THE CONSTITUTION OF THE WAKENYA ASSOCIATION IN ITALY

Preamble

We, the Kenyans living in Italy, find it worthwhile to be united. Thus, we resolve to form an organisation housing all the Kenyans in Italy. The Association will seek to unite all Kenyans, foster unity of purpose and promote the well being of its members.  

Our driving force is the fact that we are Kenyans first before we belong to other groupings. In this regard we shall at all time hold events or activities that appertain to Kenyans as matters of priority, respecting all the lifestyles of Kenyans in Italy..

Finally, our greatest emphasis lies on the well being of each member regardless of their political, ethnic, or religious affiliations. We esteem to be guided by the fact that ‘together we can’.

ART 1-Name, contacts and composition

This Association will be sited officially as: “Wakenya Association in Italy” in all languages.

The official address of the Association will be:
Wakenya Association in Italy,  C/o Kenya Embassy, Via Archimede, 164 -- 00197 ROME

ART 2- Aims and goals of Wakenya Association in Italy.

This Association will:

• Aim at uniting all Kenyans in Italy. It will seek to co-ordinate their activities and events in Italy and in Kenya if any.

• Will engage in Cultural, Patriotic, Spiritual and Social events that are  of interest to Kenyans in Italy.

• Seek to give Moral, Spiritual and Material support to its members especially in times of need.

• Will enter into relationships with other organisations, governmental and non for the benefit of its members.

ART 3-Registration of  Wakenya

In order to carry out its roles efficiently and productively, the Association will be registered with the relevant Italian and Kenyan authorities, including the Italian Ministry of Finance, Italian Chamber of Commerce and the Italian Ministry of Foreign Affairs, Kenyan Ministry of Foreign Affairs and Kenya  Embassy in Rome.

ART 4-Registration to Membership

Persons willing to join will register by providing personal information on a form designed by the Association.

Upon registration, individual members will be required to pay up an annual registration fee. The registration fee will be established by the Annual General Meeting:

Persons who have registered with the Association of Kenyans in Italy (AKI) and who have completed their registration fee of Euro 20,00 by the 17th of January 2009 will not be required to pay further registration fee on joining Wakenya.

Persons who have registered with the Association of the Clergy, Religious and Laity in Italy and who have completed the annual fee of Euro 21,00  for the year 2009-2010 by the 17th January 2010 will not be required to pay further  registration fee on Joining Wakenya.

Before registration, interested persons will be required to go through this constitution and agree to abide by it by signing the registration form.

There  will be an annual contribution of Euros 10,00 from all registered members.
Honorary Members: Wakenya will allow registration of Non-Kenyans who are friendly to Kenyans and to Kenya. Such members will pay the required registration fee and participate in all affairs and events of the Association.

ART.5  Wakenya’s Relation To The Public And Private Institutions

Wakenya will endeavour to open relations with private persons, public and private organisations within and out of Italy for the benefit of its individual members.

Exchanges, initiatives and follow-ups with a given entity will be done by leaders of the Association  in the light of this constitution and its future modifications.

ART.6 Activities and events of Wakenya

There will be the following Annual events:

1. Annual General meeting in the month of May.
2. The Madaraka day festivity on or around 1st of June.
3. The Jamhuri day celebrations on or around the 12th of December.
4. Two interdenominational  prayer meetings.
5. Farewell parties for departing members.
6. Annual trip to any part chosen by members.
7.The AGM may plan on any other event.

Art 7.  Leadership Titles, Duties of leaders, terms of office, and elections

There will be the following offices in the Association:

A. Chairperson

He/she will be the legal/moral representation of the Association in all its formal/informal, public and private deals.
He or she will co-ordinate the other offices.
He or she will convoke and preside over the assemblies as foreseen by this constitution.
He or she will announce the Association initiatives.
He or she will be in constant communication with each individual member for the benefit of Wakenya.
He will nominate persons to act in a vacant office until the next AGM. This nomination will however be subject to approval by the Executive committee.
He or she will initiate communications and collaboration with other organisations and entities.

B. The Vice Chairperson

He or she will collaborate closely with the office of the chairperson.
He/She will coordinate the works of the executive  members’ meetings.
He or she will handle all the matters of the Association if delegated by or in the absence of the chairperson.

He or she will make a key cell in the deliberation of the executive as meetings.
He/she may perform other duties delegated by the chairperson.

C. The Secretary

He /she will be in charge of the organisation’s documents, records and  archives.
He / she will collect any relevant hard or electronic information and archive it.
He/she will take minutes in the assemblies of the Association, compile them and forward the   same to the chairperson.

He/she will read the minutes to the proper assemblies before archiving them for reference.
He/ she will register new members.
He/or she will be a key member in the deliberation of the Association.
He/she will make official communications to members.
He/she will give or cause to be given notice of Executive or General meetings and circulate the agenda before meetings .

He/she will keep records of attendance to various assemblies.

