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Revised

March2015

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TABLE CONTENTS

THE CONSTITUTION OF THE STUDENTS’ ORGANISATION OF MASENO UNIVERSITY

(SOMU)

PREAMBLE………………………...………………………………………………………..……………9

CHAPTER ONE

NAME AND PURPOSE…...........................................................................................................................10

Article 1.0 Declaration.....................................................................................................................................10

Article 1.1 Registered Head Office of SOMU.................................................................................................10

Article 1.2 Interpretations and Abbreviations..................................................................................................10

Article 1.3 Objectives......................................................................................................................................10

CHAPTER TWO

GOVERNANCE...........................................................................................................................................13

Article 2.0 Introduction...................................................................................................................................13

Article 2.1 Principles and Values of Governance...........................................................................................13

CHAPTER THREEE

MEMBERSHIP..............................................................................................................................................14

Article 3.0 General...........................................................................................................................................14

Article 3.1 Cessation of Membership..............................................................................................................14

Article 3.2 Suspension.....................................................................................................................................14

Article 3.3 Corporate Membership..................................................................................................................15

CHAPTER FOUR

RIGHTS AND OBLIGATIONS OF MEMBERS.....................................................................................15

Article 4.0 Rights...................................................................................................………………….………15

Article 4.1 Obligations....................................................................................................................................16

CHAPTER FIVE

ORGANS OF ADMINISTRATION ………………………………………………………………….….16

Article 5.0 Organs of Administration..............................................................................................................16

Article 5.1 Meetings of the AGM and SGM...................................................................................................16

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CHAPTER SIX

STUDENTS’ CONGRESS.........................................................................................................................18

Article 6.0 Students’ Congress...................................................................................................................18

Article 6.1 Composition of Students‟ Congress…………………………………........................................18

Article 6.2 Elected Members of Congress.....................................................................................................19

Article 6.3 Nominated Members...................................................................................................................19

Article 6.4 Qualifications for Election to the Congress................................................................................19

Article 6.5 Disqualification for Election to Congress...................................................................................20

Article 6.6 Congress Members Rights..........................................................................................................20

Article 6.7 Director Students‟ Affairs...........................................................................................................21

Article 6.8 Recall and Vacancies in Congress…………………………………………………..………….21

Article 6.9 Functions of Congress..................................................................................................................22

Article 6.10 Regulations and Procedure in Congress.....................................................................................23

Article 6.11 Summoning Congress................................................................................................................24

Article 6.12 Dissolution of Congress.............................................................................................................24

Article 6.13 Congress Meetings.....................................................................................................................24

Article 6.14 Inauguration of Congress...........................................................................................................25

Article 6.15 Speaker and Deputy Speaker......................................................................................................25

Article 6.16 Congress Clerk...........................................................................................................................26

Article 6.17 Quorum in Congress...................................................................................................................27

Article 6.18 Responsibilities of Congresspersons..........................................................................................27

Article 6.19 Voting in Congress.....................................................................................................................27

Article 6.20 Congressional Committees........................................................................................................28

CHAPTER SEVEN

THE STUDENTS’ EXECUTIVE COUNCIL (SEC)...............................................................................30

Article 7.0 Establishment of the Students‟ Executive Council......................................................................30

Article 7.1 Composition of the Students‟ Executive Council........................................................................30

Article 7.2 Qualifications for Election to the Students‟ Executive Council..................................................31

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Article 7.3 Disqualification for Election to Students‟ Executive Council.......................................................31

Article 7.4 Executive Authority.......................................................................................................................32

Article 7.5 Authority and Responsibility of the Students‟ Executive Council................................................32

Article 7.6 President........................................................................................................................................33

Article 7.7 Vice President................................................................................................................................34

Article 7.8 Secretary General..........................................................................................................................35

Article 7.9 Deputy Secretary General.............................................................................................................36

Article 7.10 Finance Secretary........................................................................................................................36

Article 7.11 Campus Chairperson....................................................................................................................37

Article 7.12 Deputy Campus Chairperson.......................................................................................................38

Article 7.13Director of Academic Affairs.......................................................................................................38

Article 7.14 Director of Entertainment............................................................................................................38

Article 7.15Director of Sports and Games......................................................................................................39

Article 7.16 Director of Security and Accommodation...................................................................................39

Article 7.17Director of Health, Environment and Catering............................................................................40

Article 7.18Director of Gender Affairs and Cultural Heritage………………………………………….….40

Article 7.19Editor of the Students‟ Publication..............................................................................................41

Article 7.20Hall Congresspersons..................................................................................................................41

Article 7.21 School Congresspersons..............................................................................................................42

Article 7.22 Religious, Special Needs and postgraduate Congresspersons.....................................................42

CHAPTER EIGHT

STANDING COMMITTEES………………………………………………….………………………….42

Article 8.0 Functions of the Standing Committees.........................................................................................42

CHAPTER NINE

FINANCE AND EXPENDITURE…………………..……………………………………………….…...44

Article 9.0 Revenue……………………………………………………….………………………………..44

Article 9.1Collection of Revenue....................................................................................................................44

Article 9.2 Expenditure…………………………………………………………………………………..…..45

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Article 9.3Execution of the SOMU Account…………………………………………………………….…45

Article 9.4 Custody of Assets……………………………………………………………………………….45

Article9.5 Financial Year……………………………………..……………………………………………..45

Article 9.6 Annual Accounts……………………………….………………………………………………..46

Article 9.7 Audit……………………………………………………………………………………………..46

Article 9.8 Procurement………………………………..…………………………………………………….46

Article 9.9 Affiliations……………………………….………………………..……………………………..46

CHAPTER TEN

ELECTIONS AND BY-ELECTIONS…………………………………………………………………….47

Article 10.0 General Principles ……………………………..……………………………………………….47

Article 10.1 Election of SOMU Officials………………………..…………………………………..………47

Article 10.2 Composition of the Independent Electoral Commission of SOMU (IECS)……………………47

Article 10.3 Ineligibility for the Independent Electoral Commission…….………………………………….48

Article 10.4 Authority and Responsibility of the Independent Electoral Commission…..………………….48

Article 10.5 Verification panel……………………………………..……………………………..…………50

Article 10.6 Election Procedure………………..……………………………………………………………50

Article 10.7 Spoilt votes…………………………………………………………………………………….51

Article 10.8 Election Offences ……………………………………….…………………………………….51

Article 10.9 By- elections……………………………………….…………………………………..……....52

Article 10.10 Rerun of elections………………………………………………………..……..…………….53

Article 10.11 Dismissal of interim Members of the Independent Electoral Commission ………….…….....53

Article 10.12 Aborted elections…………………………………………………………..………………….53

Article 10.13 Election Petition Panel ……………………………………….……….………………………54

Article 10.14 Swearing in……………………………………………………...…………………………….54

Article 10.15 Appointment of the Editor…………………………………………………………………….56

Article 10.16 Resignation………………………………………………………………………...………….56

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CHAPTER ELEVEN

ALTERATION OF LAWS…………………………………………………………...……………………57

Article 11.0 Authority………………………………………………………………………………………..57

Article11.1 Procedure for Amendment…………………………………………………………...…………57

Article 11.2 Notice…………………………………………………………………………………………..57

Article 11.3 Procedure for Review...……………………………………………………...…………............58

Article 11.4 Resolution………………………………………………………………………...……….……58

Article 11.5 SOMU Constitutional Review Committee (SCRC)………………………...……….…………58

CHAPTER TWELVE

MISCELLANEOUS………………………………………………………………..….…………………..60

Article 12.0 By-laws and Policies……………………………………………………………………...…….60

Article 12.1 Transitional Provisions…………………………………………………………………………60

SCHEDULE I: Certificate of Good Conduct.................................................................................................62

SCHEDULE II: Code of Conduct...................................................................................................................63

SCHEDULE III: Electoral Boundaries...........................................................................................................64

SCHEDULE IV: Payment Structure...............................................................................................................65

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The Constitution of the Students’ Organization of Maseno University (SOMU) 2011.

PREAMBLE

We, the students of Maseno University,

Aware that the Students' Organization on Maseno University, was created to serve the student community in

its pursuit of academic excellence, social welfare, peace and integrity;

Exercising our right to determine the form of governance we deem suitable for our organization;

Determined that the values of transparency, accountability, respect for the rights of students and social

justice shall be institutionalized in our organization so as to ensure that democracy is enjoyed by all

students;

Convinced that this constitution shall guarantee the continued peaceful co-existence of the organization

known as the Students‟ Organization of Maseno University;

Acknowledging the authority, and determined to abide by the Constitution of Kenya, 2010, Laws of Kenya,

Universities Act, 2012, Charter for Maseno University 2012, the Maseno University Statutes 2013 and

Stdents' Rules & Regulations;

Recognizing the desire of the students to have a constitution that will govern them;

Do hereby declare, adopt and bind ourselves by this constitution as the Constitution of Students‟

Organization of Maseno University.

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CHAPTER ONE

NAME AND PURPOSE

ARTICLE 1.0 Declaration

We, the students of Maseno University, hereby declare that there shall be established at Maseno University a

Students‟ Organization to be known as “STUDENTS‟ ORGANIZATION OF MASENO UNIVERSITY”,

herein after referred to as “SOMU”, to act and function in accordance with the provisions of this

constitution and within the Universities Act 2012, the Maseno University Statutes 2013, Maseno University

Charter 2013 and the Laws of the Land.

For the purpose of this Constitution, Maseno University shall include all Schools, Constituent campuses,

and institutions of Maseno University as may be declared from time to time.

ARTICLE 1.1 Registered Head Office of SOMU

The Head Office of SOMU shall be situated at the Main Campus of Maseno University, in accordance with

Universities Act, 2012. Branch offices shall be created in Constituent Campuses and institutions. Office

bearers of branch offices shall operate within the confines provided in this Constitution.

