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The Constitution of the

Students‟ Organization of Maseno University

2011

PREAMBLE

We, the students‟ of Maseno University,

Aware that the organization of students at 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 of and determined to abide by the Maseno University Act 2000, the

statutes of Maseno University and the laws of the Republic of Kenya;

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: 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

Maseno University Act 2000, the Maseno University Statutes and the Laws of the Land.

For the purpose of this constitution, Maseno University shall include all faculties, schools, constituent campuses, and

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

ARTICLE 2: Registered Head Office of SOMU

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

University act 2000. 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 3: Interpretation and Abbreviation

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 and include only the duly paid up members;

d) “Graduation Square” shall refer to the Graduation Pavilion situated at Siriba Campus of Maseno University;

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

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

exercise as provided for in Article 73 (f);

g) “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 Article70(a)(i);

h) “Standing Orders” shall mean Rules of Procedure established to govern the conduct of business in meetings;

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

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;

j) “General Assembly” shall be construed mutatis mutandis and the Annual General Meeting/Special General

Meetings;

k) “Student” shall mean as defined in the Maseno University Act 2000 of the Laws of Kenya and have dully

registered as a member;

l) “University” shall refer to Maseno University as defined in the University Act 2000 of the Laws of Kenya;

m) “Yearly” shall carry the same meaning as in Article 3(a) above;

n) “He”, “His”, “President”, and “Man” shall be gender neutral;

o) “Main Campus” shall refer to registered offices of Maseno University in accordance to Maseno University

Act 2000.

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;

t) AAC shall refer to Academic Affairs Committee;

u) SAC shall refer to Security and Accommodation Committee;

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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.

ARTICLE 4: Objectives.

The Objectives of SOMU shall be:

a) To establish an efficient, accountable and transparent Students‟ Organization;

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

fora;

c) 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;

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

all the rights and privileges accruing to students by virtue of their age, status, sex, humanity, citizenship,

nationality and ethnicity as enshrined in the students‟ rules and regulations and University Statutes;

e) To foster peaceful enjoyment of the freedoms, rights, and privileges referred to Article 4(d) above;

f) To foster the spirit of unity and understanding among students, between students and the university

administration, members of the University staff and the general public;

g) To seek and to maintain worthy traditions of academic and social life among its members and to work hand in

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

h) To promote Students‟ Welfare;

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

j) To provide students with suitable opportunities for a healthy social life through the students‟ academic

research, arts, sports and entertainment;

k) To publish and distribute a magazine or other publications in which students can give expressions of their

views, thoughts and creative talents;

l) To raise funds through any lawful means for the purpose of achieving the objectives of SOMU;

m) To advance gender equity;

n) To encourage continued co-operation among former Maseno University students through the alumni

association;

o) To further the integration of persons with special needs in Maseno university and the society;

p) 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.

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CHAPTER TWO

MEMBERSHIP

ARTICLE 5: 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 each Academic Year as part

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

with the university management from time to time.

ARTICLE 6: 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 10.

ARTICLE 7: Suspension

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

Article 34 (b) (v) for a duration deemed just and reasonable and if at the meeting of the Student Congress it is

resolved that such a member should be so suspended only on the grounds that his conduct has adversely

affected the reputation or dignity of SOMU, or that he has contravened any of the provisions of this

constitution;

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 8: Corporate Membership

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

Congress

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CHAPTER THREE

RIGHTS AND OBLIGATIONS

ARTICLE 9: 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 organ of SOMU;

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

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) To one Vote.

ARTICLE 10: 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 be required to honor his or her financial obligations to SOMU.

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CHAPTER FOUR

ORGANS OF ADMINISTRATION

ARTICLE 11: 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 12: Meetings of the AGM and SGM

a) An Annual General meeting shall take place during the last semester of an academic year within 14 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;

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 Dean of students, 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) The Students‟ Executive Council shall decide whether or not the proposed meeting shall take place

stipulating reasons thereof;

k) 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%;

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

Students‟ Congress;

m) The resolutions and decisions of the meeting shall be forwarded to the Dean of students for implementation;

n) Pursuant to Article 24 (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;

i) The quorum for such a meeting shall be one thousand members;

ii) 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.

