NEDP Constitution

There is hereby established a Political Party known as National Economic Development Party (NEDP) (herein referred to as the “Party” whose abbreviation is (NEDP)

NEDP Logo

Description: The (NEDP) Party Symbol is Magnifying Glass.

Slogan is “Uchumi na Mwanainchi”.

Party flag

The color of the flag is Light Blue, White and Maroon, with the emblem at the center.

Party colors

The colours of the party are Light Blue, White and Maroon.

To galvanize support of the citizenry as required by the constitution to form a just and democratically elected government so as to implement the ideology, vision, objectives, vision, policies and programs of the party at both National and County levels of Government.

To encourage patriotism, nationalism, economic and political awareness of all Kenyan citizens by encouraging people centered leadership and promote active participation in all spheres especially in production driven development and good governance.

To pursue, protect, uphold and promote civil, political, economic production, religious, socio-cultural rights and freedoms of individuals and special groups as defined in the Constitution of Kenya and as well as international, regional and national human rights instruments.

To promote, grow, entrench and sustain a fully production driven economy, providing decent and full employment for all Kenyans, with higher incomes and ability to provide for the basic humans needs of modern life thereby enabling the country to grow into a fully-fledged democracy.

To pursue equal right of participation in universal trade geared towards equal economic and social development for all people.

To promote and advocate for free and universal sharing, acquisition and transfer of technology across global societies and to promote the elimination and abolition of technology transfer barriers so as to support and sustain the global advancement towards unrestrained attainment of free, fair, just and sustainable development globally.

To support the programmes of United Nations, International Organizations, development partners and direct foreign investments that support technological skills transfer especially those that aid mass agricultural production, raw materials production and processing as well as manufacturing of consumer goods.

To mobilize and promote African, sub-regional and regional unity, cooperation, integration and development towards reforms in Kenya’s economic organization, giving priority to production driven economy, trade in manufactured goods, full employment creation and prosperity for all.

To support, encourage and oversight county governments to implement Article 174 (d, f and i) of the constitution and to fully utilize the resources in the counties to establish themselves as industry based economic hubs of Kenya.

To facilitate, support and ensure that each ward in the counties becomes a major production hub creating employment for thousands of workers in decent employment in processing of raw materials, modern production and finished goods for consumers.

To encourage, promote and sustain education as a key factor in ensuring sustainable production-based reforms, where all learners at all levels, will emerge as production geared technological managers and professionals to enable the country overcome economic, social and technological challenges fully.

To develop and implement policies that will eradicate poverty through a transition from the existing service dominated consumer economy to a producer economy.

To protect and defend the sovereignty, unity and dignity of the Republic of Kenya and its Constitution.

To protect and promote the principal of separation of powers as well devolution and decentralization of power, strengthening county governments and ensuring timely and equal distribution of resources for efficient delivery of services to the citizenry.

To promote social justice and eliminate all forms of discrimination, marginalization, inequalities and imbalances across social groups, regions and counties.

To identify, protect, promote, train and empower the effective participation of youth, women, persons living with disabilities, minorities and marginalized groups in the party organs, structures, governance and development institutions in the country.

To protect the rights of children and other vulnerable groups against abuse and discrimination and support through affirmative action programmes ensuring the security, equity and equality for all.

To promote world peace and abolishing of all forms of oppression, racism, negative ethnicity, negative ethnicity, all forms of discrimination and exploitation.

To promote, protect and defend the country from environmental degradation, exploitation of natural resources, and destruction of catchment areas and undertake all other mitigation factors related to safeguarding our environment and climate change.

VISION

A nation where all citizens enjoy full expression of the economic, political, social, religious and cultural rights and freedoms, as enshrined in the constitution.

MISSION.

To enhance a just, economic and socially empowered, fully - fledged democratic state and society, in which all Kenyans have the ability to provide for the basic humans needs of modern life and have access to equal opportunities built on the pillars of economic and social justice, equity and equality, good governance and national unity.

GUIDING PRINCIPLES AND VALUES.

The following shall be the guiding principles and values for the Party. These are:

Constitutionalism

Rule of Law

Respect for human rights and freedoms

Integrity

Social justice

Devolution of power, resources and opportunities.

Equity, Equality and Inclusivity

National Unity

Accountability and Transparency

Meaningful Citizens Empowerment and Participation in governance and decision making.

The registered office of the Party shall be at:

Ramco Court, Mombasa Road, Flat no. B11

The Postal Address shall be P. O. Box 20322 - 00200 Nairobi.

The party shall establish branches within Kenya and the Diaspora. The branches at regional, county and sub-county levels or any other office will be as determined by the National Executive Committee.

Eligibility for Membership of the Party

Any citizen of Kenya who has a attained the age of eighteen years and is a holder of a Valid National Identity Card and who commits to adhere to the ideology, vision, aims, objectives, policies, programs, directives and discipline of the party, shall be eligible to become a member of the Party.

Members eligible under 6 (a)(i) above shall be required to register as members and pay non-refundable membership fees as may be determined by the National Executive Council (NEC) from time to time.

In addition to the payment of membership fees, the party secretariat shall provide registration forms to be filled upon application for membership and shall have the discretion to accept or decline an application or revoke existing membership from any person, for reasons that the National Executive Committee (NEC) may direct especially on violation of laws of the land and/or the party constitution, rules and regulations. Any such decline or revocation may be reviewed by NEC whose decision shall be final.

Any member who ceases to be a member of the party for whatever reason shall not be entitled to the refund of any membership fees and/or contributions made to the party.

Each member upon receipt of membership fees into the party accounts shall be issued with an acknowledgement receipt and a Unique Membership Identification Number which shall be indicated on the Membership Card. The receipt, membership number and membership card shall be proof of membership.

Each registered member shall be entered in the party register of members which shall be kept in the custody of the Secretariat.

The National Executive Committee shall have the power to waive partially or fully any membership fees in respect of any disadvantaged categories of persons who have applied for a waiver and have complied with all other membership requirements.

Categories of Membership

6.1 Subject to any change or variation by the National Executive Committee the party membership shall be categorized as follows:

Founder membership

Ordinary membership

Life membership

Affiliated membership

Party Representative membership

Honorary membership

Founder membership shall be restricted to individuals who are the initial subscribers to this constitution and/or contributed in cash or in kind to the initial set up of the party in its first year of existence and whose names shall be entered in the Founder Members Register.

Ordinary membership shall apply only to members residing within Kenya. All the other categories are open to all Kenyans regardless of their domicile. The membership and annual subscription fees will be applicable to all categories and will be determined by the National Executive Committee from time to time.

Life membership shall be open to individuals upon payment of the membership and annual subscription fees as are determined by the National Executive Council (NEC). All persons seeking any elective and nomination positions within the party organs at National, Regional, Branch, Sub-branch and Ward levels as well as those seeking party nominations for any elective and nomination positions at all levels of National and County Governments must be fully paid-up life members of the party.

Affiliate membership shall be open to Organizations or Group of Persons including Trade Unions, Professional Associations, Cooperative Societies, Student Unions, Sacco’s, Community Based Organizations’ and other groups which subscribe to the party’s policies, ideologies, principles, aims and objectives. Requisite annual membership fees as determined by the National Executive Committee shall apply.

Party Representative Membership shall be in four categories and will be applicable to any persons seeking nominations from the party or persons elected or nominated on the party ticket to the corresponding positions:

Bronze – Ward, Sub - Branch and Branch Executive Members

Silver – County Executive Members

Diamond – All Regional, Diaspora and National Leaders, NGC, NEC, NEB and any other category that may be determined by NEC.

Gold - Founder Members, Summit Members, Honorary Members, Affiliate Members and any such persons or groups as may be determined by NEC.

Honorary membership may be granted to any person who has demonstrated unwavering commitment to the policies, ideologies, principles, aims and objectives, provided that nothing under this provision shall preclude the National Executive Committee from conferring or withdrawing such membership.

A member may make an application to convert from one membership category to another, with the exception of founder membership and honorary membership, provided that he/she has met the requisite requirements of such membership. Such a conversion shall be with the approval of The National Executive Committee.

No persons with unpaid membership and/or overdue annual subscription will be eligible for any party nominations or elections.

The party shall maintain a membership register that shall contain the following details of the individual member:

Name

Gender

Age

Ethnicity

County of birth

Occupation

Copy of Valid National Identification/Passport

Voter’s Registration details

The party shall continuously update the membership register.