ARTICLE 1.2 Interpretations and Abbreviations

a) The “Academic Year” or “Annual Meeting” shall refer to and comply with the Academic Year as per the

University Calendar;

b) “Annual Accounts” shall mean the balance sheets, the statement of income and expenditure and the

statement of sources and application of funds;

c) “Bonafide member” shall mean the duly paid up members of the association and certified as a bonafide

student;

d) “Bonafide student” shall mean a student who has duly registered, paid fees and signed up the nominal

roll;

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e) “Campus” shall mean a location within which the University units offer programs and academic

activities.

f) “The Students‟ Congress” shall mean the body comprising all the Congress members;

g) A “Polling Agent” shall mean a registered member appointed by an election candidate to witness the

polling exercise as provided for in Article 10.5(f);

h) “Returning Officer” shall mean an Election Officer either appointed or nominated by the outgoing

Students‟ Executive Council with the approval of the Students‟ Congress from among the academic

members of the University as provided for in Article 10.2(a) (i);

i) “Standing Orders” shall mean Rules of Procedure established by the congress;

j) “Distinguished Member of the Public” shall mean any member of the Public who enjoys a degree of gene

respectability in the Society and who is preferably a member of the convocation of the University and shall

include persons in the example of Academicians, Clergy, Businessmen or any other profession or calling

construed efus dem generic;

k) “Semester”, is as defined in the Students Handbook.

l) “General Assembly” shall mean an Annual General Meetings as in the students handbook;

m) “Student” shall mean any person registered as a student in the University or institution affilliated to

Maseno University.

n) „Aborted Election‟ shall mean elections that are not concluded due to disruption or misconduct or

irregularities.

o) “The University” shall refer to Maseno University established by Universities Act 2012 and The Charter

for Maseno University 2013.

p) AGM shall refer to Annual General Meeting;

q) SGM shall refer to Special General Meeting;

r) SC shall refer to Students‟ Congress;

s) SEC shall refer to Student‟ Executive Council;

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t) AAC shall refer to Academic Affairs Committee;

u) SAC shall refer to Security and Accommodation Committee;

v) HECC shall refer to Health, Environment and Catering Committee;

w) SGEC shall refer to Sport, Games and Entertainment Committee;

x) SPC shall refer to Special Probe Committee;

y) GACH shall refer to Gender Affairs and Cultural Heritage.

ARTICLE 1.3 Objectives.

The Objectives of SOMU shall be:

a) To seek and undertake representation and/or participation in organs of the University and any other

relevant forums where appropriate;

b) To work in close solidarity with other Students‟ Organizations and to establish friendly relations and

understanding with other relevant organizations whose objectives are to promote Students‟ Welfare

PROVIDED ALWAYS that such cooperation is not detrimental to the University and the country;

c) To seek, enhance and maintain the freedom of conscience, expression, association and academic liberty

and all the rights and privileges accruing to students as enshrined in the students‟ rules and regulations and

University Statutes;

d) To foster peaceful enjoyment of the freedoms, rights, and privileges provided for in the university

instruments of governance referred to in Article 1.3(c);

e) To foster unity and understanding among students, between students and the university administration,

members of the University staff and the general public;

f) To seek and to maintain acceptable standards within the instruments of governance and to work hand in

hand with the University Administration to ensure that the same is achieved;

g) To promote Students‟ Welfare and activities.

h) To promote and preserve high academic standards in the University;

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i) To provide suitable opportunities for a healthy social life through the students‟ academic research, arts,

sports and entertainment;

j) To provide platforms through which students‟ can express their views, expression, thoughts and creative

talents;

k) To mobilize resources through any lawful means for the purpose of achieving the objectives of SOMU;

l) To advance gender equity;

m) To further the integration of persons with special needs in Maseno University and the society;

n) To undertake any other activity which does not conflict with this constitution or any other law or

regulation in force and which is beneficial to its members;

o) To make proposals to enhance corporate social responsibility.

CHAPTER TWO

GOVERNANCE

ARTICLE 2.0 Introduction

a) The Students‟ Organization of Maseno University (SOMU) subscribes to the letter and spirit of the

Constitution and its operations shall be underpinned by the need for equality, equity, integrity, and ethnic

balance, inclusion of persons with disabilities, marginalized groups and gender representations.

b) The Students‟ Organization of Maseno University (SOMU) shall comply with all laws, Government

circulars, adopt and apply reforms in the public sector as recommended from time to time.

ARTICLE 2.1 Principles and Values of Governance

a. In pursuit of the objectives of university education, SOMU shall be guided by the following

principles and values-

i. Promotion of institutional interests in all aspects.

ii) Promotion of excellence in its outputs;

iii) Promotion of quality and relevance in its programs and activities;

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iv) Promotion of rights, cultural diversity and unity;

v) Promotion of systems and practices that embrace inclusivity, efficiency, effectiveness and

transparency;

vi) Ensuring ethical conduct of business;

vii) Ensuring integrity in all its undertakings;

viii) Ensuring enhancement of equity in and access to all opportunities within its jurisdiction;

ix) Ensuring institutionalization of non-discriminatory practices.

CHAPTER THREE

MEMBERSHIP

ARTICLE 3.0 General

Member shall:-

a) Comprise all bonafide students of the University;

b) Pay non-refundable Union fees during the registration period at the beginning of every Semester as part

and parcel of the University Registration Process as may be determined by the Organization in consultation

with the University Council from time to time.

ARTICLE 3.1 Cessation of Membership

Membership shall cease where one;

a) Ceases to be a Bonafide student of Maseno University;

b) Fails to pay subscription fee;

c) Cease to be a student upon expulsion or discontinuation by the University;

d) Breaches his or her obligations as stipulated under Article 4.1.

ARTICLE 3.2 Suspension

A member shall be suspended at the recommendation of a Special Probe Committee (SPC) as stipulated in

article 6.20(b) (v) a duration as provided here under.

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A suspension shall be recommended on grounds of contravention of this constitution and/or conduct that

adversely affects the reputation or dignity of SOMU.

b) Provided that a member whose suspension is proposed shall have the right to a fair hearing, provided that

the rules of natural justice shall be upheld at all times;

c) A suspension shall not exceed 15 weeks.

ARTICLE 3.3 Corporate Membership

SOMU shall acquire corporate membership with external organizations as and when approved by the

Director Students‟ Affairs in consultation with the University Administration.

CHAPTER FOUR

RIGHTS AND OBLIGATIONS OF MEMBERS

ARTICLE 4.0 Rights

a) To take part in all activities of SOMU;

b) To participate in the proceedings of the general meetings;

c) To elect or be elected to any position of SOMU;

d) To be elected, nominated or appointed to be a delegate or representative of SOMU in any forum where

one qualifies;

e) To express opinions in a proper and appropriate manner in the General Assembly meetings or any other

Assembly where SOMU is affiliated or is recognized as a member;

f) To inspect SOMU books of accounts twenty one calendar days after having delivered a written notice to

the Finance Secretary through SC;

g) To have access to this Constitution.

h) To attend AGM and SGM.

i) Entitled to one Vote unless otherwise provided.

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ARTICLE 4.1 Obligations

a) Every member shall abide by all constitutional decisions made by the Students Congress;

b) Every member shall respect and nurture the property of SOMU, the University and the public failure of

which shall lead to disciplinary measures in accordance with the Students Rules and Regulations and the

Laws of Kenya;

c) Every member shall honor his or her financial obligations to SOMU.

CHAPTER FIVE

ORGANS OF ADMINISTRATION

ARTICLE 5.0 Organs of Administration

The organs of administration shall be:

a) The Annual General Meeting hereinafter referred to as the AGM;

b) The Special General Meeting hereinafter referred to as the SGM;

c) The Students‟ Congress hereinafter referred to as the SC;

d) The Students‟ Executive Council hereinafter referred to as the SEC;

e) Standing Committees.

ARTICLE 5.1 Meetings of the AGM and SGM

a) An Annual General meeting shall take place at end of every academic year within days before University

examinations.

b) The AGM shall-

i) Confirm the minutes of the previous meeting as presented by the Secretary General;

ii) Receive an overall report on SOMU‟s operations from the outgoing President;

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iii) Receive audited annual financial report from the outgoing Finance Secretary;

iv) Discuss any other business relevant to enhancing the functions and operations of SOMU.

c) The Secretary General shall issue notices of meetings at least seven calendar days before the designated

date of the meeting.

d) The quorum for the commencement of the business for the Annual General Meeting shall be a third of

members registered for the study during the semester.

e) Resolutions in the meetings shall be by simple majority.

f) Voting shall be by show of hands.

g) Two thirds of the members present and voting may raise a motion to vote by secret ballot.

h) In consultation with the Director Student Affairs, the Secretary General may as directed by the Students‟

Executive Council call a Special General Meeting to address urgent issues;

i) Subject to provisions of this constitution, a member may petition the Students‟ Executive Council to

convene a Special General Meeting within seven days. Such petition shall be endorsed by not less than five

hundred members. The same shall also be served on the Speaker.

j) Failure to act upon (i) above, the petitioner shall move it before the SC but shall notify the speaker who

shall convene a congressional sitting within 7 days and any number of SC constituting 51%;

k) Failure upon (i) and (k) above, the petitioner shall convene a meeting but such a notice shall be served to

the Students‟ Congress;

l) The resolutions and decisions of the meeting shall be forwarded to the Director Student Affairs for onward

transmission and consideration by the University Management;

m) Pursuant to Article 6.10(c) (iv), when the Congress passes a motion of no confidence in the Speaker,

Deputy Speaker, or a member of the Executive Council, the Students‟ Executive Council shall convene a

Special General Meeting to consider the congressional action and the matter be referred to the Director

Students Affairs within 14 days. ;

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i) The quorum for such a meeting shall be 50% plus 1; failure to which another meeting shall be called and

the quorum shall be the members present.

ii) If a vote of two thirds of the members attending the Special General Meeting having confirmed Congress‟

vote of no confidence, then the office of the member subjected to the vote shall by that act of the special

General Meeting be declared vacant;

iii) But if the members attending the Special General Meeting do not confirm congress‟ vote of no

confidence then the vote of no confidence is void and the member subject to the vote of no confidence shall

resume the duties of his/her office.

o) Notices for holding an Annual General Meeting or a Special General Meeting shall be issued by the

Secretary General or in his/her absence, by the Deputy Secretary General, or in the absence of both by any

other member of the Students‟ Executive Council when it decides to hold an Annual General Meeting;

p) In case of private members motion such a notice shall be issued by the petitioner as provided in (i) above;

CHAPTER SIX

STUDENTS’ CONGRESS

ARTICLE 6.0 Students’ Congress

a) There shall be a Students‟ Congress of SOMU;

b) Subject to the provisions of this Constitution, the Students‟ Congress shall be the supreme policy making

organ of SOMU;

c) Congress sittings shall be held at the Main Campus.