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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;

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CHAPTER FIVE

STUDENTS‟ CONGRESS

ARTICLE 13: 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 14: Composition of the Students’ Congress

The students‟ congress shall consist of:

a) Members elected in accordance with Article 15;

b) Members nominated in accordance with Article 16;

c) The Students‟ Executive Council.

ARTICLE 15: Elected members of Congress

a) The SEC as per Article 35 of this constitution;

b) Residential Congress Persons elected from Halls of Residence;

c) Undergraduate Faculty /School Congressmen consisting of 2 members of both gender elected by members

of the specific Faculty /School;

d) One (1) Postgraduate Congress representative;

e) One (1) member representing each constituent campus as per Article 46.

ARTICLE 16: Nominated 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;

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

b) One (1) member each from any other registered religious group with the Dean of Students‟ office and with

the approval of the Students‟ congress;

c) One member representing people with special needs (The handicap, deaf, dump etc).

ARTICLE 17: 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 citizen of the Republic of Kenya;

b) Has at least three semesters left for study;

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

d) Students‟ congress person shall have at the time of election and maintain during their term of office a

Cumulative average of at least 50;

e) 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 71 (g);

f) Is within the normal time frame for completion of the degree programme selected at the time of initial

registration.

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ARTICLE 18: 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 Electoral Commission of Maseno University or the Elections petition panel;

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

d) Has received more than two warning letters from the University for contravening the provisions governing

the student conduct as contained in its Statutes, Regulations, Joining Instructions, or current Students

Guide, Handbook on General Information and Conduct on Campus or any subsequent student guides that

replace it;

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

f) Has received an academic warning within the last two semesters;

g) 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.

ARTICLE 19: The 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;

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.

ARTICLE 20: Dean of Students

The Dean of Students 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.

ARTICLE 21: 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;

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;

v) Is found guilty of violating this constitution, the University‟s Statutes, Regulations and Joining

Instructions, or current Students Guide, Handbook on General Information and Conduct on Campus or

any subsequent student guides that replace it;

vi) Has received more than two warning letters from the University for contravening the regulations

governing student conduct as contained in the Statutes;

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

republic;

viii) Is unable to execute the functions of his/her office by reason of infirmity of mind or body;

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

semester.

ARTICLE 22: 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 28 (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) Approve the list of student members appointed to the Electoral Commission;

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 23(b) and (c);

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

Article 20 (b);

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 23: Regulation and Procedure 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) An elected 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 Statutes, Regulations Joining

Instructions, or current Students Guide, Handbook on General Information and Conduct on Campus or

any subsequent student guides that replace it;

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 Dean of Students 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;

vi) Pursuant to Article 12 (n) if congress approves the vote then the Student 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.

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ARTICLE 24: Summoning Congress

The first meeting of congress must take place within the seven days following the inauguration of the Students‟

Executive Council; thereafter the congress secretary in consultation with the Speaker shall convene the

subsequent sittings.

ARTICLE 25: Dissolution of Congress

Congress shall stand dissolved on the day of the return of nomination papers for the next general elections as

determined by the Electoral Commission of Maseno University.

ARTICLE 26: 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;

e) The Dean of Students as ex officio member shall attend the sittings of congress and in his absence he/she

shall send his /her representative;

f) The House Business Committee shall consist of-

i) The Vice Chairman 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;

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

ARTICLE 27: Inauguration of Congress

a) The University Legal Officer or a lawyer 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 28: The 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 21 (c) ceases to be a

member of congress;

iii) The congress as stipulated in Article 23, (b) (c) passes a motion of no confidence in either Speaker or the

Deputy Speaker;

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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.

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

i) Swear in members of congress;

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;

i) 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 29: Congress Secretary

The Congress Secretary Shall –

a) Be the 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.

ARTICLE 30: 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 21 (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 31: 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 22;

b) The regular postgraduate congressperson shall remain in residence at the main campus throughout his/her

term.