D. The Publicity Secretary

He/ she will collaborate with the secretary in all the functions of the his/her office.
He /she will head committees dealing with social and cultural activities of the Association.
She or he will constantly update the member’s list and avail the same to the other Wakenya officials.
4. He/she will make official communications to members.
5.  She or he may be assigned some roles by the secretary. This will be brought to the attention of the chairperson, other officials and members.

She or He will be in charge of the inventory, updating it as necessary and reporting any changes to the Executive and to the membership where necessary.

E. Financial Officer.(F.O)

He/she will be central in all matters touching on the common funds.
He/ she will collect any contributions to be done.
He/ she will make any payments for goods or services rendered to the Association.
He/she will make any payments to members as foreseen by this constitution.
He/she will have at all times a detailed financial report in regard to common funds and will present the same at all executive and general assemblies.
He/she will keep an updated inventory of the Association and hand over to his or her successors.
Any expenditure of the common funds will require a written approval from the chairperson or the vice chairperson if the former is absent or incapacitated.
He/she will man documents and records of the Association’s account.
While being the official under whose direct responsibility the common account falls, he/she will be a signatory to the same account together with the Chairperson and the Secretary.

ART. 8 Elections Into The Office And Term Of Office

Leadership of the Association is a common responsibility. All members are called upon to carry out their duties in a spirit of collaboration, co-responsibility and mutual respect. Thus, all members are called upon to promptly take up any office if requested to do so be it by the temporal nomination by the Chairperson or by elections.

1. Any member of Wakenya above 22 years of age is eligible into any office above if they fulfil the following:

Be a registered member.
Have shown interest, determination and zeal in the matters of the Association.
Preferably computer literate.
Available for the matters of the Association.
Fluent in English/ Kiswahili or both.

2. No more than one position may be held by any one individual.
3. Term of office is two years.
4. A person may be elected into leadership for only two consecutive terms.
5. There will be elections every 2 years.

ART 9. Elections

At the beginning of election session, the outgoing chairperson will declare all the offices vacant.
The outgoing secretary will then read out openly to the whole assembly the section of this constitution regulating elections.
Elections will be done by secret ballot. For every office, members will be called upon to propose three candidates, upon whom the members will pick one via secret ballot.
Only registered members will vote.
The leader taking office must have obtained 50% plus at least one of the total votes casted.

ART. 10.  Removal from office

Section 1. Impeachment

Grounds for impeachment will include:

Serious misuse of position
Embezzlement of funds.
Serious breach of this constitution including failure to perform in the office entrusted.
Any office bearers may be impeached and or removed from the office if any member/ officer may bring up charges, providing evidence, against any official.
The charges will then be discussed at an executive committee. If necessary, the Chairperson may suspend the affected official temporary from carrying out his/her roles until the issue is settled by the Executive. The period between suspension and complete settling of the issue may not extend beyond 30 days.
If need be, the same may be discussed at a special general assembly. A quorum is required for a vote of no confidence.  A 50% plus at least one vote will be required in order to remove the affected official from office.

Section 2.  Vacant office

The resignation of a chairperson will be presented to the Executive meeting while the resignation of other officials will be handled by the chairperson.
The vacancy of the chairperson will be filled by the Vice chairperson for the rest of the term. This is valid even if the chairperson is incapacitated or dies.
An office bearer may resign by submitting a written  letter of resignation to the chairperson at least two weeks prior to the day it is to take effect unless.
Any vacancy in the Executive Committee will be filled by an appointee of the Executive committee.

ART. 11  Management of The Funds

The capital of this Association will mainly be nourished by the members’ contributions. Other sources will be explored and exploited for the benefit of the members.

The registration fee will be mandatory. It will be the responsibility of each member to make sure that common funds are handled with care and in accordance to these statutes.

The Association will run a bank account to be opened at the Italian post office where all the funds will be deposited and run from. Other branch accounts may be opened at other places with the approval of the  Executive committee.

The signatures of the chairperson, secretary and the treasurer will be deposited at the bank and at least two of them will be required in order to move funds or transact business in the name of the Wakenya.
Members or any other benefactors will be encouraged to make payments directly to this account.
For each entry into this common account, an official receipt will be issued.

The treasurer will publish annual financial reports including members’ contributions. This will be distributed to all members.

Decisions on how to make the use of common funds will be made by the AGM. The Executive Committee may however approve expenditures on stationeries, preparations of assemblies, small gifts to members, short local travels and communication allowances. (not exceeding Euro 150,00).

There will be an official receipt for each payment done to the Association. Members are to conserve such receipts well during their lifetime as members of Wakenya. Members who go out of Italy indefinitely and who would like to terminate their membership will hand in all the receipts ever issued to them by Wakenya.

ART.12 Welfare section of Wakenya

1.  Objectives

To enable Wakenya give full Moral, Spiritual and Material  support to its members, there will be a welfare section of the Association.

Joining this section of the Wakenya will be optional but highly recommended to all Members joining this section of Wakenya will be required to make a monthly contribution which stands at Euro 10,00 as at 17th Jan. 2010. The Monthly contribution is payable to the official incharge, or directly to the Welfare’s account at the post office. Monthly Contributions for welfare purposes must be paid on or before the 10th of each month. Members who pay after such a date will be penalised. The penalty   will be decided upon by the AGM.