Resignation, Suspension and Termination of Membership

A member shall cease being a member upon death, resignation, by operation of any prescribed law, revocation or termination of membership.

A member shall resign or be deemed to have resigned if he/she:

Tenders a duly signed letter of resignation to the Secretary General.

Promotes the ideology, interests, policies or activities of another Political Party EXCEPT where such a political party has entered into a structured formal agreement with NEDP for political partnership AND where the party has communicated such arrangement and partnership through the official structure of communication to the party membership AND only to the extent of the partnership agreement.

Conducts himself/herself in a manner that brings the Party to disrepute and NEC resolves to revoke his/her membership.

Contravenes Party Constitution, Ideology, Aims, Policies, Objects and the Code of Conduct and/or the Pledge of Commitment.

Forms and/or joins in the formation of another political party.

Joins another political party.

In any other way or manner, publicly advocates for the formation of another political party.

The Rights and Duties of Members

Rights of Members

In respect and recognition of the provisions in the Political Parties Act and the Political Rights of citizens contained in the Bill of Rights of the Constitution of Kenya; all members have the right to the following rights subject to the laid down Party’s rules and regulations provided for by Party organs: -

Generate or engage in debates on issues that affect the citizenry at any party forum as long as the issue is raised following the established protocol and procedures of the Party.

Participate in the National Economic Development Party (NEDP) Polling Centre Conventions and be elected as a delegate to the National Delegates Convention of the Party.

Participate in the election of the Polling Centre Executive Committee and to contest for any post within the Party and in the general/ by elections in the Country within the established party framework.

Participate in all members’ meetings at the Polling Centre level or any other level open for party members.

Access to information from the local unit of the Party or Headquarters in line with the provisions of the Constitution in Article 35 on freedom of access to information held by the state or any other institution of governance. He/she can access all party documents and buy copies of the same from the authorized officials.

Participate through the relevant Party organs in the Party nomination process for identification of National Economic Development Party (NEDP) candidates for all elective positions in accordance with the Party’s Election/Nomination Rules and Procedures.

Contribute to the policy making process of the Party, including the development of Policy Papers, Party Manifesto, Election Platforms, through the various Organs of the Party.

Participate in the Party outreach activities, including campaigns and meet the people tours by national and/or local leaders.

Duties of Members.

A member of the Party shall: -

Adhere to the Party Constitution and any other rules and regulations formulated by the Party Organs.

Subscribe to (NEDP) ideology, vision, aims, objects and Pledge of Commitment.

Participate in the election of Party officials according to (NEDP) Party Election Rules, Regulations and Procedures.

Participate in the nomination of Party candidates for all elective positions in accordance with (NEDP)Elections/Nomination Rules and Procedures.

Regularly, actively and effectively participate in all Party members meetings and activities.

Shall participate in Party outreach and membership recruitment drives.

Contribute to the Party both time and resources.

Demonstrate commitment and loyalty to the Party.

Voluntarily pay membership fee and renew annual subscription fee.

Be a loyal and dedicated marketing agent of the Party.

Be committed to implement all Party resolutions and decisions.

Conduct himself/ herself with respect and decorum at all times.

Campaign and Vote for the Party’s and/or Coalition candidates as directed by the party leadership at the General elections or by-elections.

Be a responsible member of the Party and a responsible citizen of the Nation.

Defend the policies, agenda, manifesto and leadership of the Party.

Membership Register

The membership register shall be held at the National Secretariat in the custody of the Secretary General. The Branch secretaries shall be the custodians of the Branch membership register. The membership register shall contain details as provided by law and in conformity with the Political Parties’ Act. The office of the Secretary General shall have a corresponding register with one kept at each of the Party branches countrywide and shall ensure that there is continuous updating of the register to reflect the changes in the party membership.

Introduction

The National Governing Council (NGC) of National Economic Development Party (NEDP) shall constitute of The Summit/Board of Trustees (A) and (B) National Executive Committee (NEC).

Only Fully paid-up GOLD members shall qualify for Summit/TRUSTEE leadership and Diamond members for National Executive Committee (NEC) leadership.

The substantive office bearer shall be the final authority on any issue where there are divergent positions with the deputy or deputies assisting him/her and that will be the position of the office.

Where a decision is to be made by the governing body, the Summit and NEC may hold a joint committee meeting convened by the Party leader who shall preside over the meeting. Where a joint meeting is not held, NEC may deliberate on the issues and the resolutions be presented to the summit for approval. The Summit upon deliberations may confirm or vary the resolutions and its decision shall be the decision of the governing body.

The positions and titles of officials of the governing body are: -

NATIONAL GOVERNING COUNCIL

This will comprise the Summit members and NEC

The Quorum should be 1/3 of the total membership. If quorum is not met in two consecutive meetings, the summit will be allowed to make decisions on the issues at hand.

SUMMIT/BOARD OF TRUSTEES

Composition of the Summit

The Summit/Board of Trustees of the party shall comprise of the following officials:

Party Leader

1st Deputy Party Leader

National Chairperson;

Six other officials appointed jointly by the Party Leader, National Chairperson and 1st Deputy Party leader

Executive Director who shall be ex-officio.

Quorum

This should be 2/3. In case there is no quorum in two consecutive meetings, the matter will be taken to NEC for deliberation.

Functions and Powers of the Summit:

The Summit/Board of Trustees of the party shall be responsible for the following:

Appointment of 10 (Ten) Sector Secretaries to sit in the NEC.

Approving any decisions of the NEC that require ratification by the NDC

Propagate and propose party policies, activities, strategies, charters, opinions, advisories and other materials for consideration by the NEC.

Manage the assets of the party in line with Article 18 of this Constitution.

Fill any vacancies that may arise in the NEC

Propose representatives of the party to various forums and other organizations which the Party relates to;

Formulate the agenda for NEC.

To approve the terms and conditions of service of the national, regional, branch, and sub-branch secretariat including the positions and terms for other full-time and part time employees as proposed by the secretariat.

Help in resource mobilization

The Summit shall meet on a need-to-need basis.

Vacancies in Summit

Any vacancy arising in the Summit/Trustees shall be filled by the remaining Summit members/Trustees and ratified by NDC

NATIONAL EXECUTIVE COMMITTEE (NEC)

Composition of NEC

NO

DESIGNATION

1.

Party Leader

2.

1st Deputy Party Leader

3.

2nd Deputy Party Leader

4.

3rd Deputy Party Leader

5.

4th Deputy Party Leader

6.

National Chairperson

7.

1st Deputy National Chairperson

8.

2nd Deputy National Chairperson

9

3rd Deputy National Chairperson

10.

Secretary General

11.

1st Deputy Secretary General

12.

2nd Deputy Secretary General

13.

3rd Deputy Secretary General

14.

National Organizing Secretary

15.

1st Deputy Organizing Secretary

16

2nd Deputy Organizing Secretary

17

3rd Deputy Organizing Secretary

18

National Treasurer

19

1st Deputy National Treasurer

20

2nd Deputy National Treasurer

21

3rd Deputy National Treasurer

22

National Women League Chairlady

23

1st National Women League Deputy Chairlady

24

2nd National Women League Deputy Chairlady

25

3rd National Women League Deputy Chairlady

26

National Youth League Chairperson

27

1st National Deputy Youth League Chairperson

28

2nd National Deputy Youth League Chairperson

29

3rd National Deputy Youth League Chairperson

30.

National PWD Chairperson

31

1st Deputy National PWD Chairperson

32

2nd Deputy National PWD Chairperson

33

3rd Deputy National PWD Chairperson

34

Ten (10) Sector Secretaries

35

Executive Director (Ex-Officio)

Powers and Duties of the National Executive Committee (NEC)

The National Executive Committee shall have powers to:

To formulate policy proposals for consideration, ratification and/or approval by the NDC.

To provide direction and guidance to the national secretariat in accordance with the party policies.

To ensure that the decisions of the NDC, Summit, and other party organs are implemented and party policies adhered to.

To propagate party policies.

To supervise the administration of the party at all levels and to direct such activities as shall further the objectives of the party.

To work hand in hand with the other organs of the party to ensure harmony and cohesiveness of the activities and decisions of the party.

To appoint committees to carry out specific functions for consideration and adoption by NEC.

To receive, consider, approve and/ or reject, implement reports from various organs, committees and to advise the Summit accordingly on the reports and the recommendations.