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ARTICLE 32: 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;

b) Secret ballot shall be used in voting for special bills;

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

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

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

ARTICLE 33: Congressional Committees

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

Council;

b) Standing committees of the congress shall include-

i) The Academics Affairs Committee (AAC) and Students Publication Committee, which shall be presided

by a Congressperson appointed by SC;

ii) The Security, Accommodations and Committee (SAC) and Health , Environment & Catering

Committee (HECC), presided over by a Congressperson appointed by SC;

iii) The Sports, Games and Entertainment Committee (SGEC)which shall be presided over by a

Congressperson appointed by SC;

iv) The Finance Committee which shall be presided over by the Finance Secretary and shall-

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

management prepare SOMU‟s annual budget;

2) In consultation with office of the Dean of students supervise the balloting for canteens and report on

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

v) Special Probe Committee;

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

follows:

a) Issue not more than two warnings in writing or/and,

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

c) Issue suspensions as stipulated under Article 8.

c) 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‟ Welfare and Director Academic Affairs as mandatory members.

d) All congressional committees shall meet at least once a month;

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

to committees shall be by balloting;

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

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

h) 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 34: 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 35: Composition of the Students’ Executive Council

a) The President of SOMU;

b) The Vice President of SOMU;

c) The Secretary General of SOMU;

d) The Deputy Secretary General of SOMU;

e) The Organizing Secretary of SOMU;

f) The Finance Secretary of SOMU;

g) All Directors;

h) The Editor of the Students‟ Publication, who shall be appointed as per article 80;

i) Campus Chairperson;

j) The Speaker – Ex officio member.

ARTICLE 36: Qualifications for Election to the SEC

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

a) Be a citizen of the republic of Kenya;

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

whose nomination of the member shall be verified in conformity with Article 71 (g);

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 71 (g);

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

d) Have at least three semesters left for study with a minimum of fourteen units;

e) Have, based on the available grades in the member‟s transcripts, an average grade of C in the programme

being undertaken, or a grade of Pass where applicable; with exception of Director Academic Affairs who

must attain an average B in the Transcript;

f) Be within the normal time frame for completion of the degree programme selected at the time of initial

registration;

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

ARTICLE 37: 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;

e) Has received more than two warning letters from the University for contravening the provisions governing

the student conduct as contained in its Statutes, Regulations, Joining Instructions, or current Students

Guide, Handbook on General Information and Conduct on Campus or any subsequent student guides that

replace it;

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

g) Has received an academic warning within the last two semesters.

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ARTICLE 38: 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 Maseno university Act, the University‟s Statutes,

Regulations and Joining Instructions or current Students Guide, Handbook on General Information and

Conduct on Campus or any subsequent student guides that replace it;

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 39: Authority and Responsibility of the Students’ Executive Council

The SEC shall:-

a) Be responsible for controlling the administration and finances of SOMU;

b) Implement the decisions of the SC;

c) 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;

d) Handle, manage or deal with any matter(s) directly affecting or incidental to the governance of SOMU or all

that is envisaged appurtenant thereto;

e) The SEC shall have the powers to appoint members of the Standing Committees;

f) 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;

g) Oversee all SOMU activities.

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

ARTICLE 40: The 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) Be ex-officio member of all the ad hoc and Standing Committees;

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

g) 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 that are in the best interest of SOMU and which shall be reported to congress at its

next meeting;

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;

j) With the consent of the SEC, Congress and the University‟s 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 40 (g) (ii),he/she shall

do so with the full knowledge that an abuse of such powers invites operation of Article 23 (b);

l) To be an automatic member of The University Senate, University Council 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.

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ARTICLE 41: The 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 40 (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) Perform any other duty or duties as the SEC or SC may assign.

ARTICLE 42: The Secretary General

The Secretary General shall:

a) Be the Secretary of SOMU;

b) Be the Secretary of the SEC;

c) Without prejudice to Article 40 (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;

f) Co-signatory of SOMU financial transactions and negotiable instruments not limited to treaties, MOUs and

shall be directly answerable to the SC;

g) Be an automatic representative of SOMU in the University Senate, The University Council, and The

Students Disciplinary Committee unless otherwise;

h) Will act as the SEC official spokesman; communicate the SEC‟s decisions to the members and the

administration;

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

j) Manage and regularly update the SOMU website and liaise with the University‟s public Relations Office;

k) With the authorization of the SEC and the Vice Chancellor, the Secretary General may make public

statements to the media and Institutions outside the University;

l) Maintain and have custody of all correspondence records of SOMU;

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

ARTICLE 43: The 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) Perform any other duty or duties as the SEC or SC may assign.