ARTICLE 6.1 Composition of the Students’ Congress

The Students‟ Congress shall consist of-

a) Members elected in accordance with Article 6.2;

b) Members nominated in accordance with Article 6.3;

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c) The Students‟ Executive Council.

d) All elected officials in all campuses.

ARTICLE 6.2 Elected members of Congress

a) The SEC as per Article 7.1 of this Constitution;

b) Hall Congress Persons elected from Halls of Residence, as per Schedule III;

c) School Congressmen consisting of one (1) member elected by members of the specific School;

ARTICLE 6.3 Nomination of Members

a) Religious groups representatives who shall be as follows-

I) One (1) member for the Seventh Day Adventist;

II) One (1) member for the Catholic Community;

Iii) One (1) member for the Christian Union and other protestant churches;

IV) One (1) member for the Islamic Religion;

b) Members will be nominated to achieve gender balance and special needs interventions;

ARTICLE 6.4 Qualifications for election to the congress

A member is qualified for election into Congress if at the time of election he/she;

a) Is a bonafide student;

b) Is registered in the congressional area or entity he/she seeks to represent;

c) Is nominated by one hundred members from within the congressional area or entity, if that area or entity

has more than three hundred members, or thirty percent of the members from within the congressional area,

nominations shall be verified according to the procedures stipulated in Article 10.6;

d) Is within the normal time frame for completion of the degree program selected at the time of initial

registration;

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e) Has, based on the available grades in the transcripts, an average grade of „B‟ in the program being

undertaken;

f) Be a registered student having completed two semesters within his/her time of studies.

(g) All candidates shall submit a Certificate of good conduct from the office of the Deputy Director, Student

Affairs (Schedule I), and a Certificate of good academic record from the office of his/her Dean or

Director of the relevant School/ Institute.

ARTICLE 6.5 Disqualification for Election to Congress

A member is disqualified for election to congress if at any time of election he/she-

a) Has been suspended from the University;

b) Is a member of the Independent Electoral Commission of Maseno University or the Elections Petition

panel;

c) Has previously been removed from office for violation of this Constitution;

d) Has been convicted of a criminal offense by a court of law in the Republic of Kenya or any other nation;

e) Is already nominated as a representative to congress for the same term of office as the vacancy he/she

seeks to fill in such election.

f) Is in the Final year/ level of studies.

g) Any student who will not be physically available to serve for the entire term, shall not contest for any

position.

ARTICLE 6.6 Congress Members Rights

The SC members shall:

a) Participate in all the deliberations of the SC;

b) Convene meetings in their constituencies to explain SC policies and to gather constituents‟ complaints

and suggestions;

c) Have one vote in the deliberations of the SC;

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d) Have a right to direct questions to any SEC member in relation to their conduct in execution of their

duties;

e) Right to table and debate motions as per the standing orders

ARTICLE 6.7 Director Student Affairs

The Director Student Affairs shall:–

a) Be an ex officio member of congress, but shall have no vote on any question or motion before the

congress;

b) Collaborate with congress in preparing budget proposals and monitor their implementation;

c) Advise congress on the creation of new congressional areas and entities;

d) From time to time, address congress on matters pertaining to University policies and provide guidance to

congress when need arises.

e) In his or her absentia delegate the duties to his/her representative.

ARTICLE 6.8 Recall and Vacancies in Congress

a) Members in a congressional area or entity may move a vote to recall their congressperson before the

expiry of his/her term and such a vote to recall shall be passed by not less than seventy five percent of the

members registered in that congressional area or entity; the congress shall enact rules to determine the

recall;

b) A body authorized to nominate a member to congress may recall its representative by means of written

notification to the Speaker of Congress;

c) The office of a congressperson becomes vacant when one–

i) Ceases to be a member of Maseno University;

ii) Resigns in a letter addressed to the Speaker of Congress;

iii) Is recalled in accordance with either (a) or (b) of this Article;

iv) Is suspended from the University;

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v) Is found guilty of violating this constitution, the University‟s Instruments of Governance.

vi) Has been convicted of a criminal offense by a court of Law in the Republic of Kenya or any other

Republic;

vii) Is unable to execute the functions of his/her office by reason of infirmity of mind or body as proven by

the University medical doctor;

viii) Ceases to be a member of hall/school/religious he/she belongs;

ix) Is absent without the Speaker‟s prior written permission for two consecutive sittings of Congress in a

semester;

ARTICLE 6.9 Functions of Congress

a) Congress shall have such authority and responsibility as provided in this constitution and in particular,

shall –

i) In all its activities, observe the Statutes, Regulations and policies of the University, this Constitution, the

by laws and policies of SOMU and prudent practices;

ii) Elect its own Speaker and Deputy Speaker at its first meeting after the general elections or when pursuant

to Article 6.15(e), the office of Speaker or Deputy Speaker becomes vacant;

iii) As the supreme legislative and policy making organ of SOMU debate and approve SOMU policies,

proposals and decisions tabled by congressional committees, congresspersons, the Students‟ Executive

Council or the ex officio member;

iv) Nominate and forward to the Independent Electoral Commission, a list of four (4) students members of

either gender, as per Article 10.2(c);

v) Monitor the implementation of its resolutions by the Students‟ Executive Council;

vi) Through its committees, establish investigations into suspected misdeeds by any SOMU organ;

vii) Consider and vote on motions of no confidence as stipulated in Article 6.10(b) and (c);

viii) Debate, approve and adopt budgetary proposals which shall be monitored in accordance with Article

6.7(b);

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b) Congress shall hear and discuss the President‟s address on the state of SOMU which shall be presented at

its first sitting within the first twenty one days of each semester.

ARTICLE 6.10 Regulations and Procedures in Congress

a) Subject to this Constitution, Congress shall –

(i) Make rules to regulate the procedures of congress specifically rules for the orderly conduct of

proceedings;

(ii) Subject to any rule made under the foregoing (a) (i) above, regulate the procedures of its committees;

b) A member of congress may propose a vote of no confidence in the Speaker, or the Deputy Speaker or any

individual member of the Student Executive Council for-

i) Blatant violation of this constitution;

ii) Gross misconduct which includes violations of the University‟s instruments of Governance.

iii) Flagrant mismanagement of SOMU finances and affairs;

iv) Persistent inability to execute the duties of office.

c) The procedure for a vote of no confidence shall be as follows –

i) The proposer of the motion shall provide the Speaker, the Deputy Speaker, all members of the Students‟

Executive Council and the Director Students‟ Affairs with a written notice of the intended motion detailing

the grounds for such action;

ii) Following notification of the foregoing members of congress the proposer shall ask the congress to

discuss the motion;

iii) If the subject of the motion is the speaker then the Deputy Speaker shall preside over the sitting;

iv) If two thirds of all members of congress agree to the members‟ request the entire congress shall then

consider the motion and the subject of the motion shall have an opportunity to respond to the charges before

congress;

v) A vote of no confidence shall be passed by not less than a vote of two thirds of all members;

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vi) Pursuant to Article 5.5(n) if congress approves the vote then the Students‟ Executive Council must call a

Special General Meeting within seven calendar days of the vote;

d) Subject to this Constitution, congress shall act notwithstanding a vacancy in its membership.

ARTICLE 6.11 Summoning Congress

The first meeting of Congress must take place within the seven (7) days following the inauguration of the

Students‟ Executive Council, or the Student congress; thereafter the congress secretary in consultation with

the Speaker shall convene the subsequent sittings.

ARTICLE 6.12 Dissolution of Congress

Congress shall stand dissolved on the last day of the Academic year, or as shall be determined by the

Independent Electoral Commission of SOMU.

ARTICLE 6.13 Congress Meetings

a) Within a semester congress will meet at least once in every four weeks so that a period of four weeks

does not intervene between sittings of the congress;

b) Subject to provisions of this Constitution the Speaker presides at all sittings of the congress;

c) When the Speaker is absent or barred from presiding the Deputy Speaker or any other congressperson

elected by the congress shall preside;

d) Congress shall have a House Business committee, which shall receive and approve motions, questions,

committee statements and reports, prepare the order paper for the congress business and in consultation with

the University administration invite guests to congress;

f) The House Business Committee shall consist of-

i) The Vice President of the Students‟ Executive Council, the leader of the Students‟ Executive Council‟s

business in congress, who shall preside as the committee‟s chairperson and shall not have a vote unless there

is a tie in which case he/she shall cast the deciding vote;

ii) The Deputy Secretary General;

iii) One member of the Students‟ Executive Council to be chosen by the Students‟ Executive Council;

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iv) Three members elected by the first Congress as presided over by the Speaker.

ARTICLE 6.14 Inauguration of Congress

a) The University Legal Officer, or his/her appointee or nominee shall administer oath to all the congress

members;

b) If a new member of congress is absent from the swearing in of congresspersons‟ and from the following

sitting of congress, the Speaker shall declare the seat vacant unless the new member received permission to

be absent from the office of the Speaker.

ARTICLE 6.15 Speaker and Deputy Speaker of Congress

a) There shall be a Speaker and Deputy Speaker of Congress elected by congress from among its members

other than members of the Students‟ Executive Council and the ex officio member during the first meeting

of congress after the general elections;

b) Such an election shall be presided over by the Legal Officer;

c) The elections of the Speaker and Deputy Speaker shall be by secret ballot;

d) The Speaker and the Deputy Speaker shall be sworn in by Legal Officer of the University or any other

person appointed by him/her;

e) The offices of the Speaker or Deputy Speaker shall become vacant when –

i) The Speaker or Deputy Speaker informs congress in writing of his /her resignation as Speaker or Deputy

Speaker;

ii) The Speaker or Deputy Speaker as stipulated in the relevant provisions of Article 6.8(c) ceases to be a

member of congress;

iii) The congress as stipulated in Article 6.10(b),(c) passes a motion of no confidence in either Speaker or

the Deputy Speaker;

f) A congressperson elected to be Speaker or Deputy Speaker shall continue to represent the congressional

area or entity for which he/she is elected.

