CONSTITUTION OF THE KENYA WOMEN JUDGES ASSOCIATION

ARTICLE 1 NAME

The name of the association shall be “The Kenya Women Judges Association” herein called “The Association”.

1.1 REGISTERED OFFICE
The registered office of the association shall be situated at the Law Courts Building Nairobi. P.O. Box 30041 Nairobi or at any other place as the Executive Committee may from time to time appoint.

1.2 AFFILIATION

The association shall be affiliated to the International Women Judges Association (hereinafter called “ The International Association”).

ARTICLE 2 OBJECTS

2.1 To urge for and encourage the appointment and recruitment of women into the judiciary and particularly the appointment of greater number of women judges so that the judiciary reflects an equal role for men and women in society.

2.2 To promote the advancement of women in general through the fair administration of justice.

2.3 To develop, strengthen and protect the principles of the rule of law and the quality of all before the law and in particular to promote and encourage gender equality in all matters relating to the Administration of Justice.

2.4 To keep under review all aspects of discrimination on gender basis and to work actively for the eradication of all forms of discrimination against women in Administration of Justice.

2.5. To promote by means of fair administration of justice matters of family unity, child survival and development, and in any other way to protect the sanctity of the family.

2.6 To promote public awareness of all issues relating to fair administration of justice as it concerns the women and the child and in particular to organize convene and hold public lectures, meetings, talks and interviews and to another publish, issue and distribute books, journals, newspapers exhibitions, radio and television production etc.

2.7 To engage in research, judicial exchanges and training programs which contribute to the understanding and resolution of critical legal issues affecting the women, the family or the child.

2.8 To exchange research and information with sister associations and other organizations engaged in the field administration of justice as it affects in particular women and children.

2.9 To encourage co-operation and collaboration between women Judges of all nations.

2.10 To support the International Association of Women Judges in its activities and any other Women Judges Association.

2.11 To generate funds and other resources necessary for pursuing the objective of the association.

2.12 To do all such things as are incidental or conducive to the attainment of the above objectives.

2.13 The object of the association shall not be carried out for the profit of the members and no part of the income or assets of the association shall be used for the benefit of any member or officer of the association PROVIDED HOWEVER, that such remuneration of officers, employees or consultants shall not be considered to be a profit for the purposes of this article.

ARTICLE 3 MEMBERSHIP

3.1 Membership of the association shall be divided into the following categories:-

(a) Full Membership – will be open to any Kenya woman who has been appointed to office of a Judge of the High Court, the Industrial Court a Judge of appeal or who holds a high judicial office in any part of the world.

(b) Associate Membership – The Executive Committee may for good cause admit
to associate membership any women judicial officer working in Kenya or
elsewhere who demonstrated sufficient commitment to the causes that the
association champions.

(c) Honorary Life Membership – May be conferred by the Executive Committee
acting in its absolute discretion, as a sign of special recognition upon any individual, who has rendered distinguished services to the Association or to the cause of the advancing status of woman in judiciary or in other fields.

3.1 MEMBERSHIP FEES

(A) The membership fee for the various categories of membership shall be
determined and periodically reviewed by the Executive Committee.
(B) The Executive Committee may cancel the membership on the grounds that a
members who fails to pay subscription without prejudice to the members rights to re-apply for admissions.

3.3 EXPULSION OF MEMBERS

The Executive Committee shall reserve the right to withhold membership on the
grounds that a member’s conduct adversely affected or affects the interests of the associations, provided that such a member shall be accorded and opportunity to be heard in her defense before the Committee.

3.4 RESIGNATION OF MEMBERS
Any member may at any time resign from the association by notice in writing to the Secretary.

ARTICLE 4 THE EXECUTIVE COMMITTEE

4.1 The Management of the Committee shall meet as often as is required for the
transaction of the business of the association and in any even not less than four times a year.

4.2 Any member of the Executive Committee may resign at any time upon giving thirty- (30) days notice in writing to the secretary of her intention to resign.

