THE CONSTITUTION

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WATAMU BEACH CURIO

OPERATORS

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1. NAME OF THE GROUP
1) The name of the group shall be Watamu Beach Curio Operators.

2. ADDRESS OF THE GROUP

1) Physical Address: Watamu Beach
2) Post Office Address: P. O. BOX 478, Watamu.

3. OBJECTIVES OF THE GROUP

1) _____________________________________________________________________
2) _____________________________________________________________________
3) _____________________________________________________________________

4. MEMBERSHIP AND ELIGIBILITY

4.1. Membership
1) Members shall be Kenyan citizens aged 18 years and above and committed to the
objectives of the group.
2) Membership shall be open to anyone without regard to gender, tribe, disability or
religion.
3) A member shall be required to pay a non-refundable registration fee of KShs. 600.
4) A new member wishing to join the group must be vetted and approved by majority
members.
5) A member must be of sound mind.

4.2. Cessation of Membership

A person shall cease to be a member of the group if:
1) He/she: Dies, resigns by giving a one-month notice, is certified to be of unsound mind by
a recognized medical practitioner.
2) Fails to attend six (6) consecutive meetings without giving substantial reasons.
3) Fails to pay savings/contributions for (6) consecutive months.
4) Any member who resigns or is expelled from the group shall ONLY be entitled to a
refund of eighty five percent (85%) of his/her savings/contributions. If the member took a
loan, it shall first be recovered from the savings/contributions.

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4.3. Monthly Contribution and Fines
1) All members shall be required to remit monthly savings as agreed by members.
2) Any member who misses a meeting without giving an apology or a valid reason shall be
charged a fine as agreed by the members.

5. COMPOSITION OF OFFICE BEARERS

The office bearers shall comprise of the following: Chairperson, Vice Chairperson,
Secretary, Vice Secretary, Treasurer and 2 members.

6. DUTIES OF OFFICE BEARERS

6.1. Chairperson
1) Shall be the Spokesperson/Public Relations Officer of the group.
2) Shall preside over all group meetings.
3) Shall ensure the rules and regulations of the group are followed.
4) Shall seek for external support/funds for the group.
5) Shall guide and foster the activities and successes of the programs.
6) Shall be a signatory to the group bank account.

6.2. Vice Chairperson

1) Shall deputize the Chairperson, and performs the duties of the Chairperson in his/her
absence but shall not be a bank signatory.

6.3. Secretary
1) Shall call and convene meetings in consultation with the chairperson.
2) Shall keep all records of the meetings and inventories.
3) Shall write all the official letters and maintain all correspondence to and from the group.
4) Shall be the custodian of all non-financial documents.
5) Shall be a signatory to the group’s bank account.

6.4. Vice Secretary

1) Shall deputize the Secretary, and perform the duties of the Secretary in his/her absence
but shall not be a bank signatory.

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6.5. Treasurer
1) Shall make sure all monies due for banking is done within 48hrs from the time collected
or received.
2) Shall present audited accounts and financial reports at Annual General Meetings.
3) Shall prepare, keep proper books of accounts and make them available for inspection by
those authorized to do so.
4) Shall be a mandatory signatory to the group’s bank account.

6.6. The Two Members

1) Shall execute any duties that may be assigned to them by the Management Committee.

7. ELECTION OF OFFICE BEARERS

1) Election of office bearers shall be held after every one (1) year.
2) By-elections shall be held in case of death, incapacitation, voluntary or compulsory
withdrawal of an office bearer.
3) The method of electing officials shall be agreed by majority members during the AGM.
4) All the general elections shall be presided over by a representative of the Directorate of
Social Development.
5) Handing over shall be done within 14 days after the election has been held. This shall be
in a meeting attended by both incoming and outgoing officials with all the relevant
documents required to be handed over.

8. GROUP FINANCES
8.1. Bank Account of the Group
1) The name of the bank account shall be the name of the group.
2) The group shall open a bank account of their own choice with any recognized financial
institution
3) The bank signatories shall be:
(a) The chairperson
(b) The secretary
(c) The treasurer
NB: Two of the bank signatories can do bank transactions but the treasurer MUST is
mandatory.

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4) Any withdrawal of funds from the bank MUST be as per the budget approved by majority
members of the group during a meeting.

8.2. Sources of Funds

Member’s contributions, fines, grants from government, donations from development
partners, fund raising among others.

8.3. Inspection of Group Accounts

1) This constitution compels the treasurer to avail the books of accounts for inspection on
receiving a notice of 7 days in writing from the Management Committee.
2) The group shall have powers to suspend, prosecute in court of law or expel any member
of the group who is not properly accounting for the funds or property entrusted to
him/her.

8.4. Audits
1) An auditor shall be appointed for each financial year during the Annual General Meeting
(A.G.M). All accounts and records of the group shall be opened for inspection to the
auditor. The treasurer shall produce an account of receipt, payments, statement of
assets and liabilities made up to date.
2) A copy of the auditor’s report on accounts and statement shall be furnished to all
members of the group at the same time as the notice convening the A.G.M is sent to the
members.
3) The auditor shall be paid such honorarium for duties undertaken as may be agreed by
the members of the group.
4) No member shall be an auditor of the group.