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g) The Speaker shall have authority and responsibility as provided in this Constitution and in particular

shall-

ii) Preside over meetings of congress;

iii) Receive motions and allocate time for each motion and for members to contribute to their discussion;

iv) Maintain order in congress;

v) Be an ex officio member of the SEC;

vi) Address congress at its first sitting;

vii) Communicate with congress on matters relevant to its business;

viii) Perform any other duty congress may recommend that may enhance its efficiency and conduct;

h) If the office of Speaker or Deputy Speaker becomes vacant, congress shall not transact any other business

until a new Speaker or Deputy Speaker is elected and sworn in but a vacancy in the office of Speaker or

Deputy Speaker shall not affect the work of congressional committees;

The Deputy Speaker shall-

i) Be in constant consultation with the Speaker on matters related to the proper functioning of SC;

ii) Assume the role of Speaker in his/her absence;

iii) From time to time perform any duty as may be assigned to him/her by the Speaker.

ARTICLE 6.16 Congress Clerk

The Congress Clerk Shall –

a) Be the SOMU Deputy Secretary General

b) Keep records of proceedings at the SC

c) From time to time perform any duty as may be assigned to him/her by the SC.

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ARTICLE 6.17 Quorum in Congress

a) The quorum needed to commence and conduct business in congress shall be two thirds of the members.

However, if it is the case that –

i) Thirty minutes after the scheduled time for the beginning of the sitting a quorum is not present then the

Speaker shall postpone the sitting and reschedule it for a time within seven calendar days;

ii) A quorum is not present at the time for the rescheduled sitting then the Speaker shall commence and

conduct business and resolutions made in the sitting shall be binding on all members.

b) As stipulated in Article 6.8(c) (ix), any member absent from two consecutive meetings in a semester

without the prior written permission to the Speaker shall be deemed to have resigned from congress and any

office held by the member may be declared vacant by the speaker;

c) A member shall be deemed to have failed to attend a congressional meeting if without the Speakers

permission the member is absent for more than half the duration of the sitting.

ARTICLE 6.18 Responsibilities of Congresspersons

a) A congressperson shall-

i) Represent his/her congressional area or entity;

ii) Faithfully attend sittings of congress;

iii) Serve in the congressional committee to which he/she belongs;

iv) Regularly communicate with his/her congressional constituents;

v) Carry out the duties stipulated in Article 6.9;

ARTICLE 6.19 Voting in Congress

a) Except where special majorities are required by this Constitution all decisions in Congress shall be

determined by simple majority vote of the members present and voting through acclamation;

b) Secret ballot shall be used in voting for special bills as determined by the congress;

c) On any question proposed for a vote in congress the member presiding at the sitting shall –

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(i) If the presider is the Speaker or Deputy Speaker, have a deciding vote but not an original vote except on

matters concerning his/her area;

(ii) If the presider is not the Speaker or Deputy Speaker, have both an original and deciding vote.

ARTICLE 6.20 Congressional Committees

a) Subject to the approval congress shall have adhoc committees as shall be determined by the Executive

Council;

b) The committees of the congress shall be-

i) The Academics Affairs Committee (AAC), which shall be presided by a Congressperson appointed by SC;

ii) Finance Committee;

The finance Committee shall be presided over by the Finance Secretary and shall-

1) Under the guidance of the Director Students‟ Affairs and subject to the approval of the University‟s

management prepare SOMU‟s annual budget;

2) In consultation with office of the Director Students‟ Affairs supervise the balloting for canteens and report

on the balloting to Congress which shall then countercheck and approve the balloting.

iii) Student Welfare committee

Students‟ Welfare Committee shall-

(a) Be Presided over by the Vice president

(b) Receive and record members‟ grievances and requests and forward them to the SEC for deliberation;

(c) Liaise with offices of the University and other relevant authorities for proper security and

accommodation, health and Environment issues;

(d) Ensure proper provision of games and sports services;

(e) Communicate concerning matters related to the committee in a manner to be determined by the SEC;

(f) Be mandated to come up with policies, rules and regulations concerning sports and games

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(g) In liaison with Director of Entertainment identify, draw and organize entertainment programs and

budgetary allocations for submission to the SEC for approval and implementation;

iv) Special Probe Committee;

a) Subject to the approval of the congress shall be established a Special Probe Committee here in referred to

as SPC which shall –

1) Investigate controversial issue(s) that might have led or may lead to students‟ unrest. It shall submit its

report/findings through its secretary to the SC. The SC shall deliberate upon the findings and

recommendations and act on them accordingly.

2) Handle any disciplinary matters relating to SOMU members whose behavior and actions shall be deemed

injurious to the good name of the organization.

3) Critically examine approvals or recommendations made by the University‟s council to the best interests

of students.

4) Submit proposed disciplinary actions against members to the SC, who shall act accordingly as follows:

i)) Levy Financial penalty commensurate to three times the value of damage or/and,

ii) Issue suspensions as stipulated under Article 3.2.

b) Each campus shall have a committee responsible for organizing the day to day activities of SOMU in its

respective campus and this committee shall be presided over by the campus Chairperson and which must

contain Director Students‟ Affairs and Director Academic Affairs as mandatory members.

c) All congressional committees shall meet at least once a semester;

d) No Congressperson shall be a member of more than one standing congressional committee and

assignment to committees shall be by balloting;

e) The President of SOMU shall not be a member of any congressional committee;

f) Membership in the congressional standing committees shall be as numerically uniform as possible;

g) Subject to the provisions of this Constitution, Congress shall determine the terms of reference, rules of

procedure and conduct of activities for its committees.

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CHAPTER SEVEN

THE STUDENTS’ EXECUTIVE COUNCIL (SEC)

ARTICLE 7.0 Establishment of the Students’ Executive Council

a) There shall be the Students‟ Executive Council of SOMU abbreviated as SEC;

b) Subject to the provisions of this Constitution the Students‟ Executive Council shall be the chief

administrative and managerial organ of SOMU;

c) The office of the Students‟ Executive Council shall be located at the main campus of Maseno University;

d) Ordinarily, meetings of the Students‟ Executive Council shall be held at the Main campus of the

University.

ARTICLE 7.1 Composition of the Students’ Executive Council

a) President of SOMU;

b) Vice President of SOMU;

c) Secretary General of SOMU;

d) Deputy Secretary General of SOMU;

e) Finance Secretary of SOMU;

f) All Directors;

g) The Editor of the Students‟ Publication;

h) Campus Chairpersons;

i) Speaker – Ex officio member.

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ARTICLE 7.2 Qualifications for Election to the SEC

To qualify for election to the SEC, an aspirant must;

a) Be a bonafide Maseno University student

b) If seeking a position other than campus chairperson, be nominated by Two hundred and Fifty members

cutting across all schools in equal proportion whose nomination of the member shall be verified in

conformity with Article 10.4 (g) (h) (i);

c) If seeking the position of campus chairperson;

(i) Be nominated by Two hundred members whose nominations of the member shall be verified in

conformity with Article 10.4 (g);

(ii) Be a student studying at the respective campus he/she seeks to serve as campus chairperson;

d) Have, based on the available grades in the member‟s transcripts, an average grade of „B‟ in the program

being undertaken;

e) Be within the normal time frame for completion of the degree program selected at the time of initial

registration;

f) Have completed at least two semesters with a full load of academic study totaling at least fourteen units;

g) All candidates shall submit a Certificate of good conduct from the office of the Deputy Director, Student

Affairs (Schedule I) and a Certificate of good academic record from the office of his/her Dean or Director

of relevant School/ Institute.

ARTICLE 7.3 Disqualifications for Election to the SEC

A member is disqualified for election to the SEC if at the time for election if he/she-

a) Has ever been suspended from the University and the suspension has not been revoked;

b) Is a candidate for the seat of congressional area or entity;

c) Is a member of the Electoral Commission of Maseno university;

d) Has previously been removed from office for violation of this Constitution;

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e) Has been convicted of a criminal offense by a court of law in the Republic of Kenya or any other

republic;

f) Is in the Final year/level of study.

g) Any student who will not be physically available to serve for the entire term, shall not contest for any

position.

ARTICLE 7.4 Executive Authority

a) The Executive authority of SOMU must be exercised for the benefit of SOMU members according to this

Constitution, the Laws of the Republic of Kenya, the Universities Act 2012, Maseno University Charter

2013 and the Maseno University Statutes 2013.

b) Executive authority in SOMU is vested in the SEC and may be exercised either directly or indirectly by

it;

c) Rank in the SEC shall be exercised in the order: the President, Secretary General, and Vice President.

ARTICLE 7.5 Authority and Responsibility of the Students’ Executive Council

a) The Students‟ Executive Council of SOMU shall perform such functions as provided under Section

41(2) of the Universities Act, 2012, in addition to the following:-

i. Make subject to the approval of the University Council, its Constitution, rules governing the day to

day conduct of the affairs of the Students‟ Organization, its procedures and the conduct of the

members thereof and the consequences of any breach of such rules;

ii. Draw the attention of management to threats to peace and order among students;

iii. Make proposals to enhance corporate social responsibilities;

iv. Provide leadership that would promote a positive image of the University.

b) The SEC shall:-

i. Be responsible for controlling the administration and finances of SOMU;

ii. Implement the decisions of the SC;

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iii. Following due consultation with other members of SEC, make emergency decisions that are in the

interest of SOMU and which shall be reported to the congress at its next sitting;

iv. Handle, manage or deal with any matter(s) directly affecting or incidental to the governance of

SOMU or all that is envisaged appurtenant thereto;

v. The SEC shall have the powers to appoint members of the Standing Committees;

vi. The SEC may with reason appoint an adhoc Committee for any named specific task: the committee

shall stand dissolved upon the completion of the named specific task;

vii. Oversee all SOMU activities.

viii. Meet as often as need would be but not less than five (5) times during an Academic Semester.