4.3 If a vacancy arise from the resignation, death or incapacity of a member of the
Executive Committee, the Executive Committee shall appoint another member from
among the members of the Association to serve for the remainder of the term.

ARTICLE 5 ELECTION TO THE EXECUTIVE COMMITTEE

Elections shall be by secret ballot and only full members who have been nominated by two members of the association shall be eligible for election to the executive committee.

ARTICLE 6 POWERS OF THE EXECUTIVE COMMITTEE

6.1 The Executive Committee shall in relation to the Management or the affairs of the association have all the powers of a Board of a Limited Liability Company as defined by Table of the Companies Act (chapter 486 of the Laws of Kenya) in so far as the same are not inconsistent with any article of this constitution.

6.2 Notwithstanding the provisions of 6.1 above the Executive Committee shall not have the power to make, amend an repeal the provisions relating to membership, elections or conduct of meetings without prior approval of the same by a two-thirds majority of all members present and voting at the Annual General Meeting or Special General Meeting.

6.3 The Executive Committee may from time to time appoint Committee or Sub-
Committee consisting of members of the association and may delegate to any such Committees or Sub-Committee co-opt additional persons upon such terms and conditions of the Executive Committee shall approve, but such additional persons need not be members of the association.

ARTICLE 7 DUTIES OF OFFICE BEARERS

7.1 (A) Only members of the Executive Committee shall be eligible for elections as
Office bearers.

7.2 (b) The chairwoman of the Executive Committee shall be executive head of the
association and in that capacity shall:-

(i) Preside over the meeting of t he Executive Committee and the Association.

(ii) Represent and act on behalf of the association generally;

(iii) Do all such acts as are necessary for efficient and effective running of the association;

(iv) Carry out all publicity in behalf of the association;

7.1 (c) The Vice-Chairwoman of The Executive Committee shall deputize for the
Chairman on all occasions when the Chairwoman is unable to represent the association and shall execute such other duties as may from time to time be assigned to her/him by the Chairwoman or the Executive Committee.

7.2 The secretary shall be responsible for the efficient administration of the Association and shall;-

(i) Keep a full and up-to-date record of the Association’s affairs including a
Membership Register;

(ii) Keep minutes of the meetings of the Executive Committee and of the General Meetings.

(iii) Carry out all correspondence on behalf of the Association;

(iv) Arrange for the meetings of the association on the instructions of the Executive Committee or in special circumstances.

(v) Do all such things as are necessary for the efficient and effective running of the association’s affairs and the Secretary’s Office.

7.3 The treasure shall be the Financial Officer of the Association, and in that capacity shall:-

(i) Keep all the financial records of the Association;

(ii) Open a bank account on the instructions of the Executive Committee and ensure that all drawings from the account shall counter-signed either by the Chairwoman the Vice-Chairwoman or the Secretary.

(iii) Provide reports on the financial statement of the Association annually, and audited accounts to the meeting of the General Meeting.

(iv) The financial year shall start on the 1st January, and end on the 31st of December.

ARTICLE 8 GENERAL MEETINGS

8.1 The General Meeting of the Association shall be held at least once a year.

8.2 The General meeting shall;

(i) Decide on all questions on policy touching on the activities of the association;

(ii) Approve the general program of the Association;

(iii) Give any necessary instructions to the Executive Committee on matters of policy;

(iv) Elect the Executive Committee during its general meeting;

(v) Effect any necessary amendments to the provisions of the constitution;

(vi) Receive audit account;

(vii) Have the powers of dissolving the association and deciding thereafter the devolution of its affairs;

8.3 In any matters where voting is necessary, every member shall have one vote and in the event of any equality of vote, the Chairwoman shall have a second or a casting vote;

8.4 To establish a permanent secretariat, commissions and such other bodies as it shall deem fit, for the furtherance of the objectives of the association and its day to day operations.

ARTICLE 9 PROCEEDINGS AT THE ANNUAL AND SPECIAL GENERAL
MEETING

9.1 The secretary shall convene annual general meeting by giving each member at least twenty –one (21) days notice in writing.