ARTICLE 44: The Organizing Secretary

The Organizing Secretary shall:

a) Be the Organizing Secretary of SOMU;

b) Organize and coordinate SEC and SC activities;

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

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

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

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

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

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h) Liaise with the office of the Dean of Students in co coordinating the activities of clubs and societies;

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

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

ARTICLE 45: The 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) With 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;

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.

A RTICLE 46: Campus Chairperson

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) 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;

(c) Maintain updated records of discussions with members of the campus

Committee from his/her respective campus;

(d) 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;

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

respective campus;

(f) Collaborate with the respective Authority of his/her respective campus in

Organizing SOMU activities, preparing budget proposals, and managing

Budget expenditure.

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

respective campus;

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

campus.

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

ARTICLE 47: 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 programme.

c) Be an automatic member of all faculty boards;

d) Be an automatic member of the Students‟ Editorial Board;

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e) Be directly answerable to the President;

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

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

ARTICLE 48: Director of Entertainment.

Shall:

a) Be the chairperson of the Entertainment Committee;

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 President;

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

ARTICLE 49: 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) Be in charge of procurement of sports and games equipment in liaison with the SGC subject to approval by

the SEC;

e) Be directly answerable to the President;

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

ARTICLE 50: Director of Security and Accommodation.

Shall:

a) Be the chairperson of the SAC;

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

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

for the same;

d) Be an automatic member of the wardens committee;

e) Be directly answerable to the President;

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

ARTICLE 51: 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 President;

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

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ARTICLE 52: 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) Inform and educate all members of SOMU using the newsletter;

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

d) Be directly answerable to the President;

e) Oversee the printing, publishing, sale and distribution of the newsletter in liaison with the SEC;

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

ARTICLE 53: The Hall Congresspersons.

Shall:

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

authorities appertaining general accommodation welfare;

b) Members of the SC;

c) Chairpersons of Security committees in their jurisdictions;

d) Members of the SAC.

ARTICLE 54: Faculty /School, Congresspersons

Shall-

a) Be members of the SC;

b) Receive grievances from members of their respective Faculties;

c) Members of AAC

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

ARTICLE 55: 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

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CHAPTER EIGHT

STANDING COMMITTEES

ARTICLE 56: Composition of the Standing Committees

a) Academic Affairs Committee herein referred to as AAC;

b) Health, Environment and Catering Committee herein referred to as HECC;

c) Security and Accommodation Committee herein referred to as SAC;

d) Sports and Games Committee herein referred to as SGC;

e) Entertainment Committee herein referred to as EC.

f) Finance Committee herein referred to as FC;

g) Any other Standing Committee appointed by the SEC subject to approval by the SC.

ARTICLE 57: Functions of the Standing Committees.

a) The AAC shall: -

(i) Comprise of Faculties/School Congresspersons and chaired by the Director Academic Affairs;

(ii) Discuss and address issues as may arise directly touching on the academic interests of SOMU members ,

ensure that members have access to relevant information from time to time;

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

services;

(iv) Promote awareness among members regarding student related policies, procedures and regulations of

the University;

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

respective schools;

(vi) 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.

c) The SAC shall: -

(i) Comprise of Hall congresspersons‟ chaired by the Director Security and Accommodation;

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

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

accommodation, health and Environment issues;

d) The SGC shall: -

(i) Comprise of all captains of various sports, games, chaired by the Director Sports and Games;

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

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

(iv) Mandated to come up with policies, rules and regulations concerning sports and games.

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e) The EC shall: -

(i) Identify and draw entertainment programs and budgetary allocations for submission to the SEC for

approval and implementation;

(ii) Organize Entertainment programs;

f) 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;

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 programmes 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

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CHAPTER NINE

FINANCE AND EXPENDITURE

ARTICLE 58: 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 59: Collection of Revenue

a) SOMU funds shall be collected and transferred to the SOMU vote in the University‟s Finance Department

in the manner prescribed by the University‟s management;

b) Membership fee shall be paid once a year.

