO activities and enjoy all facilities of the
CBO.
e. The right to vote in election to any office per to these by- laws.
f. The right to be appointed or nominated as an observer or representative of the
CBO in any meeting, Seminar and activities in which the CBO participates.
g. The right to access to the CBO's facilities including books of accounts after
giving notice of not less than seven (7) days to do so.
ARTICLE 9: OFFICE BEARERS AND THEIR DUTIES
THE CHAIRPERSON
a. The chairperson shall unless prevented by illness or other sufficient cause,
preside over all meetings of the committee and all general meetings.
b. Shall be the executive and the spokesperson of the CBO.
c. Shall be a signatory of all financial transactions.
THE VICE CHAIRPERSON
a. Shall assist the chairperson in all matters concerning the association as directed
by the committee.
b. Shall perform duties of the chairperson in his/her absence.
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THE SECRETARY
a. Shall deal with all the correspondence of the CBO under the supervision of the
committee.
b. In case of urgent matters where the committee cannot be consulted he/she
shall consult the chairperson or if he/she is not available, the Vice Chairperson.
Any decisions reached shall be subjected to ratification or otherwise at the next
meeting.
c. Shall issue notices convening meeting of the committee and all general
meetings of the CBO.
d. Shall be responsible for keeping minutes of all such meetings and for the
preservation of all records of the proceedings of the CBO. e. Shall be witness to
financial transactions.
THE ASSISTANT SECRETARY
a. Shall perform duties of the secretary during his/her absence.
b. Shall be witness to all financial transactions.
THE TREASURER
a. Shall receive and also disburse under directions of the committee all monies
belonging to the CBO and shall receipt by him/her and preserve vouchers for all
monies received by him/her.
b. Shall be responsible to the committee and the members to ensure that proper
books of accounts of all monies received and paid by the CBO are written up
available for inspection.
c. Shall prepare or cause to be prepared a financial statement which shall be
presented to all CBO's Annual General Meeting.
d. Shall be mandatory signatory to all CBO financial transactions.
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OTHER TWO MEMBERS;
a. They will facilitate and assist all the functions of the CBO.
b. They will act on behalf of the committee officials on permission or
appointment.
ARTICLE 10: FUNDS
10.1. The CBO shall derive its funds from registered fees, monthly subscription,
fund drives, kind contributions, sales from CBO income generating activities e.g.
agricultural products, grants, loans, donations from well-wishers and donors.
10.2 The group funds shall be kept in the organization's bank account.
10.3 The treasurer shall be allowed to keep liquid cash which shall be agreed and
authorized by members.
10.4. The group funds in the bank can be withdrawn by the two of the three
signatories or all. i.e chairperson and secretary, secretary and treasurer.
10.5. Members shall approve in minutes the amount to be withdrawn from the
bank account.
10.6. The committee shall have power to suspend any office bearer who it has
reasonable cause to believe is not accounting for any funds or property of the
CBO.
ARTICLE 11: GENERAL MEETING
11.1. There shall be two classes of general meeting: Annual General Meeting and
Special General Meeting.
11.2. The General Meeting shall be held not later than 31st December the
following year.
11.3. Notice to such a meeting accompanied by the agenda for such meeting shall
be sent to all members not less than twenty one (21) days before the date of the
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meeting and where practicable, by press advertisement (if need be) not later than
fourteen days (14) days before the date of the meeting.
11.4. The agenda of the Annual Meeting shall consist the following;a. Confirmation of the minutes of previous General Meeting.
b. Chairperson's report.
c. Consideration of the accounts.
d. Such other matters as they may decide on as to which notice shall have been
given in writing by member (s) to the secretary at least four (4) weeks before
the date of the meeting.
e. Any other business with the approval of chairman.
11.5. A special general meeting may be called for any specific purpose by the
committee. Notice in writing of such meeting shall be sent to members not less
than seven (7) days prior to such meeting.
11.6. Quorum for the general meeting shall not be less than half of the registered
members of the CBO.
11.7. The supreme authority of the CBO shall rest in the General Meeting of the
members which shall be held every year or such other occasions as may be
deemed necessary in accordance with these by-laws.
ARTICLE 12: PROCEDURES AT MEETINGS
12.1. At all meetings of the CBO, the chairperson, or in his/her absence the vice
chairperson, or in the absence of these officers, a member selected by the
members shall take the chair.
12.2. The chairperson may at him/her description limit the number of persons
permitted in favor or against any motion.
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12.3 Resolution shall be adopted by simple voting by show of hands. In case of a
tie in vote, the chairperson shall have a second and last vote.
12.4. All minutes and decision reached shall be recorded by the secretary.
ARTICLE 13: AMENDMENTS OF THE CONSTITUTION.
13.1. Amendment of the constitution and rules shall be approved by two thirds
(2/3) of members at a general meeting of the CBO. The amendments shall not be
implemented without prior consent in writing to the Sub County Social
Development Officer obtained upon application to him/her made in writing and
signed by three (3) officials of the CBO.
ARTICLE: 14 DISSOLUTION OF THE CBO.
14.1. The CBO shall not be dissolved except by a resolution passed at a general
meeting of members by a vote of two thirds (2/3) of the members present. If a
quorum is not obtained, the proposal to dissolve the CBO shall be submitted to
further general meeting which shall be held one month later. Notice of the
meeting shall be given to all members of the CBO at least fourteen (14) days
before the meeting.
The quorum of the meeting shall be the number of members present.
14.2. Provided however that no resolution shall be affected without prior
permission in writing and signed by three (3) of the group officials.
14.3. When the dissolution of the CBO has been approved by the registrar, no
further action shall be taken by the committees or any office bearer of the CBO. In
connection with aims of the group other than to liquidate for cash, all the assets
of the CBO and the balance therefore shall be distributed in such other manner as
may be resolved by the meeting at which the resolution of dissolution is passed.
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ARTICLE 15. ARBITRATION
15.1. Any dispute arising out of these by-laws or concerning the business of the
CBO which cannot be solved or settled by the committee or general meeting shall
be referred for arbitration in accordance with the arbitration Acts of the laws of
Kenya.
ARTICLE 16: COMMITMENT CLAUSE
After going through the constitution we have agreed and committed to It's
content.
We therefore accept and hereby agree to commit ourselves to, and to abide by all
of the provisions contained in the Constitution and By-laws of the CBO.
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MEMBERS LIST FORM
no Names
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POSITION
IDNO:
SIGN
REV.DOUGLAS
MANGALE KENGA
REV. HEZRON KULOLA
MWANZOYA
PST .CALEB OUMA
OMULLO
PST .AGREY MAKOKHA
REV.PAUL WACHIRA
WANJOHI
REV.GEOFREY
MACHARIA
REV. SIMON MALUSI
PST.BONFACE OJUKU
DEBA
REV.PETER MWAURA
KARANJA
PST. SOLOMON MUGO
PST.PAUL SITINI
PST.JOSEPH MWANIA
PST.NICHOLAS
MBINDA
14 BISHOP .JOHN WAKA
CHAIRMAN:_________________________ sign:_________________________ date:________
SECRETARY:__________________________ sign:_________________________ date:________
TREASURER:__________________________ sign:__________________________date:_______
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