9.2 The Executive committee shall have power to convene a special general meetings upon giving each member fourteen (14) days notice in writing.

9.3 The chairwoman may at anytime and shall upon requisition signed by at least one quarter of all the members direct the secretary to convene a special meeting by giving each member fourteen (14) days notice in writing.

9.4 The quorum at any Annual General Meeting of Special Meeting shall be a two-
thirds of all the members of the association

9.5 If no quorum is available at any Annual General Meeting or Special General
Meeting the Chairwoman shall re-convene the meeting at the same time ahs place on the seventh day from the date of such meeting may, if it so decides, proceed to transact business even if the requisite quorum is not present;

9.6 At any Annual or Special General Meeting each member present shall have one (1) vote.

9.7 Except as otherwise provided by this constitution, polls shall be by secret ballot.

9.8 Any member desirous of submitting a resolution may do so by sending it in writing to the secretary at least fourteen (14) days before the date of any Annual General Meeting.

9.9 The secretary shall circulate the agenda including any resolutions duly submitted by members together with any resolutions submitted by the Executive Committee at least one (1) week before the date of the meeting.

9.10 The agenda so constituted shall contain all the items of business to be transacted at the meeting.

ARTICLE 10 BRANCHES

The association may establish branches of the association in such place (s) as it may from time to time appoint.

ARTICLE 11 FUNDING

The funding of the activities of the Association shall be derived from:-

(a) Subscriptions from members

(b) Grants and donations from National or International Public bodies, private organizations, individual and intergovernmental agencies;

(c) Such other sources as the Executive Committee may from time to time deem fit;

ARTICLE 12 BOARD OF TRUSTEE

12.1 There shall be a board of three Trustees for the association, registered under the trustee (perpetual Succession) act chapter 164 laws of Kenya.

12.2 The Trustees shall be nominated by the Executive Committee and appointed by the Annual General Meeting of the Association from amongst the members of the association. The tenure of office of the Trustees shall be six (6) years.

12.3 The property of the Association shall be vested in the trustees who shall have the powers and duties defined in the trustees act chapter 167 laws of Kenya.

12.4 The Executive Committee reserves the power to suspend any trustees for
misconduct, incompetence either due to mental or physical incapacity or otherwise and refer the matter to the General Meeting for a final decision.

12.5 The quorum of trustees shall be two. In case of death or incapacity of any Trustee, The Annual General Meeting or Special General meeting shall appoint another Trustee.

12.6 Any Trustee may resign by notice in writing to the Board of Trustees copied to the secretary of the association.

ARTICLE 13 AUDITOR

13.1 The Executive Committee shall nominate and the Annual General Meeting shall
appoint an independent auditor who shall annually audit account of the associations and who can be called upon at any time it required to audit.

13.2 All reports of the auditor shall be submitted to the General Meeting.

ARTICLE 14 ALTERATION OF CONSTITUTION

14.1 Any article of the constitution or any part thereof maybe varied or repealed and any new article may be added provided that a special General Meeting be called for this purpose and the terms of the amendment, repeal or addition are circulated to members together with the notice convening the meeting and provided two thirds of those present and entitled to vote accept the amendment repeal or addition.

14.1 A special general meeting for this purpose may be held on the same day and at the same place as an Annual General Meeting.

ARTICLE 15 AGREEMENTS

Any agreement shall be validly entered into if signed for or on behalf of the association by the Chairwoman or the Vice-Chairwoman or the Vice-Woman and the secretary, or the Chairwoman and the Treasurer.

ARTICLE 16 RULES

The Executive Committee may subject to the provisions of this constitution made such regulations and rule as may e necessary for the promotion of the objects and regulations of the affairs of the association which shall, when approved by the General Meeting be binding on all members of the Association.

ARTICLE 17 DISSOLUTION

The proposal to dissolve the association will be deemed to have been passed if a majority of not less than three quarters of the members entitle to vote at the Annual General Meeting so decide, provided, however, that thirty (30) days notice of the intention to dissolve the association is clearly set out in the agenda.