To propose rules and regulations for compliance with national laws and the party constitution to the summit for approval and adoption.

To prepare party reports quarterly, semi and annual financial report.

To propose dates, the agenda, reports, delegates and venues for the NDC meetings for consideration

To perform other functions that may be assigned to it by NDC and other party organs.

To oversee the establishment of party organs, structures, branches including diaspora.

To maintain discipline in the party and to propose to the summit suspension or dismissal of a party official for gross misconduct provided that the official shall be accorded fair hearing and exhaust internal disputes mechanisms set by the party.

To hear appeals from the party disciplinary committee and disputes tribunal.

The NEC shall have its meetings quarterly or as often as may be necessary to effectively discharge its functions

Qualifications for elections as member of NEC

The qualifications of the members who are contesting position in the governing body should be above eighteen years and should be Members who have experience with leadership of political parties, which will be upgraded yearly.

Election of officials

The Election of Officials shall be conducted on the guiding principle that at least one third shall be of either gender.

All NEC members save for the 10 (Ten) Sector Secretaries shall be elected by the National Delegates Conference. All NEC Officials shall hold office for a term of five years.

In the event that the position of Party Leader is vacant or he/she unable to discharge of his or her duties by reason of physical or mental infirmity, death, resignation or where he or she ceases to be a Party member or a Member of Parliament, the 1st Deputy Party Leader shall assume all the duties and functions of the Party Leader pending filling of that position by the Summit.

Elections shall be through secret ballot or any other method of voting acceptable to the delegates in session and, where an office is contested by more than one candidate, the vote shall be decided by a simple majority. Where only one candidate is nominated to an office at the close of the nominations, that candidate shall be declared duly elected to the office for which he/she was nominated. Nomination of all candidates shall be in the prescribed form.

Any National Official may attend any meeting(s) organized by the Branch as an ex-officio member.

Duties of NEC Officials

The Party Leader

There will be the Party Leader who will be;

Be the head of Party affairs. He/she shall provide overall leadership; ensure unity and efficiency within the Party.

Promote national cohesion and integration of all the Party members in the national development.

Articulate Party’s aspirations and charter a clear strategy for the achievement of such aspiration or implementation of Party’s objects.

Champion the Party’s campaign to form the next Government.

Offer leadership, political direction, and guidance to the Party in the discharge of its mandate.

Lead the Party at political negotiations to form a working coalition with any other Party(ies) with the sole purpose of forming the next Government as may be desirable in the circumstance.

Provide and promote political harmony to National Officials or Party members on any matter in dispute or under controversy within any Party organ or amongst Party members.

The Party Leader may attend or summon a meeting of any organ of the Party at any time.

1st Deputy Party Leader –Resource Mobilization, Strategy and operations

The Deputy Party Leader- Operations shall be the Principal Assistant to the Party Leader and shall: -

Carry out the duties of the Party Leader in his/her absence.

Deputize the Party Leader and shall perform such duties and functions as might be expressly delegated to him/her by the Party Leader.

Under the direction of the Party Leader, assist the Party Leader in all matters pertaining to logistics and operations; oversee administrative operations of Party organs at all levels.

In the absence of the Party Leader, the 1st Deputy Party leader shall act as the Party Leader.

2nd Deputy Party Leader – Programmes

The Deputy Party Leader- Programmes and Strategy shall: -

Oversee the implementation of all programmes of the party.

Deputize the Party Leader and shall perform such duties and functions as might be expressly delegated to him/her by the Party Leader.

Under the direction of the Party Leader, assist the Party leader in matters relating to Programmes co-ordination and liaison with other political parties

Under the direction of the Party Leader, assist Party leader in matters relating to party administration and programmes.

3rd Deputy party Leader- Membership Mobilization and compliance

He or she will oversee membership mobilization and compliance with ORPP.

4th Deputy Party Leader – Elections and Political Outreach

The Deputy Party Leader Elections and Political Outreach shall oversee the party’s election strategy and leading the party’s political campaign efforts.

National Chairperson

The National Chairperson shall: -

To provide leadership and oversee overall management and running of the Party affairs.

To articulate and defend Party policies.

To instill onto members a sense of loyalty and patriotism to the objects, policies and programmes of the Party.

To ensure discipline and proper order within the Party in accordance with the Party’s Constitution.

To impart onto Party membership the need to adhere to Party objects, policies programmes and laws made under this Constitution.

To forge a strong sense of unity within Party organs

To convene and preside over National Executive Committee meetings.

To preside over the National Delegates Conference and any other meetings requiring his attendance.

To ensure order at all meetings of the Party organs.

To consult and take counsel from Party Leader on any matter in dispute or under controversy within any Party organ or amongst Party members.

1st Deputy National Chairperson – Strategy and Resource Mobilization

The 1st Deputy National Chairperson shall: -

Assist the National Chairperson in the discharge of his/her duties and in the absence of the National Chairperson, the 1st Deputy National Chairperson shall assume the role in acting capacity.

Undertake the functions assigned to them by the governing body’s structure in assisting the National Chairperson in the discharge of the mandate of the office.

Perform any other duty assigned by the Chairperson, party leadership and other organs.

Support Party Strategy and resource mobilization.

2nd Deputy National Chairperson – Programmes

The 2nd Deputy National Chairperson Programmes and Strategy shall: -

Oversee the implementation of all programmes of the party.

Deputize the National Chairperson and shall perform such duties and functions as might be expressly delegated to him/her by the Party Leader.

Under the direction of the National Chairperson, assist in matters relating to co-ordination, liaison with other political parties and lead on strategies to popularize the Party at all levels.

Under the direction of the National Chairperson, assist in matters relating to party administration, party policies and programmes.

Implement strategic discourse and activities at all levels that facilitates timely response to regional and national needs.

3rd Deputy National Chairperson – Elections and Political Outreach

The Deputy National Chairperson Elections and Political Outreach shall assist the party in ensuring the party’s election strategy and coordinate all matters relating to the party’s political campaign efforts.

Secretary General (SG).

The Secretary General shall: -

Be the secretary to NEC and spokesperson of the party.

Ensure that meetings of the National Delegates Convention (NDC), National Governing Council (NGC), National Executive Committee (NEC) and take place as provided for in this constitution.

Cause the National Secretariat to keep proper party records including minutes of all meetings and inventory of property/assets of the Party and ensure the distribution of such minutes to persons or organs concerned once they are approved.

Hold a meeting at least once every fortnight with the Secretariat.

Prepare a calendar of meetings of NDC, NEC, among others, including the Secretariat.

Enforce party discipline and fidelity to the party constitution, ideology, objectives, aims and vision.

Articulate and propagate party policy and position as directed by the summit.

Ensure party visibility, good publicity, national activation, continuous membership recruitment, civic and voter education, legal representation and all other safeguards to protect the party constitution and ideology internally and externally.

Seek policy direction or any other decision, guidance or intervention of an urgent nature from the summit.

1st Deputy Secretary General- Operations

The Deputy Secretary General (DSG) will: -

Assist the SG in all duties pertaining to that office and the 1st Deputy Secretary General shall assume such duties in the absence of the SG in acting capacity.

Undertake the functions assigned to them by the governing body’s structure in assisting the Secretary General in the discharge of the mandate of the office.

Perform any other duty as assigned by the SG.

2nd Deputy Secretary General - Membership Recruitment

Assist the Secretary General in overseeing all membership recruitment drives.

3rd Deputy Secretary General - Compliance

Assist the Secretary General in ensuring that the party is compliant with all requirements of the law and regulatory agencies such as ORPP, IEBC, Data Commissioner etc.

National Treasurer.

The National Treasurer shall: -

Develop and Coordinate resource mobilization drives and fund-raising activities of the Party.

Develop budgets for party programs, functions and activities in a timely manner for resource mobilization and approval by NEC.

Be in charge of the Party’s financial affairs, and be responsible for the Summit’s and National Secretariat’s financial requirements and transactions under the direction of the Party Leader, 1stDeputy Party Leader, National Chairperson and the SG.

Prepare or cause the preparation of, and submit to the National Executive Committee financial statements every quarter of the year, and shall ensure that duly audited Annual Statement of Account is circulated to the Branch Executive Committee.

Create a time table for resource mobilization and/or fundraising activities of the Party for the whole year.

Maintain an inventory of all partners and well wishes, co-ordinate their activities thereon and report to NEC.