ARTICLE 7.6 President

The President shall:

a) Be the President of SOMU and shall preside over all its general meetings;

b) Be responsible for the overall administration of the SEC;

c) Be the head of the SEC and shall preside over all the General Assemblies except the SC;

d) Have a casting vote;

e) Have the following emergency powers:

(i) To call an emergency meeting of the SEC and the SC;

(ii) Following due consultation with other available members of the Students‟ Executive Council, make

emergency decisions in the best interest of SOMU and which are reported and deliberated;

h) Articulate the policies of SOMU and provide exemplary leadership;

i) Without prejudice to any other express provision of this constitution; proceed with due diligence and

speed to deal with any matter(s) directly affecting or incidental to the governance of SOMU and perform all

duties and responsibilities which in the ordinary course of dealing are bestowed on such President;

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j) With the consent of the SEC, Congress and the University management, represent SOMU at national and

international levels on issues relevant to SOMU‟s interests;

k) Provided that the President is acting pursuant to the emergency powers as per Article 7.6 (g) (ii)he/she

shall do so with the full knowledge that an abuse of such powers invites operation of Article 6.10 (b);

l) To be an automatic member of The University Senate, and The Students‟ Disciplinary Committee unless

otherwise;

m) Subject to provisions of this Constitution and with the approval of the Students‟ Executive Council,

delegate or assign duties to any other member of the Students‟ Executive Council;

n) Perform any other duty or duties as the SEC or SC may assign.

ARTICLE 7.7 Vice President

The Vice President shall-

a) In the Presidents‟ absence assume and act on the authority and responsibility of the President with the

exception of Article 7.6 (f);

b) Perform duties delegated to him by the President, which duties shall be the ones he/she can

constitutionally perform;

c) An automatic member of The Students‟ Welfare Committee;

d) Will be the Chairperson of the House Business Committee of the SC;

e) Co-ordinate Students‟ Welfare Services like transport, benevolence, Sickness and funerals in liaison with

the relevant authorities;

f) Shall be a member of SOMU bursary committee;

g) Perform any other duty or duties as the SEC or SC may assign;

h) Be a member of the work study committee.

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ARTICLE 7.8 Secretary General

The Secretary General shall:

a) Be the Secretary of SOMU;

b) Be the Secretary of the SEC;

c) Without prejudice to Article 7.6 (g) (i), in consultation with the President, call meetings of the SEC;

d) Keep files, registers and minutes of SOMU;

e) In consultation with The President and the SEC in general draw the Agenda for SOMU meetings;

g) Be the representative of SOMU in the University Senate and The Students Disciplinary Committee;

h) Will act as a spokesperson and communicate the SEC‟s decisions to the Director, Student Affairs.

i) Will issue notices of meeting of the AGM and SGM;

k) With the authorization of the Deputy Vice-Chancellor, Academic and Student Affairs and the Vice

Chancellor through Director, Student Affairs, the Secretary General may make public statements to the

media and Institutions outside the University;

l) Perform any other duty or duties as the SEC or SC may assign.

ARTICLE 7.9 Deputy Secretary General

The Deputy Secretary General shall:

a) In the Secretary Generals‟ absence, assume and act on the authority and responsibility of the Secretary

General;

b) Be an automatic member of House Business Committee;

c) Be the congress secretary;

d) Co-ordinate the activities of congressional committees;

e) Oversee the actual organization of SOMU activities and events in the main and constituent campuses;

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f) Shall be in charge of the general welfare of SEC and SC members during official functions;

g) In conjunction with the President and the Secretary General draw SOMU annual timetable;

h) Shall be in charge of general maintenance of SOMU offices;

i) In consultation with the SEC, assist in the orientation of new members;

j) Liaise with the office of the Deputy Director, Student Affairs in co coordinating the activities of clubs and

societies;

k) Shall be in charge of posting and clearing of notice at the notice boards;

l) Perform any other duty or duties as the SEC or SC may assign.

ARTICLE 7.10 Finance Secretary.

The Finance Secretary shall:

a) Be the Finance Secretary of SOMU;

b) Be a co-signatory to all SOMU bank cheques and other negotiable instruments;

c) Be the Chairperson of the Finance Committee;

d) In consultation with other members of the SEC raise funds for SOMU;

e) Keep, in a businesslike manner, true accurate and timely records of the proceedings of every financial

transactions of SOMU;

f) Draw the annual budget in conjunction with the SEC and Finance Committee of SOMU and table it

before the Congress for approval;

g) Ensure that every payment and expenditure is duly authorized;

h) Prepare the annual accounts of SOMU and liaise with the Auditor during the period of audit;

i) Table the audited accounts to the Congress, then to the AGM;

j) Prepare any other financial report that the SEC and the SC may from time to time demand;

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k) Ensure that sufficient internal controls exist to protect the assets of SOMU;

l) Perform any other duty or duties as the SEC or SC may assign.

ARTICLE 7.11 Campus Chairperson

There shall be a Campus Chairperson representing each of the Campuses of the University. A Campus

Chairperson shall have authority and responsibility as provided in this Constitution and in particular shall-

a) Carry out the duties and, in particular, discuss matters affecting members in his/her respective campus

with members of the campus congressional delegation;

b) Be directly answerable to the President;

c) Perform any other duty or duties that a Campus Chairperson may be assigned;

d) In consultation with members of the campus congressional delegation, prepare Budget proposals for

discussion by the Students‟ Executive Council and inclusion in the annual budget presented to Congress;

e) Maintain updated records of discussions with members of the Campus committee from his/her respective

campus;

(f) Represent members in his/her respective campus and, in particular, keep the Students‟ Executive Council

informed of matters related to SOMU at his/her respective Campus;

(g) Work with other members of the Students‟ Executive Council in coordinating SOMU activities in his/her

respective campus;

(h) Collaborate with the respective Authority of his/her respective campus in organizing SOMU activities,

preparing budget proposals, and managing budget‟s expenditure.

(i) In consultation with the Secretary-General, communicate with members and the Administration of his/her

respective campus;

(j) Collaborate with the Finance Secretary in managing SOMU finances and fixed assets in his/her

respective campus.

(k) Perform any other duty or duties as the SEC or SC may assign.

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ARTICLE 7.12 Deputy Campus Chairperson

a) In the absence of the Chairperson, assume and act on the authority and responsibility of the Chairperson;

b) Perform duties delegated to him by the Chairperson, which duties shall be the ones he/she can

constitutionally perform;

c) Co-ordinate Students welfare services;

d) Shall be a member of SOMU bursary committee;

e) Shall help in handling of gender issues in the campus in consultation with the Director, Gender Affairs

and Cultural Heritage.

f) Perform any other duty or duties as the SEC or SC may assign;

ARTICLE 7.13 Director of Academic Affairs.

Shall:

a) Be the chairperson of the AAC;

b) Liaise with degree course congresspersons with regard to academic problems facing the students in every

degree program

c) Be an automatic member of all school boards unless otherwise stated

d) Be directly answerable to the Students' Congress;

e) Perform any other duties as the SEC may assign subject to the provisions of this constitution.

f) Perform any other duty or duties as the SEC or SC may assign.

ARTICLE 7.14 Director of Entertainment.

Shall:

a) Be the chairperson of the Entertainment Committee;

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b) Organize and coordinate entertainment activities with the approval of the SEC as well as make

arrangements to pay for the entertainment in collaboration with the relevant Signatories to the SOMU

accounts;

c) Be responsible for the for the movement‟s and conditions of the SOMU entertainment facilities;

d) Be directly answerable to the Students' Congress;

e) Perform any other duty or duties as the SEC or SC may assign.

ARTICLE 7.15 Director of Sports and Games.

Shall-

a) Be the chairperson of the SGC;

b) Facilitate the functioning and maintenance of all Sports and Games facilities;

c) Work in liaison with relevant captains and games tutors to organize games and sports with other

institutions;

d) Work in liaison with relevant captains and games tutors to ensure that all facilities are present;

e) Be directly answerable to the Students' Congress;

f) Perform any other duty or duties as the SEC or SC may assign.

ARTICLE 7.16 Director of Security and Accommodation.

Shall-

a) Channel all accommodation and security problems affecting the students to the relevant authorities;

b) Spearhead the recovery of accommodation refunds for students who miss accommodation after having

paid for the same;

c) Be an automatic member of the wardens committee;

d) Be directly answerable to the Students' Congress;

e) Perform any other duty or duties as the SEC or SC may assign.

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ARTICLE 7.17 Director of Health, Environment and Catering.

Shall-

a) Be the chairperson of the HECC;

b) Examine meals at the students‟ cafeteria; identify catering problems with a view to finding solutions of

the same;

c) Liaise with the health department in solving students‟ health services difficulties;

d) Liaise with the public health officer to ensure that high hygienic standards are maintained in the

university and its environs;

e) In consultation with the HECC, veto any actions by the university concerning the environment, its

conservation and management;

f) Be directly answerable to the Students' Congress;

g) Perform any other duty or duties as the SEC or SC may assign.

ARTICLE 7.18 Director of Gender Affairs and Cultural Heritage (GACH)

Shall-

a) Be the chairperson of GACH;

b) Spearhead gender parity in socio-economic and political sphere;

c) Address gender based violence;

d) Address cultural dynamism among students‟ composition;

e) Organize and hold cultural events. He/she may liaise with relevant Director(s) towards achieving this

noble task;

f) Be directly answerable to the Students' Congress;

g) Subject to this constitution perform duty or duties as delegated to him/her by the SC or SEC;

h) Promote and safeguard rights of all cultures.

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ARTICLE 7.19 Editor of the Students’ Publication

Shall-

a) Be the chairperson of the Students‟ Editorial Board appointed by the SEC and whose functions shall

include:

i) Write articles on topical issues on regular basis;

ii) Collect articles from contributors for publication;

iii) Analyze articles and process them for publication;

iv) Determine the price of the Newsletter from time to time.

b) Manage and regularly update the SOMU website and in liaison with the University‟s public Relations

Office) Inform and educate all members of SOMU using the newsletter;

d) Edit articles on behalf of the editorial board in the students‟publication;

e) Be directly answerable to the Students' Congress;

f) Oversee the printing, publishing, sale and distribution of the newsletters and magazines in all campuses

and constituent learning institutions;

g) Perform any other duty or duties as the SEC or SC may assign.