9. RECORD MANAGEMENT
The group will maintain the following records: Membership Register, Minutes Book, Cash
Book, and Asset Register among other important documents.

10. GROUP MEETINGS

Every member shall be required to attend all meetings of the group.
1) Monthly Meetings. The meetings shall be done on monthly basis. The venue and
agenda shall be communicated by the Secretary.

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2) Special/Emergency Meetings. They shall be called at any time in case of an emergency
or any special matter which needs to be discussed.
3) Annual General Meetings. The group shall hold an annual meeting not more than 12
months.
The agenda will be:
(a) Progress report.
(b) Financial report.
(c) Election of office bearers (if the tenure of office has expired).
(d) Emerging Issues
4) Quorum of members during meetings shall be at least two thirds (2/3) with an exception
of emergency meetings.

11. DISPUTE RESOLUTION

11.1. The Dispute Resolution Committee
There shall be established a Dispute Resolution Committee comprised of office bearers and
the committee members whose tenure of service shall be similar to that of the office
bearers.

11.2. The Roles and Responsibilities of the Dispute Resolution Committee

(a) Investigate and resolve all disputes referred by members of the group.
(b) Ensure that all members understand how decisions will be made to resolve the dispute.
(c) Advice, comment and ensure discipline matters are as perceived in the constitution.
(d) Keep records of member’s indiscipline.

11.3. Procedure for Dispute Resolution

In the event that a member has a complaint about the actions of other member(s) within the
group, the following guidelines should apply:
1) The aggrieved member should communicate directly with the member(s) whose actions
are the cause of the conflict. The member(s) should reasonably expect to know if their
behavior or their decision is a problem for the other member.
2) If the circumstances are such that the member with a complaint is unable or unwilling to
communicate directly with the member(s) whose actions are the cause of the conflict,
either for fear of it going badly, or of reprisal, the help of the Dispute Resolution
Committee should be sought.

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3) The complaint should be communicated in writing and a meeting organized within 14
days to resolve the dispute.
4) In the circumstances where it is the action of one of the members of the Dispute
Resolution Committee that is the reason for the conflict, the conflict shall be addressed
as indicated below:
(a) The accused shall be required to step down from his/her position until the dispute
is heard and resolved expeditiously.
(b) On receipt of the complaint, the Dispute Resolution Committee shall:
i. Investigate the facts and circumstances of the dispute;
ii. Request for such documents as may be necessary to ascertain the facts and
circumstances of the dispute, and;
iii. Call for a dispute resolution meeting to hear and determine the dispute
expeditiously.
iv. In case the dispute is not resolved, it will be referred to the Sub-County Social
Development Committee for hearing and determination.
5) Any external dispute arising out of any of the provisions of this constitution, which cannot
be resolved through negotiation by the parties involved shall be referred to the Sub-
County Social Development Committee for hearing and determination.
a) An errand member of the group who doesn’t adhere to the rules and regulations
of the group shall be fined, suspended or expelled from the group.

12. AMENDMENT OF THE CONSTITUTION

1) Amendments to this constitution MUST be supported by at least two thirds of members
present during the meeting. However, they cannot be implemented without prior consent
in writing to the Sub-County Social Development Officer.
2) Voting for constitution amendments shall be by a show of hand.

13. INDEMNITY
1) The group shall pay all pre-approved costs and expenses, which any such member may
incur through a contract or deed done in the discharge of his/her duties in good faith on
behalf of the group.
2) A member of the group shall be liable for loss or damage occurring in the execution of
his or her duties if it arises as result of the individual member dishonesty, or failure to
follow the rules and regulations of the group constitution.

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3) The ordinary members shall not be liable for any default by the office bearers occurring
as a result of expenditure over and above approved budgets, or by fraud or theft, and
shall prosecute such violations.

14. DISSOLUTION OF THE GROUP

1) The group shall not be dissolved except by a resolution of at least two thirds of members
at a Special Meeting (intended for that purpose).
2) If no quorum is obtained, the proposal to dissolve or wind up the group shall be
submitted to a further meeting which shall be held not later than one month.
3) Notice of the meeting shall be given to all members at least 14 days before the date of
the meeting. The quorum for the second meeting shall be the number of members
present.
4) However, no dissolution shall be made without notifying the Sub-County Social
Development Officer in writing.
5) When dissolution of the group has been approved by the Sub-County Social
Development Officer, no further action shall be taken by any member in connection with
the aims/objectives of the group.
6) Subject to payment of all debts incurred by the group, the balance thereof shall be
distributed in such other manner as may be resolved during the meeting at which the
resolution for dissolution is passed.

15. COMMITMENT CLAUSE

Members unanimously endorsed this constitution by appending their signatures.