1st Deputy National Treasurer – Accounts and Records

The Deputy National Treasurer shall: -

Assist the National Treasurer in all duties pertaining to that office and the 1st Deputy Treasurer shall assume all such duties in the former’s absence in acting capacity.

Undertake the functions assigned to them by the governing body’s structure in assisting the National Treasurer in the discharge of the mandate of the office

Perform such other functions as shall be assigned by the National Treasurer.

2nd Deputy National Treasurer – Resource Mobilization

Assist the national treasurer and other party organs in fundraising efforts and oversee the lobbying activities.

3rd Deputy National Treasurer - Budget and Audit

Assist the national treasurer in preparing the party’s budget and audit of funds consumed.

National Organizing Secretary

The National Organizing Secretary shall:

Develop/formulate and co-ordinate programs and activities of the party and submit timely reports for presentation to NEC.

Supervise the organization of the Party and in particular public meetings, functions, and meet-the-people-tours and recruitment of members.

Supervise the organization of meetings and the National Delegates Convention in liaison with the Summit and NEC.

Ensure the Party has a time table of public rallies, Regional, Branch/Sub Branch trainings/visitations to promote visibility and publicize Party policies.

Ensure logistical support, security arrangements, timely notice and approval for venues, human resource support, welfare, public address systems, media coverage, merchandise and all other requirements are budgeted, mobilized and availed for smooth and successful party function, programs and activities.

Set at least a day once in a week to serve at the National Secretariat.

Perform any other duties/functions assigned by NEC.

1st Deputy National Organizing Secretary – Organizational Strategy

He/she shall: -

Undertake the functions assigned to them by the governing body’s structure in assisting the National Organizing Secretary in the discharge of the mandate of the office.

Assume all such duties as may be assigned by any of the party organs and the National Organizing Secretary and in the former’s absence, the 1st Deputy Organizing Secretary shall assume the role in acting capacity.

Co-ordinate and aggregate the need(s) and issue(s) affecting Regions, Branches, Sub Branches, groups and members and report to NEC.

Perform any other duties as shall be assigned by the national organizing secretary

2nd Deputy National Organizing Secretary – Security and Protocol

Assist the National Organizing Secretary in ensuing logistical support and security is provided during all party meetings.

3rd Deputy National Organizing Secretary – Programmes and Operations

Assist the National Organizing Secretary in keeping a record of all-party programs including those completed and those upcoming and regularly updating the Organizing Secretary.

National Women league Chairlady.

She shall: -

Co-ordinate the Women League to galvanize political support for the Party programs, policies and activities nationwide.

Co-ordinate resource mobilization, strategy, league structures, charter, activation, representation, training, visibility, activities and programs in liaison with the Summit National Women Leader.

Design for approval by NEC and Summit women league activities, recruitment drives, outreach and programs, budget and calendar of activities, and implement upon approval.

Prepare timely reports of the programs, activities and budgets undertaken by the League for NEC.

Establish partnerships and form networks of women organizations.

1st Deputy National Women League Chairlady – Programmes and Outreach

He or She shall: -

Assist the National Women League Chairlady in all duties pertaining to that office and shall assume all such duties in the former’s absence in acting capacity.

2nd Deputy National Women League Chairlady – Strategy and resource Mobilization

To help in drawing a strategy on women networking, recruitment, strategy and mobilizing resources for the women activities.

3rd Deputy National Women League Chairlady -Welfare

Undertake the functions assigned by the governing body’s structure in assisting the National Women League Chairlady in the discharge of the mandate of the office.

Perform any other duties as assigned by the National Women League Chairlady.

National Youth League Chairperson.

He/she shall: -

Co-ordinate the party Youth to galvanize political support for the Party programs, policies and activities nationwide.

Co-ordinate resource mobilization, strategy, league structures, charter, activation, representation, training, visibility, activities and programs in liaison with the Summit National Women Leader.

Design for approval by NEC and Summit youth activities, recruitment drives, outreach and programs, budget and calendar of activities, and implement upon approval.

Prepare timely reports of the programs, activities and budgets undertaken by the League for NEC.

Establish partnerships with organizations, institutions, student unions, lobby groups, youth empowerment platforms and form networks to champion the youth agenda.

1st National Youth League Deputy Chairperson- Programmes and Outreach

He/she shall not be of the same gender with the Chairperson and shall perform the following tasks: -

Assist the National Youth Chairperson in all duties pertaining to that office and shall assume all such duties in the former’s absence in acting capacity.

Undertake the functions assigned by the governing body’s structure in assisting the National Youth Chairperson in the discharge of the mandate of the office.

Perform any other duties as assigned by the National Youth Chairperson.

2nd National Youth League Deputy Chairperson – Strategy and resource Mobilization

To help in drawing a strategy on party youth networking, recruitment, strategy and mobilizing resources for the women activities.

3rd National Youth League Deputy Chairperson- Membership Recruitment and Compliance

Undertake the functions assigned by the National Youth league Chairperson related to Youth membership recruitment and Compliance

8. National PWD League Chairperson

He or she shall: -

Co-ordinate the PWD League to galvanize political support for the Party programs, policies, and activities nationwide.

Co-ordinate resource mobilization strategy for the special interest groups programmes in liaison with the National Treasurer.

Design and implement Party programmes and solicit for support for the same.

Establish partnerships and form networks of PWD and Marginalized communities’ organizations.

Develop and implement a mobilization/outreach role in liaison with the N.O.S and report to NEC.

1st National PWD League Deputy Chairperson-Programs and Outreach

b. 2nd National PWD League Deputy Chairperson -Strategy and Resource Mobilization

c. 3rd National PWD League Deputy Chairperson – Membership Recruitment and Compliance

Ten (10) Sector Secretaries

The Summit shall appoint ten (10) Secretaries representing various sectors to sit in the NEC.

The appointed secretaries shall have full powers, rights, privileges and responsibilities like any other elected NEC official.

The Summit shall have the powers to outline the specific roles of each appointed Sector Secretary depending on their strengths, academic qualifications, experience and enthusiasm.

The summit shall reserve the right to determine the Sectors to be represented in the NEC and can abolish any Sector at their discretion.

Terms of office and filling of vacancies in party organs

A vacancy in the NEC shall occur if an official:

Dies

Becomes of unsound mind

Ceases being a member of the party

Is suspended or membership is revoked

Resigns or is deemed to have resigned

Violates party constitution, rules and regulations

Is removed from office for gross misconduct or indiscipline

Is impeached from any public office

By operation of any written law

Suffers physical incapacity rendering the person incapable of executing the mandate of the office

Abdicates his/her responsibilities

Is declared bankrupt

Serves a prison term of more than six months.

Abandons the Party

Fails to attend six consecutive meetings of a party organ to which he/she is a member without a written exemption by the Secretary General.

Any other reasons NEC deems the official unfit to continue discharging the functions of the office.

All office bearers except as otherwise provided by this constitution shall hold office for a term of five (5) years, which shall be renewable.

When a vacancy arises in the NEC, the Summit shall fill this vacancy pending ratification by the NGC. Once ratified, this Official shall hold the position until the next election.

A member shall be qualified to contest for any vacant party office if:

That member has fulfilled the requirements of this constitution for the vacant position.

Is not precluded from holding office by any written law in Kenya.

Procedures for conducting Meetings

At all meetings of the National Delegates Convention, National Governing Council, and National Executive Committee, the National Chairperson or in case of his/her absence, the 1st Deputy National Chairperson shall preside. In the absence of the National Chairperson and the 1st Deputy National Chairperson or the 2nd Deputy National Chairperson shall preside and in his/her/their absence, members present shall elect one from among themselves to preside.

Meetings of the NEC, shall be convened through a Notice by the Secretary General published at least 14 days on the party’s website and other media as the party may direct.

Notice for special meetings shall be published at least 7 days.

Notice shall clearly indicate the organ(s) of the party meeting, the venue, time and agenda of the meeting. In case of changes to the venue and time, the person convening the meeting shall ensure that the changes are communicated to the members within reasonable time

Meetings of Women, Youth and PWD Leagues, Governors’ Forums, Parliamentary and County Assembly Caucuses, Branch, Sub Branch, Ward or Polling Center, will be convened by the Chairperson of the League, Forum, Caucus or Committee as the case may be, and presided by the Chairperson and in his/her absence, the Deputy Chairperson shall preside. In the absence of the Chairperson and the Deputy Chairperson, the members present shall elect one from amongst themselves to preside.