ARTICLE 7.20 The Hall Congress persons.

Shall:

a) Be members of the SC;

b) Be the Chairpersons of the Security Committees in their jurisdiction.

c) Receive grievances from students in their respective residential halls and forward them to the relevant

authorities appertaining general accommodation welfare;

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ARTICLE 7.21 School Congress persons

Shall-

a) Be members of the SC;

b) Receive grievances from members of their respective Schools;

c) Perform any other duty(s) as the SC may assign.

ARTICLE 7.22 Religious, Special Needs and postgraduate Congresspersons

Shall -

a) Members of SC;

b) Receive the grievances of students from their respective constituencies;

c) Perform any other duties as may be assigned by SC.

CHAPTER EIGHT

STANDING COMMITTEES

ARTICLE 8.0 Functions of the Standing Committees

a) The AAC shall be chaired by the Director Academic Affairs who shall carry out the following

functions:

(i) Discuss and address issues as may arise touching on the academic interests of SOMU

members, ensure that members have access on issues of general academic matters touching

on them in consultation with the Director, Student Affairs;

(ii) Ensure the peaceful enjoyment of high standards, provision of Academic, Library and

Bookshop services in consultation with the Director, Students Affairs ;

(iii) Promote awareness among members regarding student related policies, procedures and

regulations of the University in consultation with the Director, Student Affairs;

(iv) In liaison with schools and departmental congresspersons‟ in addressing matters touching to

their respective schools in consultation with the Director, Student Affairs;

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(v) Ensure attainment of academic excellence in the University Health Environment and

Catering.

b) The HECC shall: -

(i) Deal with issues concerning medical welfare of the students;

(ii) Deal with issues concerning the conservation of the environment;

(iii)Deal with matters pertaining to catering, meals and hygiene within the University cafeterias;

(iv)Ensure that members enjoy peaceful right to clean and healthy environment around the Halls, Cafeteria

and Class areas;

(v) Ensure that students have access to clean and safe water in adequate quantity;

(vi)Ensure the protection of the members‟ rights to the highest attainable standard of healthcare which

includes that of reproductive health;

(vii) Come up with policies concerning environmental conservation and management;

(viii) Ensure the enjoyment of reasonable standards of sanitation by members.

f) All financial provisions to be in line with the University financial procedures.

The FC shall-

i) Subject to the provisions of this constitution and not unless stated contrary, this committee shall be headed

by the Finance Secretary and other members shall include-

1) The President of SOMU;

2) The Secretary General of SOMU;

3) A University Finance Officer (or such other authorized officer);

4) Two representatives from the SC;

ii) The duties of the FC as stipulated by this constitution shall include:-

1) Ensuring that all SOMU finances are administered under a proper system of accounting;

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2) Drawing up the budget to be presented to the SEC for approval;

3) Presenting the approved budget for ratification to the Students‟ Welfare Committee to the Senate;

4) Be directly responsible to the SC through the SEC;

5) Prepare proposals for raising SOMU finances and submitting the proposals to the SEC for approval;

6) Mobilize financing for program approved by the SEC;

7) Exercise overall supervision of SOMU expenditure on behalf of the SC.;

8) Submit monthly reports to the SC on the state of finances of SOMU, which the SC shall deliberate on and

take appropriate action.

CHAPTER NINE

FINANCE AND EXPENDITURE

ARTICLE 9.0 Revenue

The funds of SOMU shall be derived from-

a) SOMU Membership and subscription fees as provided for in this Constitution;

b) Revenue earned from income generating activities;

c) Fundraising and donations;

d) Any other sources proposed by Congress and subject to the approval of University‟s management.

ARTICLE 9.1 Collection of Revenue

a) SOMU funds to be managed by the Student‟s organisation in accordance with University financial

procedures.

b) Membership fee shall be paid during admission and subscription shall be renewed every Academic year

as may be determined from time to time.

c) The fund shall be paid to the specific University accounts provided.

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ARTICLE 9.2 Expenditure

a) All funds received for purposes of SOMU must be spent for the benefit of SOMU according to the

recommendations of congress and the approval of the University‟s Management;

b) As need arises the President and the Finance Secretary will make requests through the Director Students‟

Affairs for expenditures according to the schedule and expenditures determined at the beginning of the

semester as per approved budgets;

c) The Deputy Vice-Chancellor (Administration, Finance and Development) shall make approvals in

accordance with University procedures on over expenditure and viament of funds.

d) All procurements of goods and services for SOMU shall be done according to the University‟s tendering

and procurement procedures;

e) Claims shall be made in accordance with financial procedures of the University.

ARTICLE 9.3 Execution of the SOMU Account

Execution of the SOMU account shall be in accordance with Financial policies of the University.

The Signatories of the SOMU account shall be;

a) The Finance Secretary;

b) The SOMU President;

c) The Director Students‟ Affairs;

d) Deputy Director, Student Affairs;

At any one time a student representative must be present.

ARTICLE 9.4 Custody of Assets

The custody of the assets of SOMU shall be vested in the Finance Secretary.

ARTICLE 9.5 Financial Year

The financial year as prescribed within the University financial year.

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ARTICLE 9.6 Annual Accounts

Audits to be within the University structure since finances are also managed within the structure.

ARTICLE 9.7 Audit

a) The accounts of SOMU shall be audited by a person qualified to audit accounts under the dictates of the

Accountants Act (Cap 531). To facilitate the audit, the auditor shall at all times have access to books and

records of SOMU and shall be entitled to receive all the information and explanations that he/she may

consider necessary for the purpose of the audit

b) The Vice-Chancellor shall appoint the Auditor

ARTICLE 9.8 Procurement

Shall be done according to the Procurement Act and University procurement procedures and processes.

The President shall be responsible for preparation and submission of all annual procurement plans to the

congress for approval

The President shall be responsible for procurement implementation under the Director, Student Affairs, who

shall receive quarterly reports on implementation plans.

ARTICLE 9.9 Affiliations

a) Eligibility

Any registered students organization/association or movement in the University may be affiliated to SOMU

upon its application for affiliation to the SEC having been approved by the SC not less than fourteen (14)

days after the reception of any such application provided that:

i) All its members are members of SOMU and provided further that the SEC shall consider each case on its

own merit without prejudice to the foregoing section;

ii) Racial, tribal, or age identity does not limit its membership;

iii) Its constitution is not repugnant to the aims and aspirations of SOMU and the Kenyan Constitution;

iv) It has not less than fifteen (15) members;

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b) Welfare associations shall be registered but shall not be eligible for funding.

c) All organizations after having so affiliated shall remit to SOMU Finance Secretary an annual

subscription of Ksh 2000/= (Two Thousand Shillings Only) and as may be determined from time to time by

the SC.

d) The affiliated societies may be eligible for financial aid on application to the Finance Secretary and on

the approval of the SC and depending on the financial status of SOMU.

CHAPTER TEN

ELECTIONS AND BY-ELECTIONS

ARTICLE 10.0 General Principles

(a) The Electoral system of SOMU shall be based on the right of every member to vote by standing for

election and holding office in a manner that allows for the practical and effective functioning of SOMU;

(b) Elections shall be free, fair and conducted by secret ballot;

(c) The Independent Electoral Commission of SOMU shall have the power to formulate rules and

regulations for the proper conduct of elections and the implementation of this Chapter in compliance with

(b) above.

ARTICLE 10.1 Election of SOMU Officials

The election of SOMU officials shall be conducted in accordance with provisions of this Constitution and

Independent Electoral Commission‟s rules and regulations.

ARTICLE 10.2 Composition of the Independent Electoral Commission of SOMU (IECS)

(a) Substantive Members

Shall comprise-

i) The Returning Officer who shall be the Chairperson of the Commission;

ii) Deputy Returning Officer;

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iii) The Deputy Director, Student Affairs who shall be responsible for the administrative and financial

matters of the commission;

iv) The Registrar Academic Affairs;

v) The Director Students‟ Affairs;

vi) A Chaplain and/or Imam of the University.

vii) The Director ICT

vi) The University Security Officer;

.(b) The outgoing SEC shall, in consultation with Director Students Affairs, nominate two names for the

position of the Returning Officer and his/her Deputy and forward them to The Vice Chancellor who shall

make the appointments, for a non- renewable term of three academic years. The nominees shall be Senior

Academic/Administrative members of staff.

(c) Interim Members, shall comprise four (4) Final year/level students of either gender, each of whom must

be known for their integrity, and shall be nominated by the Students' Congress.

(d) Caretaker Committee

In the event that there is no outgoing SEC the Deputy Vice Chancellor Academic and Students‟ Affairs in

consultation with the Vice Chancellor shall constitute an Electoral Commission which shall after such

constitution appoint a Returning Officer under the same criteria as per (b) above.

ARTICLE 10.3 Ineligibility for the Independent Electoral Commission

Members who have served in congress or the SEC during the academic year of the scheduled elections shall

be ineligible for appointment to the independent electoral commission.

ARTICLE 10.4 Authority and Responsibility of the Independent Electoral Commission

Subject to the provisions of this Constitution, the Independent Electoral Commission shall -

a) Conduct and supervise SOMU elections;

b) Promote free and fair elections;

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c) Determine the dates for submission of applicants for candidacy and election;

d) Supervise the preparation of the voter register, ballot papers, ballot boxes and the designation and

preparation of polling stations;

e) Prepare the budget for elections;

f) With the exception of students appoint any other appropriate person(s) to assist in the election;

g) Request the Finance Department officially to verify the payment of university fees and Registration of

aspirants;

h) Pursuant to Articles 6.4, 6.5, 7.2, and 7.3, request that the Registrar Academic Affairs officially verify the

academic qualifications of the aspirants;

i) Verify all nominations for candidates according to the procedures it shall establish in the election code

which the commission shall revise as the need arises;

j) Prepare and post a list of candidates cleared or qualified for election and a list of applicants disqualified

for candidacy with reason(s) for their disqualification;

k) Conduct a mandatory meeting with the Electoral Commission for cleared candidates to familiarize them

with the university instruments of governance.

l) Regulate methods of campaigning;

m) Ensure that the results of the voting are announced by the presiding officer at each polling station;

n) Conduct the elections for School congresspersons and the Hall Congresspersons on the date before that

scheduled for election of the SEC;

i) The Electoral Commission has the power to warn candidates of disqualification and to disqualify them for

violations of the electoral code as established by this Constitution and the Commission;

ii) A decision by the Electoral Commission to disqualify an aspirant for candidacy or a candidate for

election shall be final and binding;

iii) The Electoral Commission shall take any other actions it deems necessary to ensure that elections are

transparent, fair, peaceful and credible.