ARTICLE 60: Expenditure

a) All monies 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 Dean of Students for

expenditures according to the schedule and expenditures determined at the beginning of the semester;

c) In case of an emergency, the SEC may in consultation with the Dean of Students and approval of the DVC

Administration and Finance authorize an expenditure not provided for in the approved budget;

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

and procurement procedures;

e) Claims for reimbursement after a prior approval by the Dean of Students shall be directed to the Finance

Secretary who shall raise money for the same.

ARTICLE 61: Execution of the SOMU Account

The Signatories of the SOMU account shall be –

a) The Finance Secretary, a mandatory signatory

b) The Dean of Students, a mandatory signatory

c) The President

d) The Director Student Welfare Services.

ARTICLE 62: Custody of Assets.

The custody of the assets of SOMU shall be vested in the Finance Secretary who shall dispose of them in

consultation with the Dean of Students as per the procurement regulation governing Maseno University.

ARTICLE63: Financial Year.

The financial year of SOMU shall be an Academic Year

ARTICLE 64: Annual Accounts.

The Finance Secretary shall prepare annual accounts and table them at the AGM after they have been audited

and such accounts shall be signed by the President and the Finance Secretary, and in the absence of the Finance

Secretary any other member of the FC.

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ARTICLE 65: 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 may consider

necessary for the purpose of his audit;

b) The Vice-Chancellor shall appoint the Auditor.

ARTICLE 66: 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;

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

c) Annual Subscription.

All organizations after having so affiliated shall remit to SOMU Finance Secretary an annual subscription of

Ksh 1,500/= (One Thousand Five Hundred Only) and as may be determined from time to time by the SC.

d) Right.

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

approval of the SC.

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CHAPTER TEN

ELECTIONS AND BY-ELECTIONS

ARTICLE 67: 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 Electoral Commission of Maseno University shall have the power to formulate rules and regulations for

the proper conduct of elections and the implementation of this chapter.

ARTICLE 68: Election of SOMU Officials

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

Electoral Commission‟s rules and regulations.

ARTICLE 69: Composition of the Electoral Commission of SOMU

(a) Permanent Members

Shall comprise:

i) Returning officer who shall be the chairperson of the Commission.

ii) Deputy Returning Officer.

iii) The Dean of Students who shall be responsible for the administrative and financial matters of the

commission.

iv) The Registrar Academic affairs.

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

vi) The University Security Officer.

(b) Returning and/or Deputy Returning officer

(i) The outgoing SEC shall nominate four names for the position of the Returning Officer and his/her

Deputy and forward them to Vice Chancellor who shall appoint suitable candidates.

(ii) The nominees shall be Academic/Administrative members of staff.

(c) Interim Members

Shall comprise:

(i) Four members elected by religious groups each of which shall annually alternate its appointment on the

basis of gender as per Article 16 (a);

(ii) Two final year members, one of whom must be a female known for their integrity, nominated by the

SEC and approved by SC.

(d) Caretaker Committee

In the event that there is no outgoing SEC the Deputy Vice Chancellor Academic 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 a) (i) above.

ARTICLE 70: Ineligibility for the 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 electoral commission.

ARTICLE 71: Authority and Responsibility of the Electoral Commission

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

a) Conduct and supervise SOMU elections;

b) Promote free and fair elections;

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

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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 17,18,36,and 37, 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 statutes, Regulations, joining instructions, this Constitution, the current Students guide

Handbook on General information and conduct on Campus or any subsequent student guides that shall

replace it and the electoral code;

l) Regulate methods of campaigning;

m) Provide a voting procedure that is understandable and precise;

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

o) Conduct the elections for Faculty/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.

ARTICLE 72: Election Procedure

a) The Electoral Commission through the office of the Dean of Students shall -

i) Declare all positions open for contest;

ii) Announce the dates for elections;

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;

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

upon garnering one third of votes cast;

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

signed statement of withdrawal to the Electoral Commission;

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

thereafter only one of the candidates‟ agents 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;

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

i) 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;

j) The Vice Chancellor shall officially communicate the results of the elections to the University community.