Quorum for NEC meetings shall be at least 50% of the members eligible to attend. Apologies shall be communicated to the chairperson at least 24 hours prior to the meeting.

Resolutions, unless otherwise stated in this Constitution, shall be decided by a simple majority as long as the quorum is met at the time of passing the resolutions.

Voting unless where there is consensus shall be by secret ballot and determined by a simple majority. In case of a tie, the chairperson of the committee shall cast the deciding vote.

The resolutions shall be recorded by the secretary to the committee through the minutes and signed by the chairperson and secretary to the committee.

Ex-officio members have the right to attend meetings of organs to which they are members but shall neither form quorum nor have no voting rights.

NATIONAL SECRETARIAT

Composition of the National Secretariat (NS)

There shall be a National Secretariat of the Party headed by the Executive Director.

The National Secretariat of shall consist of;

The Executive Director, who shall be the head of the Secretariat

Two Deputy Executive Director coordinating the directorates

Directors heading directorates

All other staff deployed/assigned Party functions as may be approved by the National Executive Committee. The employee details and terms of employment shall be upon the approval of NEC.

The Executive Director and Deputy Executive Director shall be recruited and appointed by the NEC with the approval of the summit.

Recruitment of Directors shall be approved by the National Executive Committee.

Recruitment and management of the secretariat staff shall be conducted according to the Human Resource Policy and Procedures Manual that shall be developed and approved by the summit and shall be applicable to all party organs.

Prepare and maintain a register of all the members of the Party in all categories of membership as per this constitution.

Powers and Duties of the National Secretariat

The National Secretariat shall be responsible for: -

Implementation of the decisions of the National Delegates Convention, Summit, National Governing Council, National Executive Committee and the various committees.

Implementation of all the Party policies, decisions, and directives on a day-to-day basis;

Disseminating communication, policies, directives, guidelines and information to all party organs and receiving feedback;

Enhancing the capacity of the party organs, officials, staff and members for competitive politics during elections and general management;

Providing administrative and secretarial services to the NEC, Women, Youth and PWD Leagues, NEB, IDRC and other party organs.

Co-ordination of the activities of all organs of the party.

Maintaining an updated national register of members.

Ensuring membership and party compliance with all relevant laws, bodies and institutions.

Carrying out such other functions as may be assigned to it by the Summit, NEC and other party organs.

Maintain communication and co-ordination with the Regional, Branch and Sub Branch Secretariats.

The Executive Director shall be responsible for overall coordination of Party activities, budget and resource and programme management.

Party branches shall be formed in all the forty-seven (47) counties. The formation of branches shall be done after party elections.

The structure of the Youth and Women Leagues shall be similar to the party branches at all levels.

For ease of administrative and logistical coordination, the counties may be further clustered into Regions and set regional coordination teams led by Regional Coordinators to coordinate party activities and programs with the County Branch Leadership.

There shall be a diaspora branch which shall have sub branches to be determined by the Summit.

The Branch is formed by election of the following twenty-three (23) officials.

Chairperson

Deputy Chairperson

Secretary

Deputy Secretary

Treasurer

Deputy Treasurer

Organizing Secretary

Deputy Organizing Secretary

Women’s Leader

Deputy Women’s Leader

Youth Leader

Deputy Youth Leader

Representative of the Faith Based Organizations

Representative of the Business Community

Representative of the Professional Associations

Representative of the Farmers, Fishermen and Pastoralists Forums

Representative of the Academia and Teachers Unions

Representative of the Workers and Trade Unions

Representative of the People with Disabilities,

Representative of Elders.

Representative of the Informal Sector.

Representative of the Minorities and Marginalized Groups

Co-ordinator

The National Executive Committee shall establish rules governing the collection, management and expenditure of funds which shall be approved by the summit. All withdrawals shall be against expenditures in the approved budgets by the summit or by resolutions of the summit in exceptional cases.

The financial transactions of the Party shall be handled by the Party Leader, 1st Deputy Party leader, National Chairperson, SG, National Treasurer, and the Executive Director who shall be signatories to party accounts and any other persons authorized by a resolution of the Summit.

The Party shall operate Account(s) with local Bank(s) as may be guided by the summit and /or the NEC.

The designated signatories, finance directors and relevant staff shall ensure that requirements as provided by law on public funds are strictly adhered to.

Usage of Party Funds

Party funds shall be used for purposes compatible with democracy.

Promoting the representation in Parliament and in the county assemblies of women, persons with disabilities, youth, ethnic and other minorities and marginalized communities.

promoting active participation by individual citizens in political life,

covering the election expenses of the political party and the Broadcasting of the policies of the political party,

organization by the political party of civic education in democracy and other electoral processes,

bringing the political party’s influence to bear on the shaping of public opinion;

Enhancement of party activities,

Training and empowerment of members, party organs, leagues and staff,

Administrative and staff expenses of the political party,

Party funds shall not be used for any other purposes other than those specified in this Constitution.

Party funds shall not be used—

for paying directly or indirectly remuneration, fees, rewards, allowances or any other benefit to a member or supporter of the political party, other than a member of staff;

to finance or as a contribution to any matter, cause, event or occasion directly or indirectly in contravention of any code of ethics binding on public officers;

directly or indirectly for the purposes of establishing any business or acquiring or maintaining any right or financial interest whatsoever in any business or in any immovable property; or

For any other purpose incompatible with the promotion of a multiparty democracy and the electoral processes, or with the Constitution.

The party shall ensure accountability and transparency in its procurement processes.

Any use of these funds shall be approved by the party’s National Executive Committee and or the Summit.

Any decision to share party funds among the leadership shall be illegal.

The Annual or Periodic Audit of Accounts

The National Executive Committee shall appoint reputable auditors annually.

All Party accounts, records and documents shall be open for inspection by the auditors at any time.

The National Treasurer shall produce and submit audited annual accounts to the National Executive Committee and the summit.

The auditors shall be paid such fees for their duties as may be determined by the National Executive Committee.

The auditors shall not be office bearers of any Organ of the Party.

a. the party shall keep proper books and records of account of the income, expenditure, assets and liabilities of the political party.

The party shall, within three months after the end of each financial year submit to the auditor general the accounts in respect of that year.

The accounts of the party shall be audited annually by the auditor- general and shall be submitted to the registrar and tabled in the National Assembly.

The registrar may at any time request the auditor-general to carry out an audit of the accounts of the party.

Any person shall be entitled, to inspect the audited accounts filed by the party and, upon payment of a fee prescribed by the registrar/or NEC be issued with copies of the audited accounts.

Finance and Resource Mobilization Committee

The Summit shall appoint the Finance and Resource Mobilization Committee and its chairperson as a Standing Committee. The members shall elect the Vice Chairperson and Secretary among themselves during the committee’s first meeting.

The Finance and Resource Mobilization Committee shall be responsible for:

Developing strategies for and realizing financial resource mobilization and any other support to the Party.

Ensuring that the books of the Party are audited by the appointed auditor.

Developing principles of stewardship, financial discipline, ethics and best practices to guide the Party in matters of fiscal planning and management.

The Committee shall work closely with the Summit and the National Executive Committee and will report at least twice a year on the finances and budget of the party.

THE GENERAL ORGANIZATION OF THE PARTY

The Party Structure

The Party shall be organized at six (6) levels.

Polling Centre

Ward (County Assembly Representation area)

Sub-branch (Constituency)

Branch (County)

Regional

National

Level 1 – The Polling Centre

Polling Centre Convention (PCC)

Polling Centre Executive Committee (PCEC)

Polling Centre Management Committee (PCMC)

Level 2 – The Ward (County Assembly Representation Area)

Ward Convention (WC)

Ward Executive Committee (WEC)

Ward Management Committee (WMC)

Level 3 – The Sub-branch (Constituency)

Sub Branch Convention (SBC)

Sub Branch Executive Committee (SBEC)

Sub Branch Management Committee (SBMC)

Level 4 – The Branch (County)

Branch Convention (BC)

Branch Executive Committee (BEC)

Branch Management Committee (BMC)

County Assembly Caucus

Level 5 - Regional Coordination

Regional Convention (RC)

Regional Executive Committee (REC)

Regional Management Committee (RMC)

Regional Leadership Caucus (RLC)

Level 6 - National

National Delegates Convention (NDC)

Summit

National Executive Committee (NEC)

National Elections Board (NEB)

Internal Disputes Resolution Committee (IDRC)

Internal Committees

County Assembly Caucus

National Assembly Caucus

Senate Caucus

Governors Forum

National Secretariat

Organization of the Party and their Functions

Polling Centre Level

Polling Centre Convention (PCC)

Here, the participation shall be by all (NEDP) Party members who are also registered voters at the Centre. This is a forum where matters pertaining to mobilization and monitoring of registration of voters and get out the vote strategies are first discussed and recommendations forwarded to the relevant Organ of the Party at the Ward, Sub Branch, Branch and Regional Levels and finally to the National Executive Committee (NEC and the Summit. The PCC has an oversight and advisory role and is responsible for electing the Polling Centre Executive Committee (PCEC). The PCC shall meet at least once a year.