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o)The Independent Electoral commission shall create and review the boundaries in the halls of residence.

p) Ensure all cleared candidates sign a code of conduct as per Schedule II.

ARTICLE 10.5: Verification panel

Final clearance shall be done by a committee drawn from relevant sections of the University to verify the

authenticity of the approvals.

The membership of the panel shall be;

i. Chairperson, Independent Electoral Commission;

ii. Registrar Academic Affairs;

iii. University Security Officer;

iv. Finance Officer;

v. Director, Student Affairs;

vi. Head of Hostels;

vii. Any co-opted member

ARTICLE 10.6 Election Procedure

a) The Independent Electoral Commission through the office of the Director Students‟ Affairs shall –

i. Announce the dates for elections, which shall be not later than the third week of the new academic

year.

ii. Declare all positions open for contest within 14 days of the new academic year;

iii. Call for the submission of nomination papers and receive them;

iv. Receive nomination papers from aspiring candidates and verify their nominators;

v. Prepare and post visibly and at numerous locations a list of candidates eligible for election and a list

of applicants‟ ineligible for candidacy;

vi. Designate the period for campaigns that shall last no longer than ten (10) days;

b) Candidates for election to the SEC may participate in question and answer forum organized and

supervised by the Electoral Commission;

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c) Elections shall normally be held on the 2nd and 3rd day after the official closing of campaigns for the

Congresspersons and the SEC respectively;

d) If only one candidate has been nominated for a position, that candidate shall be declared elected

unopposed;

e) Seventy two hours after nomination, a candidate may withdraw his or her candidature by submitting a

signed statement of withdrawal to the Independent Electoral Commission;

f) A candidate may nominate two polling agents who shall witness the polling at each polling station and

thereafter will be allowed to witness the transport and counting of the ballot papers;

g) A candidate may be personally present during the counting of ballot papers and he/she shall not be barred

from witnessing the counting of ballot papers;

h) Counting of ballot papers will be done at each polling station and results announced by presiding officers;

i) A candidate shall be declared the winner upon acquiring the highest number of votes cast;

j) The Chairperson of the electoral commission shall announce the election results and post the same results

visibly and at numerous locations throughout the University within twelve hours following the official

announcement of the results;

k) The Vice Chancellor shall officially communicate the results of the elections to the University

community.

(l) In the event that results are not declared within 48 hours, the positions shall automatically fall vacant.

ARTICLE 10.7 Spoilt Votes

a) A Spoilt vote is a ballot that contravenes the ballot instructions;

b) During the counting of ballot papers, a spoilt vote shall not be included in a candidate‟s tally.

ARTICLE 10.8 Election Offenses

a) The Independent Electoral Commission shall disqualify a candidate from election for any of the following

offenses committed by the candidate him/herself or systematically carried out by his/her election team-

i) Rigging;

ii) Use of physical force;

iii) Intimidation and harassment;

iv) Sorcery and magic;

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v) Bribery;

vi)Giving false and malicious information;

vii) Mounting campaign posters for any candidate outside places designated for such posters;

viii) Verbal abuse;

ix) Foul language;

x) Slurs based on ethnicity, religion, gender, mode of study;

xi) Drunkenness and rowdiness;

xii) Unauthorized vehicular processions inside and outside campus;

xiii) Campaigns before the official campaign period;

xiv) Provocative and incendiary attacks on the Statutes, Regulations and Policies of the University;

xv) Defamation of any member of the University community;

xvi) Receipt of funding from political parties, interest groups and persons.

b) If the Independent Electoral Commission convicts a winning candidate of a campaign offense, then it

shall declare the seat vacant and call for a by- election, as per article 10.9.

ARTICLE 10.9 By-elections

a) Shall be held whenever an office or seat fails vacant for the reason of; cessation of studentship, death,

physical or mental infirmity confirmed by the University Medical Officer, vote of no confidence or

resignation;

b) Shall take place within twenty one (21) days of the office or seat falling vacant and shall follow the same

procedure as provided for in Article 10.5(a);

c) If a congressional seat becomes vacant, the Speaker shall within seven days of the vacancy, notify the

Chairperson of the Electoral commission who shall arrange a by- election for the purpose of filling the seat;

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d) Depending on the circumstances of the vacancy, Congress shall advise the Independent Electoral

Commission on steps to be taken in holding the by election;

e) Students elected in a by election shall only serve for the term prior to the next election.

ARTICLE 10.10 Rerun of Elections

a) If candidates in an election tie in the vote tally, the Chairperson of the Independent Electoral

Commission shall declare a rerun of the election between the tied candidates and supervise the rerun

fourteen days after the announcement of the tie;

b) If the Independent Electoral Commission nullifies an election; the Chairperson of the Independent

Electoral Commission shall declare a rerun of the election and set a date for the rerun.

ARTICLE 10.11 Dismissal of interim Members of the Independent Electoral Commission

a) If there is no petition filed against the Election results, the Chairperson of the Independent Electoral

Commission shall dismiss the interim members of the commission and submit the election returns to the

Vice Chancellor;

b) If there is petition against the election results the Independent Electoral Commission shall await a

decision in the matter by the Election Petition Panel and when the Elections Petition Panel has made its

judgment on the petition and informed the Electoral Commission of its decision, then the Chairman of the

Independent Electoral Commission shall dismiss the interim members of the commission and submit the

election returns to the Vice Chancellor.

ARTICLE 10.12 Aborted Elections

If the election process is not concluded, or is disrupted, The Independent Electoral Commission shall cancel

the elections, and organize for repeat elections within 21days after the cancellation as per the following;

a) If the entire election is cancelled, the Director, Student Affairs, in consultation with Deputy Vice

Chancellor, Academic and Student Affairs, will nominate, from among the students‟ body, five (5)

individuals to run the affairs of the Organization, until a new office is elected and sworn in. The

caretaker committee members shall however, not be eligible to vie in the repeat elections.

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b) If the election of the SEC is disrupted, the Speaker of congress shall act as President for a period not

exceeding 21days, or until a new SEC is elected and sworn into office.

ARTICLE 10.13 Election Petition Panel

(a) There shall exist a SOMU petition panel, hereinafter referred to as “Panel” consisting of students

representatives from all campuses of Maseno University chaired by a distinguished member of the public

(other than the supervisor of the elections) appointed by Deputy Vice-Chancellor, Academic and Student

Affairs.

(b) The panel chairman shall be appointed within fifteen (15) days before the date of the elections (polling

day);

(c) The student‟s representatives to the panel shall be appointed by the outgoing SEC officials in

consultation with the Independent Electoral Commission;

(d) The petition must be lodged within three (3) days after the elections and must be signed by at least Two

Hundred and Fifty (250) members for the SEC or Fifty (50+1) constituency members in petitions for the

SC;

(e) The Chairperson of the panel shall notify SOMU members or constituency members of the lodged

petition within forty - eight (48) hours of such lodging;

(f) The panel shall sit to make a ruling on each petition within four (4) days of its lodging;

(g) The petitioner or the respondent may be allowed to have a legal representation when putting his case;

(h) The hearing of the petition shall be inter parties, save when a party fails to attend without any reasonable

excuse in which case an ex parte judgment will be entered.

ARTICLE 10.14 Swearing In

a.) The elected members of the SEC shall be sworn in, in their order by the University Legal Officer or a

lawyer or an appointee of the Legal Officer in conjunction with the Director, Student Affairs, The Returning

Officer and the Deputy Director, Student Affairs. The ceremony shall take place in public place;

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b.) The Congress persons shall be sworn in by the University Legal Officer, or a lawyer or an appointee of

the legal officer within 7 days following the announcement of results by the Independent Electoral

Commission.

c.) The swearing-in oath shall be:

I ………………………………………………………………having been Elected as

the…………………………………………………………………… of

…………………………………………………………………..of the Students‟

Organization of Maseno University do hereby swear and pledge that,

I shall uphold and defend the constitution of SOMU,

I shall seek to defend and respect the democratic - rights and liberties of all SOMU members,

I shall conscientiously exercise my duties with due diligence and competence as provided for in this

constitution without fear or favor, hate or hindrance and without personal biases,

I shall serve all members equally irrespective of race, creed, color, gender, religion or tribe and political

affiliations,

I shall conscientiously discharge the duties of my office (for the SEC members only),

I shall not compromise the rights and privileges of any member, and pledge this with the full Knowledge of

my responsibility and bind myself with the same.

So help me God

Signed by………………………………………………………………………………….

At………………………… on this…………………day of ……………………………..

Before ……………………………. Signature ………………………………………….

University Legal Officer

Before ……………………………………Signature ……………………………………………………

Director Students‟ Affairs

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ARTICLE 10.15 Appointment of the Editor

(a) Within seven days after inauguration of the Stdents' Congress, the Secretary General shall invite

applications from members of the organization for the postion of Editor.

(b) The Secretary General in liaison with the outgoing Editor shall scrutinize the successful applicants who

shall be shortlisted and their names pinned on notice boards as they await the interviewing date; This shall

be done in liaison with The Deputy Director, Student Affairs and Head of the Department of

Communication and Media Technology.

(c) The outgoing editor shall organize and proficiently administer the successful applicants‟ interviewing

process;

(d) Qualifications shall be as per article 7.2 (e) and;

(i) Must have knowledge and skills in media publication and graphic design;

(ii) Competent in Information Technology.

(e) The best three performed candidates shall be presented to the SC for approval;

(f) Upon approval by the SC, the candidates shall be forwarded to the SEC for appointment;

g) The newly appointed editor shall be sworn in the next congressional meeting and assume office.