2. Beneficiaries of the savings at the Welfare account

The Association will exist for the benefit of its members. Members are all those registered in accordance to this section and its future modifications or reviews.

Members registered with the welfare section may ask for assistance:

a). If they are critically ill and they need to make some medical expenditures as they are unable to cover on their own, especially due to prolonged period of sickness and unemployment.
b)  If one or both of the parents here in Italy or in Kenya passes away. A member  whose father or mother is critically and terminally ill may ask for assistance especially if the same member plans to travel to be with the sick parent. Such member may not ask for further assistance if the same parent passes away, unless a period of twelve months has passed from the time the member asked to be assisted due to the sickness of the same parent.
c)  If their spouse passes away in Italy or in Kenya. A member whose spouse is critically and terminally ill may ask for assistance especially if the same member plans to travel to be with the sick spouse in Kenya. Such a member may not ask for further assistance if the same spouse passes away unless a period of twelve months has passed from the time the member asked to be assisted due to the sickness of the same spouse.
d) If a son or daughter of a member passes away here in Italy or in Kenya. A member whose son or daughter is critically and terminally ill may ask for assistance especially if the same member plans to travel to be with the sick son or daughter in Kenya. Such a member may not ask for further assistance if the same son or daughter passes away unless a period of twelve months has passed from the time the member asked to be assisted due to the sickness of the same son or daughter.
e)  If a brother or a sister of a member dies in Italy or in Kenya.

ii) Procedure of asking for assistance

a)  As soon as a member learns of any of the situations above described, he /she is supposed to inform the treasurer immediately on phone.
b)  The treasurer will then inform the other officials and members. She will send to the affected member RFA forms. The member is supposed to complete the forms and have them sent to any of the three officials described here above.
c)  Members are obliged to fill the forms correctly and clearly as this will be the information used in deciding how to assist him or her.
d)  If the officials feel the need, they will consult any other references here or in Kenya to verify the request and justify the financial assistance given.
e) Once the request has been approved, the member will be informed in writing and she will be required to collect the cheque/money and at the same time sign declaration of the receipt form for the purposes of record.

iii) The Amount to be given

a.  The AGM of every year will decide how much can be given to a member who asks for assistance. Currently the Welfare will assist will assist the member with twenty five percent (25%) of his or her total contributions.
b.  There will then be an Emergency contribution. Every member registered with the welfare section will be required to make an emergency contribution to assist the affected member. The Emergency contribution (EC) stands at  Euro 15,00 as at 17th Jan. 2010.
c.  Those who cannot for any reasons be able to give the money to the treasurer within the time available will request that their EC be taken from the Association’s account. They will then pay up the amount to the Association before expiry of one month. This will enable the affected member to travel or make use of the money within practical times.
d.  To enable the welfare section keep records, official receipts will be issued for  every EC received.
e.   After receiving a request of assistance from a member, the association may ask for assistance from other persons or entities to assist the same member. All the money this way gained will be given to the member . A receipt will be written for the total of the amount this way collected, and it  will be issued to “EC others.”
f.   The Welfare section  may organize event(s) aimed at assisting an affected member.
iv). Conditions
1. Before asking for financial assistance, a member must:
a)  Be registered with Wakenya and with the Welfare section.
b)  Have completed paying all the registration fee required by this constitution.
c)  Completed all the monthly contributions required by this constitution. A member may however
ask for assistance if she or he has not paid monthly contribution of the month in which she is  
asking for assistance.
d) Have completed paying all the EC previously required.
d) Completed paying all the fines that may have been required of him/her.
e)  Completed any other payments ever required by the Association.

2 .  Members who go out of Italy indefinitely:

A member who terminates his/her stay in Italy and who has not asked for any assistance duringhis/her lifetime as a member of the welfare section of Wakenya, will claim and be paid all the contributions that she/he has ever deposited with the section.

Such members will be required to hand in all the receipts ever issued to them by the Association.

ART. 13 Meetings of The association

AGM (Annual general meeting): There will be an Annual General Meetings in a year.
EGM (Emergency General meeting): The chairperson in consultation with the Executive committee may convoke an EGM if need be.
EM: (Executive meeting): Executive meetings will be held frequently preferably once a month.
Attendance to these meetings is obligatory and failure to be present without prior information will attract a penalty to be decided by AGM of each year.
Notifications for these meetings will be done in letters, short phone messages, email and by word of mouth.
A quorum of about 50% of the registered members shall be required to have any of the meetings.

Art . 14. Constitutional Amendment

Proposals to amend the constitution shall be by writing to the executive who shall take upon it to communicate the same to the members.
A 2/3 majority is required to amend any section of this constitution.

Art 15. Decision making

Every decision shall be based upon deliberation for consensus..

ART. 16 Omissions

Any issues not addressed by this constitution will be addresses to in accordance with the Italian code, in matters regulating generic Associations.

Unity and Strength.

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