Polling Centre Executive Committee (PCEC)

They are elected by the Polling Centre Convention to serve in the capacities of: -

Chairperson

Deputy Chairperson

Secretary

Deputy Secretary

Treasurer

Deputy Treasurer

Organizing Secretary

Deputy Organizing Secretary

Women’s Leader

Deputy Women’s Leader

Youth Leader

Deputy Youth Leader

Representative of the Faith Based Organizations

Representative of the Business Community

Representative of the Professional Associations

Representative of the Farmers, Fishermen and Pastoralists Forums

Representative of the Academia and Teachers Unions

Representative of the Workers and Trade Unions

Representative of the People with Disabilities

Representative of the Council of Elders

Representative of the Informal Sector

Representative of Special interests, Minorities and Marginalized Groups

Co-ordinator

It is mandatory that: -

Not more than two -thirds of the Polling Centre Executive Committee shall be of the same gender.

The Party elected and/or nominated County Assembly Representative(s) if previously not elected to the Polling Centre Executive Committee is/are Ex-officio member(s) of the Polling Centre Executive Committee where he/she has a voting right.

The PCEC shall meet quarterly or as often as may be necessary.

Polling Centre Management Committee (PCMC)

The PCMC shall comprise of nine (9) members from the Polling Centre Executive Committee (PCEC). The PCMC shall meet at least once a month.

The nine (9) members of PCMC are:

Chairperson

Deputy Chairperson

Secretary

Deputy Secretary

Organizing Secretary

Treasurer

Women’s Leader

The Youth Leader

Representative of special interests, minorities and marginalized groups.

Ward Level

Ward Convention (WC)

It shall comprise of the elected officials at the polling centre(s) within the Ward and shall meet at least once a year.

Ward Executive Committee (WEC)

The Ward Convention shall from amongst themselves elect the 22 Ward Executive Committee members who shall undertake the roles specified in this Constitution. The WEC shall meet quarterly.

Ward Management Committee (WMC)

The Ward Management Committee shall comprise of nine (9) members from the Ward Executive Committee. These members shall undertake the roles specified in this Constitution mutatis mutandis. The WMC shall meet at least once a month.

It is mandatory that: -

Not more than two -thirds of the Ward Executive Committee shall be of the same gender.

The Party elected and/or nominated County Assembly Representative(s) if not previously elected to serve in the Ward Executive Committee shall by virtue of their positions be ex-officio members of the Ward Executive Committee. Membership is restricted to the Ward where one has voting rights.

SUB BRANCH LEVEL (CONSTITUENCY)

Sub Branch Convention (SBC).

It shall comprise of the elected party officials from all the Wards within the Sub Branch and shall meet at least once a year.

Sub Branch Executive Committee (SBEC).

The Sub Branch Convention shall from amongst themselves elect the twenty-two (22) Sub Branch Executive Committee members who shall undertake the roles specified in this Constitution.

The SBEC shall meet at least once every three months.

Sub Branch Management Committee (SBMC)

The Sub Branch Management Committee shall comprise of nine (9) members from the Sub Branch Executive Committee. These members shall undertake the roles specified in this Constitution mutatis mutandis. The SBMC shall meet at least once every month.

It is mandatory that: -

Not more than two -thirds of the Ward Executive Committee shall be of the same gender.

The Party elected and/or nominated County Assembly Representative, MP(s), Senator, Governor, Deputy Governor if not previously elected to serve in the Sub Branch Executive Committee shall by virtue of their positions become ex-officio members of that Sub Branch Executive Committee.

Membership is restricted to the Constituency where one has voting rights.

THE BRANCH LEVEL (COUNTY)

Branch Convention (BC)

It shall comprise of the elected party officials from all the Sub-Branches in the Branch and shall meet at least once a year.

Branch Executive Committee (BEC)

The Branch Convention shall from amongst themselves elect the twenty-two (22) Branch Executive Committee members who shall serve in the capacities specified under Article 9 of this Constitution. The BEC shall meet at least once every three months.

Branch Management Committee (BMC)

The Branch Management Committee shall comprise of nine (9) members from the Branch Executive Committee who shall meet at least once a month. They shall undertake the roles specified in this Constitution mutatis mutandis.

It is mandatory that: -

Not more than two -thirds of the Ward Executive Committee shall be of the same gender.

The Party’s elected and/or nominated County Assembly Representative MP(s), Governor, Deputy Governor and Senator if previously not elected to serve in the Branch Executive Committee shall by virtue of their positions become ex-officio members of that Branch Executive Committee.

Membership is restricted to the Branch where one has voting rights.

ROLES AND FUNCTIONS OF THE POLLING CENTRE/ WARD/ SUB BRANCH/ BRANCH/ REGIONAL LEVELS

The functions of the various levels shall be to: -

disseminate the Party Policy documents and policy positions, create visibility and publicity for the Party in their respective areas of jurisdiction;

mobilize and recruit new Party Members and galvanize support for the Party

Generate consensus on key political, economic and social policies of the Party.

Monitor the needs of the people in their area of jurisdiction and accordingly advise the relevant Organ of the Party.

monitor performance of National and County Governments and other public officials and make recommendations thereon

Promote harmony amongst the Party members and other residents in their area.

Set up a Party office complete with a Secretariat where applicable.

Raise financial and other resources for the Party programs and activities.

Maintain an updated register of members and forward a copy to the National Secretariat through the established mechanism.

Identify, recruit and induct potential aspirants’/Party candidates for all the elective positions.

Undertake disciplinary functions within their area of jurisdiction and recommend necessary disciplinary measures.

Of all other things as necessary to promote the goals, aims, purposes and objects of the Party.

Undertake any other functions assigned by the Party’s National Executive Committee.

THE NATIONAL DELEGATES CONVENTION (NDC)

There is hereby established an organ of the party called the National Delegates Convention (NDC).

Composition

The National Delegates Convention shall consist of: -

National Governing Body

Regional Executive Committee

Branch Executive Committee

Chairpersons of sub-branches

National Assembly Caucus

Senate Caucus

County Assembly Caucus

Governors Forum

Powers and Duties of National Delegates Convention (NDC)

The functions of the National Delegates Convention shall be to: -

Determine and articulate the principles, policies and programs of the Party.

Generate consensus on key political, economic and social policies of the Party.

Mobilize the people to ensure full participation in implementation of political, economic and social policies of the Party.

promote National unity and solidarity in line with the National Values and Principles of Public Governance;

consider and ratify any resolutions, policies or decisions as may be referred to it by Summit or NEC;

Approve the paper of principles.

assign such tasks to Summit and NEC as it may deem fit;

NDC shall meet be held once in every five years.

A special NDC may be held as and when the Party Leader or in his or her absence 1st Deputy Party Leader in consultation with the National Governing Council deems it fit or by a resolution in writing by at least two thirds of the members of the Governing Body.

NDC shall be convened by the National Chairperson or in his/her absence or inability, by the 1st National Deputy Chairperson.

A special NDC shall be convened by the Party Leader or the 1st Deputy Party Leader in the absence of the Party Leader.

In convening NDC, the Secretary General in consultation with the National Chairperson shall publish in the national media the venue and agenda for the Convention and give a notice of at least 14 days provided that for a special NDC meeting, 7 days’ notice shall be given.

NATIONAL ELECTIONS AND NOMINATIONS BOARD (NEB)

There is hereby established an organ of the Party called the National Elections and Nominations Board (NEB).

Composition of NEB

The National Elections and Nominations Board shall be constituted by the Governing Body and it shall consist of nine (9) persons of integrity.

The Governing Body shall appoint the Chairperson and Secretary of the Board at its first sitting shall appoint the Deputy Chairperson.