ARTICLE 73: 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 74: Election Offenses

a) The 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;

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) Campaigning 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 Electoral Commission convicts a winning candidate of a campaign offense, then it shall declare the

candidate with the next highest number of votes to be the winner.

ARTICLE 75: 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, 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 72 (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;

d) Depending on the circumstances of the vacancy, Congress shall advise the Electoral Commission on steps to

be taken in holding the by election.

ARTICLE 76: Rerun of Elections

a) If candidates in an election tie in the vote tally, the Chairperson of the 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) The |Electoral Commission nullifies an election; the Chairperson of the Electoral Commission shall declare

a rerun of the election and set a date for the rerun.

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ARTICLE 77: Dismissal of interim Members of the Electoral Commission

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

dismiss the interim members of the commission and submit the election returns to the Vice Chancellor.

ARTICLE 78: 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 SOMU outgoing SEC with the advice of the

outgoing SC;

(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 Electoral Commission;

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

Hundred fifty (150) members for the SEC or Fifty (50) constituency members in petitions for the SC;

(e) The chairman 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 79: SWEARING IN.

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

lawyer in conjunction with the Dean of Students, Returning Officer and the Director Students‟ Welfare

Services. The ceremony shall take place in public place;

b.) The Congress persons shall be sworn in by the University Legal Officer, and/or a lawyer;

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

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

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

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

University Legal Officer

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

Dean of Students

ARTICLE 80: Appointment of the Editor

(a) Within seven days after inauguration of the congress, the Secretary General shall invite applications from

members of the organization;

(b) Congress shall constitute an SPC to interview the successful applicants who shall be shortlisted and their

names pinned on notice boards;

(c) Qualifications shall be –

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

(ii) Competent in information technology;

(d) Shortlisted candidates shall be presented to the SC;

(e) Upon approval by the SC, the candidates shall be forwarded to the SEC for appointment to be sworn in the

next congressional meeting and assume office.

ARTICLE 81: 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 82: 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 83: Procedure for Amendment

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

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

(b) The intending member shall register intentions with the Secretary General 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 84: Notice

(a) Secretary General 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.

ARTICLE 85: Procedure for Review

(a) A member intending to move a review motion shall register such intent with the Secretary General who

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

(b) The intending member shall register intentions with the Secretary General 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 86: Notice

(a) Secretary General upon receiving the review 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 review 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.

ARTICLE 87: Resolution

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

(b) Once vote of each a 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;

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(c) Amendment that shall have been debated on and voted 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‟s the amend 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 Dean of Students;

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

ARTICLE 88: The 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;

(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) The Dean of Students‟;

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

(iv) The Vice President of the sitting government;

(v) The Secretary General of the sitting government;

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

(vii) The speaker of the congress in session;

(viii) The university legal officer (optional);

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

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

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CHAPTER TWELVE

MISCELLANEOUS

ARTICLE 89: 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 90: Transitional Provisions

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

between the return of nomination papers and the inauguration of the new SEC;

(b) During three days following the electoral commissions‟ announcement of the election results, there shall be

a swearing in ceremony;

(c) The same day, the Dean of Students‟ shall supervise the handing over of the instruments of office by the

outgoing members of SEC to the incoming members of SEC;

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

i) Dean of Students‟

ii) University Security Officer

iii) Outgoing members of SEC- whose attendance is mandatory

iv) Incoming members of SEC

(e) The Vice Chancellor shall inaugurate the newly elected members of SEC into office;

(f) The order of taking over office shall be –

i) Inauguration

ii) Handing over

iii) Induction

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THE SOMU CONSTITUTION REVIEW COMMITTEE (SCRC) 2011

Committee members at Paradise Hotel in Busia

1. Eliud Chemaget Committee Chairman …………………….

2. Kevin Oyugi Committee Secretary …………………….

3. Joseph M. Kivunja Member …………………….

4. Dome E. Bwire Member …………………….

5. Sammy Kipkorir Member …………………….

6. Rachael Dongo Member …………………….

7. Wilfred Koech Member …………………….

8. Stephen Olago Member …………………….

9. Charity Yatich Member …………………….

10. Molly Mwangi Member …………………….

11. Edward E. Olela Dean of Students …………………….

12. Elizabeth Ayoo Legal Officer ……………………..