ARTICLE 10.16 Resignation

(a) Whenever there is an occasion for the resignation of the entire SEC tendered, such resignation, signed by

the entire SEC, shall be tendered by the President on their behalf to the SC;

(b) As may be expressly provided elsewhere in this constitution, in the event of any member of the SEC

wishing to resign, he /she shall tender his resignation in writing to the President giving at least seven (7)

days notice;

(c) Where the President is the one resigning, he/she shall tender his signed resignation letter in person to the

SC;

(d) Where a member of congress seeks to resign, he/she shall tender his /her resignation letter to the

Speaker;

(e) Where the Speaker or Deputy Speaker is the one resigning, he/she shall tender his resignation letter in

person to the congress Secretary.

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CHAPTER ELEVEN

ALTERATION OF LAWS

ARTICLE 11.0 Authority

a) With the approval of the University‟s Senate this constitution can be subject to a process of amendment

and review if three quarters of the members of congress vote for such a resolution. Such a review shall be

subject to a referendum;

b) To amend this constitution, three fourths of the members of the congress must vote for the Amendment

and the University Senate must approve it.

ARTICLE 11.1 Procedures for Amendment

(a) A member intending to move an amendment motion shall register such intent with the Chair House

Business Committee who shall sufficiently cause a notice to be published on the important notice boards;

(b) The intending member shall register intentions with The Chair House Business Committee not less than

seven days preceding the Congress which must be supported by at least One Hundred (100) fully registered

members of SOMU in session;

(c) Such intention shall be in writing.

ARTICLE 11.2 Notice

(a) The Chair House Business Committee upon receiving the amendment motion shall communicate to the

Speaker of Congress who shall summon the congress where there will be a motion moved and debated in

accordance with the laid down procedure;

(b) Congress may, with reasons, accept or reject any motion of amendment upon the fact that it is frivolous,

vexatious, repugnant or inconsistent with the organization‟s constitution or any other law in force in Kenya;

(c) If the mover is dissatisfied he/she shall under the laid down procedure call an SGM.

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ARTICLE 11.3 Procedures for Review

(a) A member intending to move a review motion shall register such intent with The Chair House Business

Committee who shall sufficiently cause a notice to be published on the important notice boards;

(b) The intending member shall register intentions with The Chair House Business Committee not less than

seven days preceding the Congress which must be supported by at least Two Hundred (200) fully registered

members of SOMU in session;

(c) Such intention shall be in writing.

ARTICLE 11.4 Resolutions

(a) Motion successfully amended shall be called “THE AMENDED MOTION”;

(b) Once the vote of each succeeding amendment has been taken, the surviving proposition shall put to the

vote the main question, and if carried, shall become a resolution of the Congress. This shall apply to both

motions of review and amendment;

(c) Amendments that shall have been debated on and voted for shall have the full force of law if two- thirds

(2/3) of all Bonafide members of SOMU in session have voted for it;

(d) If it has been read to all members present by the President and members present have confirmed by way

of “YES” that it is the amended motion for which they voted;

(e) If it has been submitted to and approved by the University Senate and a written endorsement of the

amendment has been received from the Vice Chancellor by the Speaker through the Director Student

Affairs;

(f) The SPC shall come up with rules of procedure and review committee of experts.

ARTICLE 11.5 SOMU Constitution Review Committee (SCRC)

(a) There shall be established SCRC which shall oversee the Constitutional Review;

(b) A SPC on the constitutional review shall be convened by the SC to oversee the convening of the SCRC

and its rules of procedure;

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(c) The SPC shall advertise and invite applications from members of the organization and allow for a period

as would be determined by the SC of the convening of the SCRC and its requirements thereof;

(d) Based on such qualifications: principles of good governance, integrity, and ethics such qualified

members shall be announced to the public through a notice by the speaker of the Congress;

(e) Such qualified members shall not be more than six persons;

(f) The SCRC shall be constituted by

(i) Such six persons qualified under (d) above;

(ii) Deputy Director, Student Affairs;

(iii) President of the sitting government (Chairperson to the SCRC);

(iv)Vice President of the sitting government;

(v) Secretary General of the sitting government;

(vi) Deputy Secretary general (Secretary to the SCRC);

(vii) Speaker of the congress in session;

(viii) University Legal Officer;

(ix) Finance Secretary;

(x) Editor Students‟ Publication (Media Coverage and Final Editing);

(xi) Any other guest as the SEC shall deem fit but who shall not exceed two;

(xii) Director Students Affairs;

(xiii) The Campus Representatives, one from each Campus;

(g) The referendum shall be presided over by the Independent Electoral Commission as provided for in this

Constitution.

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CHAPTER TWELVE

MISCELLANEOUS

ARTICLE 12.0 By-laws and Policies

(a) The SC shall have the power to enact other rules and regulations only for the purposes of effectuating

elections, finance management and other procedure or conduct at meetings;

(b) Subject to this Constitution, the Students‟ Executive Council shall prepare the by-laws and policies

governing the functions of SOMU provided that such rules and regulations shall be enacted with absolute

wisdom and within the confines of this constitution and submit them to Congress for approval;

(c) Any member of Congress may propose a by-law or policy that shall be submitted to the relevant

congressional committee for discussion and then, if approved by that committee, tabled in Congress;

(d) Any member of Congress may propose amendments to existing by-laws, policies, and the various

Clauses annexed to this Constitution, and submit such amendments according to the process detailed in (c)

of this Article;

(e) By-laws and policies approved by Congress shall be binding on all members of SOMU and violators of

these by-laws and policies shall be subject to the disciplinary measures provided for in this Constitution;

(f) Further, the rules and regulations so enacted shall be ratified by the general assembly.

ARTICLE 12.1 Transitional Provisions

a) In case of an aborted election, then the provisions of article 10.12 shall apply;

b) The SEC shall carry out constitutional duties necessary for the proper functioning of SOMU in the

period between dissolution and the inauguration of the new SEC;

c) Within seven (7) days following the electoral commissions‟ announcement of the election results,

there shall be a swearing in ceremony;

d) The same day,the Director Students‟ Affairs shall supervise the handing over of the instruments of

office by the outgoing members of SEC to the incoming members of SEC;

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e) During the handing over ceremony, the following persons shall be present;

i. The Deputy Vice-Chancellor, Academic and Student Affairs;

ii. University Legal Officer ;

iii. Members of the Electoral Commission;

iv. Outgoing members of SEC, whose attendance is mandatory;

v. Incoming members of SEC

f) The Deputy Vice-Chancellor, Academic and Student Affairs, shall inaugurate the newly elected

members of SEC into office;

g) The order of taking office shall be-

i. Inauguration

ii. Handing over

iii. Induction

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SCHEDULE I: CERTIFICATE OF GOOD CONDUCT

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SCHEDULE II: SOMU CODE OF CONDUCT

1. Professionalism must be observed at all times. Role modeling shall be the guiding principle

of this code of conduct.

2. All SOMU officials must maintain high level of integrity at all times

3. All officials are expected to be committed to SOMU. To that end they are answerable to

congress for any assigned duties. Failure to carry out assigned duties is punishable under

this code of conduct.

4. The motto of congress is to provide services to the University students and community.

5. Laid down procedures will be followed by the officials in carrying out their duties as well as

airing their problems.

6. Officials are expected to refrain from activities that will bring SOMU into disrepute. Any

official who does not comply with this code will be subjected to disciplinary measures.

7. Officials should refrain from activities that could be interpreted as a sexual harassment on

their clients. Any official found guilty of this offence may be removed from SOMU as

outlined in the Student Handbook.

8. Possession, using, selling and peddling of the narcotics cocaine, marijuana (bhang)

heroine, miraa and illicit brews (chang’aa, busaa etc) and exhibiting unruly behavior

resulting from their use will warrant the expulsion from SOMU as in article 6.8.

9. Officials are to abide by legislative organs as outline in SOMU constitution. Any official

found guilty of violation of University Rules/Regulations and is suspended or discontinued

by the University will be expelled from SOMU.

10. Any opportunities that come in the way of SOMU would be awarded on merit. Any official

who uses unorthodox methods in trying to get such opportunities will be subject to

disciplinary measures.

11. Any official who deliberately and intentionally provides false information on SOMU will be

subject to disciplinary measures as provided for in the Student Handbook.

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12. Officials are expected to hand in their work manuals during University closures or long

holidays.

13. Officials are expected to abide by the provisions of the SOMU constitution.

14. An official who violates article 10.8 of the SOMU Constitution shall be disqualified from

contesting the elections.

15. An official who does not comply with this code of conduct is subject to disciplinary

measures, which may lead to dismissal from SOMU.

SCHEDULE III : ELECTORAL BOUNDARIES

Siriba Campus

1. Equator Hostels - 1 Representative (Male)

2. Makerere/Elgon/Annexes - 1 Representative (Female)

3. Non –Residents (Siriba and Environs) - 1 Representative

College Campus

4. Kilimanjaro Hostels - 1 Representative (Male)

5. Institutes, Guest House and Annexes - 1 Representative (Female)

6. New Sunrises - 1 Representative (Male)

7. New Sunrises - 1 Representative (Female)

8. Vet Farm - 1 Representative (Male)

9. Vet Farm - 1 Representative (Female)

10. Non-Residents - 1 Representative

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SCHEDULE IV (a) : PAYMENT STRUCTURE FOR ELECTIONS OFFICIALS

Members of Independent Electoral Commission – Kshs 5,000/= per day

Student Representatives to Electoral Commission – Kshs 5,000/= per individual

Airtime Allowances – Kshs 2,000/= per individual

Election Supervisors – Kshs 4,000/= per day

Presiding Officers – Kshs 3,000/= per day

Polling Clerks – Kshs 2,000/= per day

Logistic Officers – Kshs 2,000/= per day

Support Staff, including Central service – Kshs 1,500/= per day

Drivers – Kshs 1,500/= per day

Technical Staff - Kshs 1,500/= per day

NB:- a) The Secretariat of the Independent Electoral Commission will from time to time determine

the number of days worked and the duties of each election official.

b) The payment structure shall be reviewed from time to time by the University

Management.


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