The Chairperson shall head the Board and preside over its meetings. The Deputy Chairperson shall in the absence of the chairperson perform the duties of the office of the chairperson.

The quorum of all NEB meetings shall be at least two-thirds of the eligible members.

Powers and Duties of NEB

NEB may from time to time make rules, regulations, orders or notices for ensuring conduct of regular, free, fair, peaceful and transparent Party elections and nominations.

NEB in consultation with the National Management Committee shall organize, coordinate and supervise all Party Elections and nominations in accordance with the Party Nominations and Elections Rules and Procedures.

NEB, on recommendation of the NGC shall make, amend or alter Party Nominations and Elections Rules and Procedures.

NEB shall appoint appropriate officers to conduct Party elections or nominations at the National, Regional, Branch, Sub Branch, Ward and polling center levels.

NEB shall vet Party nominees for appointment by the requisite Party Organ to any position that the Party by law nominates to in consultation with the Governing Body.

NGC shall cause an account to be opened in the name of NEB to collect all funds paid as nomination fees and direct all expenditure on the account.

NEB shall consist of a Chairperson and eight other persons all of whom shall be of good standing and integrity and who shall not be seeking nominations as Party Candidates in the Elections.

In appointing the National Elections Board Members, the Governing Body shall have regard and ensure not more than two thirds of the membership shall be of the same gender in accordance with the Party Constitution.

Provided that where NEB has for any reason been unable to perform all or any of the duties specified herein above, the governing body shall assume all the powers and duties of NEB

NEB shall be independent and act in accordance with the rules of natural justice, and in consultation with governing body.

Carry out any other functions assigned to it by the Summit, NEC, NGC, , or NDC.

NEB in consultation with the governing body shall collect all funds paid as nomination fees and direct all expenditure or remittance to the party.

INTERNAL DISPUTES RESOLUTION COMMITTEE (IDRC)

There is hereby established an organ of the Party called Internal Dispute Resolution Committee (IDRC).

IDRC shall establish dispute resolution panels at National, Regional, Branch, Sub Branch, Ward and Polling Station levels. Save for the National panel, the Regional Panels shall be adhoc in nature.

The Internal Disputes Resolution Committee (IDRC) shall be constituted by the Governing Body and it shall consist of nine (9) persons of integrity. Not more than two thirds of the members of the committee shall be of the same gender.

The IDRC Registrar and Deputy Registrar who shall be of either gender shall be ex-officio members of IDRC and shall be secretary and deputy secretary to the committee respectively.

The Governing Body shall appoint the Chairperson of the Board, the Registrar and Deputy Registrar of IDRC on recommendation of National Governing Council; The Board at its first sitting shall appoint the Deputy Chairperson.

The chairperson shall head the Internal Disputes Resolution Committee and shall be an Advocate of the High Court of Kenya, qualified to be a Judge of the High Court.

The chairperson shall preside over the IDRC meetings.

The Deputy Chairperson shall in the absence of the chairperson perform the duties of the office of the chairperson provided that he/she will not have voting rights in NEC.

In case of any conflict or interest by a member in any matter before IDRC, the member shall declare such conflict of interest and recuse him/herself from the proceedings.

If any matter of conflict is raised by any party against any member of IDRC, the committee will determine whether conflict is established and if established, then the member will be excused from the proceedings.

IDRC will set organizational structures, rules, regulations and guidelines for the establishment of panels at the other levels and order of proceedings including appeal mechanisms for consideration and approval by the governing body in accordance with party constitution and existing laws.

As a condition precedent for membership of the party, no member shall resort to the court of law for the resolution of any dispute out of the conduct of any party matter, issue or affairs unless the internal dispute machinery herein established is fully exhausted.

Persons to be appointed to the IDRC must be Life members of the party and Gold or Diamond Membership Card Holders.

COMMITTEES

Composition of Committees

The commissions/committees shall be constituted by the Summit and or NEC

Powers and Duties of Commissions / Committees

Their terms of reference shall be determined by the Summit and or NEC.

Upon completion of a general election, the SG within one (1) month of the general election, shall cause the National Assembly, Senate and County Assembly caucuses to be formed.

In the formation of the National Assembly, (NA) caucus, the following shall be done: -

The SG shall issue a letter of invitation to all elected and nominated members of the NA to convene for purposes of formation of and electing the NA caucus officials.

The National Chairperson shall preside over the elections and the SG will confirm and record the results.

The elections may be consensus or secret ballot. The vote will be determined by a simple majority.

Positions for elections are chairperson, secretary, treasurer and whip.

The caucus shall be subject to all party rules.

Leadership elected shall be in place unless there is removal occasioned by a breach of the Party rules, death or resignation.

In forming the Senate Caucus (SC), the following shall be done:-

In the formation of the Senate Caucus (SA) Caucus, the following shall be done: -

The SG shall issue a letter of invitation to all elected and nominated members of the Senate to convene for purposes of formation of and electing the Senate Caucus officials.

The National Chairperson shall preside over the elections and the SG will confirm and record the results.

The elections may be consensus or secret ballot. The vote will be determined by a simple majority.

Positions for elections are chairperson, secretary, treasurer and whip.

The caucus shall be subject to all party rules.

Leadership elected shall be in place unless there is removal occasioned by a breach of the Party rules, death or resignation.

In forming the County Assembly Caucus, the following shall be done: -

The SG shall issue a letter of invitation to all elected and nominated members of the all County Assemblies where the party has representation to convene for purposes of formation of and electing the County Assembly Caucus officials.

The National Chairperson shall preside over the elections and the SG will confirm and record the results.

The elections may be consensus or secret ballot. The vote will be determined by a simple majority.

Positions for elections are chairperson, secretary, treasurer and whip.

The caucus shall be subject to all party rules.

Leadership elected shall be in place unless there is removal occasioned by a breach of the Party rules, death or resignation.

The NEC will establish a disciplinary committee of 5 members drawn from the various organs of the party and will be answerable to NEC.

The quorum will be 3 members.

Party Discipline

All members of the Party shall be treated equally before the law and shall be disciplined in accordance with the provisions of this Constitution without any fear or favour;

Acts of indiscipline

All party members and officials are prohibited from going against anything set out in this constitution, party rules, policies, ideologies and directives.

Any member that engages in the following commits an act of indiscipline:

Engaging and encouraging violence as a means of promoting one’s personal or political agenda.

Misrepresenting the party, its members or organs in any matter which he/she knows to be untrue.

Interfering with, manipulating or tampering with the party records, documents, accounts or assets.

Misappropriating party funds.

Disrupting party meetings or meetings of any party organ or meetings of party competitors/opponents for any reason or to advance a certain agenda.

Failing to pay admission, subscription and any other fees due to the party and are in arrears and fails to honour the notice to pay such fees within 3 months after issue of the notice.

Acting in a manner that is prejudicial to the interests, integrity and or reputation and/or integrity of the party.

Taking part in an election as a candidate, canvasser, or agent of a candidate in opposition to the candidate proposed by the party or coalition of parties which the party is a member.

Interfering with the due process of nominating or electing party officials or party candidates.

Disciplinary Procedure

Any disciplinary action against a member or official of the party shall be conducted in such a manner that accords the member or official charged a fair hearing and observes the Rules of Natural Justice.

The penalties for breach of party constitution and or any other Rules or Regulations made there under shall include one or more of the following:

Warning

Reprimand

Fine, compensation or restitution

Suspension

Expulsion

Demand for a written apology

Exclusion from party elections or nominations

Dismissal from office

Revocation of nomination

Recall from any public office

Any other disciplinary measure that may be prescribed by the governing body.

Disciplinary proceedings against any member or official may be initiated by any person or organ in writing to Sub branch/Branch/Regional Secretary or the Secretary General of the party where the person or organ against whom the complaint is initiated is a member.

Where the national organ initiates the proceedings, they shall cause the proceedings to be commenced by the sub branch/branch or region to which the member belongs to.

Every Sub Branch, Branch, Regional and National Executive Committee shall have a disciplinary committee which shall hear disciplinary complaints lodged in the respective committees. Decisions by the disciplinary committees will be communicated to the respective Sub branch, Branch and Regional Executive Committees. Appeals and Reviews of the disciplinary committee will be by the plenary of the Committee where the complaint was lodged.

The branch may withdraw any charges made against a member where it is satisfied that the said member has not performed any of the acts of indiscipline. However, the party disciplinary committee may overrule such withdrawal if it deems it fit to proceed and hear the matter.

The branch in initiating any disciplinary proceedings shall draw the charges against the member or official accused from the complaint lodged and shall present and prosecute the charges against the member or official before the Party Disciplinary Committee.

Where the decision to present charges and prosecute the member or official is commenced, the same shall be accompanied by a resolution of the branch to the said effect provided that:

The member charged shall be entitled to sufficient notice of the charges to be preferred against him/her and in any event, such notice shall be for a period of not less than 7days.

The charge sheet shall indicate the detailed nature of the act of indiscipline the member or official is accused of committing.

The charge sheet shall indicate the date and time when the matter shall be heard.

The member or official charged shall have the right to examine or cross examine any witness

Appeals

The decision of the Party Disciplinary Committee shall be communicated to the accused member or official in writing and he/she shall have the right to appeal within 21days from the date of receipt of such decision.

Appeals from the sub branch, branch and regional committees shall lie with the national disciplinary committee by a resolution of the governing body through NEC. This decision shall be final.

The basis for such appeals shall be on matters of fact or law or on the finding or penalty awarded by the Party Disciplinary Committee.

On appeal the finding or penalty of the Party Disciplinary Committee may be overturned, varied, upheld or enhanced.

The governing body may make further guidelines, rules and procedures concerning disciplinary matters including the composition of disciplinary organs at all levels.

INSPECTION OF BOOKS

Any fully paid-up member for a period not less than 2 years interested in inspecting the Party books and or lists of members of the Party shall write to the Secretary General (SG) giving notice of 60 days and specifying the kind of books or lists for scrutiny. Such a member must disclose his/her Membership Number, Polling Centre and such notice be submitted through his/her respective Sub Branch. Upon receiving such a notice, the Branch/Sub Branch shall forward the same within 14 days to the SG who must respond to it within the stipulated time of 30 days following verification of membership status.

For non-members, they shall be required to write to the SG, giving notice of 120 days and shall pay a fee prescribed by NEC. They shall be required to sign an affidavit that they shall not use the information sought for adversarial effect to the Party.

Correspondences to the office of the Registrar and any other office on all matters of the party shall be done by the Executive Director with the Authority of the Summit.

The financial transactions of the Party shall be handled by the Party Leader, 1st Deputy Party leader, National Chairperson, SG, National Treasurer, and the Executive Director who shall be signatories to party accounts and any other persons authorized by a resolution of the Summit.

The Party shall operate Account(s) with local Bank(s) as may be guided by the summit.

The National Chairperson and Secretary General shall be signatories to the annual reports of the Party and any other report or documents required under the Political Parties Act.

The National Chairperson, Secretary General and Treasurer shall be signatories to the financial reports of the Party.

The Chairperson,1st Deputy Party Leader and the Executive Director shall be signatories to the Nomination Certificates for any nomination of a member of the party. Any two (2) signatories shall sign with approval of the summit.

All members of the summit shall be signatories to coalition or merger documents.

In order to achieve its objective and mission, the party through the National Executive Committee and the National Secretariat shall develop and publish the following policy documents:

Policy on Management structures and Standard Operational procedures

Party Policy on Development

Party Human Resource Policy

Party Finance and Resource Mobilization

Policy on the Development of the Jua Kali Economy

Policy on Development of the ICT Sector

Policy on eradication of drought and hunger

Party Strategic Plan

Party Manifesto

The Policy documents shall be published and distributed in all print and electronic media in Kenya and the Diaspora and shall always be accessible in the party website.

A review and status report of these policy documents shall be done after every five years.

The party shall only review and change the party policies once it is satisfied that it has achieved its purpose as provided for in the party manifesto and strategic plan.

The Board of Trustees will comprise of the Summit members of the Party.

The Board of trustees/Summit shall propose investments to be done by the party to the NEC for implementation.

There shall be a handbook on the nomination rules on;

Elections of officials to the governing body;

Nomination of members to party lists and preparation of party lists; and

Nomination of members for general elections (party primaries)

The Nominations and Election Rules and Procedures shall be approved by the governing body for implementation by NEB.

NEB may propose amendments to the rules for approval by the governing body and the governing body may also propose amendments. No amendments shall be valid three (3) months to any election or nomination or preparation of party lists.

Consideration for inclusion in the party list shall entail the following: - being

Founder member

a fully paid-up member

actively involved in party formation, regional, branch, leagues and secretariat activation

involved in recruitment of members, party visibility and media representation and messaging

Active participation in party primaries as aspirants or campaign mobilisers.

involved in resource mobilization

Amendments to the Name of the Party

No change may be made to the Name of the Party, Symbol, Slogan, Party Colours except with the approval of the National Governing Council (NGC) following a resolution by the governing body supported by at least two-thirds of the members attending in person.

Amendments to the Constitution

No change may be made to the Name of the Party except with the approval of the National Governing Council (NGC) following a resolution by the governing body supported by at least two-thirds of the members attending in person.

Amendments to the Rules of the Party.

No changes may be made to the rules unless approved by the governing body and is supported by two-thirds (2/3) of the members attending provided the changes are not done three months to the elections and those changes be communicated at least one month to the election dates.

Amendments to change of office

Any change related to the party office shall be made by the governing body and such a change shall require the support of simple majority of members of the governing body at that sitting provided that the procedure for that sitting as provided for in this Constitution was followed.

Mergers.

The Party may enter into mergers with other likeminded political parties who express interest in working with the party and their ethos align with the party. The decision to form such mergers be determined by two-thirds of the National Executive Committee.

The Secretary General shall provide a notice of 21 days to the members of NEC indicating the date, time and venue of the meeting with the agenda of the meeting being discussion surrounding the proposed merger.

The NEC shall invite a competent lawyer to the meeting to provide a legal advisory opinion before any vote is taken.

The decision to merge shall be presented to the National Governing Council and who shall forward it to the National Delegates Convention for ratification. It will be mandatory for 50% of the NDC members to approve the proposal as provided by NEC.

Instruments of such mergers or coalitions shall be executed by members of the Summit.

The Secretary General shall keep custody of all such Instruments.

Coalitions

The Party may form coalitions with other likeminded political parties who express interest in working with the party and their ethos align with the party. The decision to enter into a coalition agreement shall be determined by two-thirds of the National Executive Committee.

The Secretary General shall provide a notice of 21 days to the members of NEC indicating the date, time and venue of the meeting with the agenda of the meeting being formation of a coalition.

The NEC shall invite a competent lawyer to the meeting to provide a legal advisory opinion before any vote is taken.

The decision to enter into coalition shall be forwarded to the National Governing Council who upon deliberation shall forward it to the National Delegates Convention for ratification. It will be mandatory for 50% of the NDC members to approve the proposal as provided by NEC.

Instruments of coalitions shall be executed and Deposited with the Registrar of Political Parties.

The Summit shall be signatories to the coalition documents. The Secretary General shall keep custody of all such Instruments

Dissolution of the party branch

The Party Leader may recommend dissolution of any branch to the governing body in an emergency arising out of internal conflict, on gross violation of the Constitution of the Party or in any other exceptional circumstances.

The governing body of a majority of 2/3 present by voting may approve the recommendation to dissolve the branch.

The governing body shall then mandate an adhoc committee which shall constitute itself as an election board to oversee the elections within a period of 90 days or as within such a time as mandated by the governing body.

The adhoc committee for purposes of clarity shall consist of members of the governing body. They shall not be more than seven (7) members in the team.

Secretary to the adhoc committee shall be the Director of elections

Dissolution of the Political Party

Decision to dissolve the party must be communicated in writing to the Registrar of political Partied within seven (7) days of passing the resolution.

Decision shall be a resolution of the Summit, approved by the NGC and shall be supported by 2/3 majority of members of NDC present at the sitting provided all the meetings of the organs herein mentioned are properly convened and constituted.

Once approved, the party shall stand dissolved.

Disposal of property

In the event of a dissolution of a party branch, all property shall be handed over to the Summit which shall be the caretaker until a new team is elected after which, Summit shall then hand over the custody to the new Secretary of the branch.

For the National Party,

At the point where the governing body approves the resolution of dissolution by transmitting the same to the NGC and NDC, the party auditors must provide an audited report.

The SG shall give an account of the property in his/her custody

At the point of NDC, the audit report and SG’s report must be made public

Resolution to dissolve shall be accompanied by resolution to the Registrar to declare the property of the party. The property shall be converted into cash and donated to the political party’s fund.