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Our constitution

MATATU OWNERS ASSOCIATION OF KENYA CONSTITUTION AND RULES


1.      NAME

The name of the association shall be Matatu Owners Association of Kenya (In this constitution referred as “the Association”)

2.      The association shall have its registered office established in the City of Nairobi, Republic of Kenya.


3.      AIMS AND OJECTIVES OF THE ASSOCIATION IS ESTABLISHED

 

To provide an opportunity for each of its members to improve his/her respective economic and social status.

  • To offer members complementary savings and credit services and other financial products such as insurance saving scheme.
  • To negotiate on behalf of members for the accessibility of genuine spare parts and services.
  • To co-operate with other associations in order to promote members interests and in furtherance of this object, the association may affiliate to national and international organizations.
  • To lobby local Authorities and Government and to take concerted measures whenever the business of the association may be affected by actions or proposed actions of the said organs.
  • To institute legal proceedings on behalf of the association or affiliate members to sue and be sued on matters affecting the association and its members.
  • To gather and collect data and statistics on information determining market treads in the matatu industry.
  • To promote dialogue among all the stakeholders in the matatu industry.
  • To provide a forum through which stakeholders in the matatu industry can negotiate and exchange views affecting their business.
  • Managing the assets and funds realized from contribution from members.
  • To perform within the relevant law all those acts, deeds and things necessary to further enhance, promote or encourage any or all of the foregoing purposes and objectives provided that such acts and deeds are approved by the National Delegate Council.
  • To form branches
  • To promote and conduct road safety campaigns in order to reduce the road carnage,
  • To undertake and carry on the business of investment any monies and /or surplus funds realized, accrued or arising from the operations of the Association.
  • For the attainment of these objectives, the association may acquire donations, grants, properties and chattels and do all such other things as may be necessary subject to the approval of the National Executive Committee.
  • The Association shall be non-political.
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4.      MEMBERSHIP ELIGIBILITY

(A)

  • Any Kenyan Citizen who owns and operates a matatu shall be eligible for membership of the Association and subject to the committee become a member on payment of an non-refundable fee of Kshs. 500 or sum as may be approved from time to time.
  • An eligible member shall complete a membership application form and must produce copies of the log book and current insurance policy to proof ownership.
  • For group/jointly/family owned matatus, only one name shall appear on the members register. Membership is not transferable.

(B) Formation of Branches.

  • Individual members operating in a certain geographical area will form sub-branches of the Association. A number of sub-branches will form Branches of the Association. Branches shall be autonomous and will ensure that sub-branches therein conform to the laid down rules and recommendation from the National Executive Committee as specified in Rule 8. Branches will operate through sub-committees, which shall consist of members knowledgeable in specific/areas. The branch committee shall elect/employ a person who will be the accounting officer.
  • The National Secretariat shall issue a certificate of recognition to all branches formed as shown in rule 3 C (I). The certificate shall clearly indicate the date of issue, date of expiry and the serial number, it shall bear the signature of the National Chairman and the National Secretary General. The certificate will be sealed by the Executive Officer.
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5.      NATIONAL EXECUTIVE COMMITTEE

 

(A)The National Executive Members of the association shall be:-

  • National Chairman
  • National Secretary General
  • National Assistant Secretary General
  • National Treasurer
  • National Assistant Treasurer
  • National Organizing Secretary
  • Assistant Organizing Secretary
  • National coordinator
  • National vice chairman

All of whom shall be fully paid-up members of the association and shall be elected at the Annual National Delegates Council meeting to held in each year.

(b  All office bearers shall hold office from the date of election until the succeeding Annual National Delegates Council meeting subject to the conditions contained in sub-paragraphs (c) and (d) of this rule but shall be eligible for re-election.

(B)  Any office bearer who ceases to be a member of the Association shall automatically cease to be an office bearer thereof.

(C)  Any casual vacancies arising shall be filled by the National Executive Committee awaiting ratification by Annual National Delegates Council.

(D)The National Chairman, National Secretary General, National Treasurer shall be in the office for two years while the others will retire rotationally every one year but can be re-elected. The National Chairman, National Secretary General and the National Treasurer are eligible for re-election but limited to two terms of two years each.

 

6.      DUTIES OF OFFICE BEARERS

(a)    National Chairman– (i) The National Chairman shall, unless prevented by illness or other sufficient causes, preside over all meetings of the committee and at all general meetings.

(ii) The National Chairman shall be the official spokesperson of the Association and will therefore be expected to consult widely on issues related to the industry.

(b)   National Vice – Chairman- The National Vice chairman shall perform any duties of the National Chairman in his absence.

(c)    National Secretary General– The National Secretary General shall deal with all the day to day affairs and correspondences of the association under the general supervision of the National Executive Committee. In case of urgent matters where the National Executive Committee cannot be consulted, he shall consult the National Chairman or if he is not available, the National Vice Chairman. The decisions reached shall be subject to ratification or otherwise at the next National Executive Committee meeting. He shall issue notices convening all meetings of the National Executive Committee and all the Delegates meetings of the association and shall be responsible for keeping minutes of all such meetings of the association and for the preservation of all records of proceedings of the association and of the National Executive committee.

(d)   Assistant National Secretary General-in the absence of the National Secretary General, the Assistant Secretary General shall perform all the duties of the Secretary General and such other duties as shall be assigned to him by the Secretary General or committee whether the Secretary General is present or not.

(e)    National Treasurer-The National Treasurer shall receive and shall also disburse, under the direction of the committee, all moneys belonging to the association and shall issues receipts for all monies received by him and preserve vouchers for all monies paid by him. The National Treasurer is responsible to the National Executive Committee and to the members that proper books of  accounts of all monies received and paid by the association are written up, preserved and available for inspection and Audit.

(f)    Assistant National Treasurer- The Assistant National Treasurer shall perform such duties as may be specifically assigned to him by National Treasurer or by the National Executive committee and in the absence of the National  Treasurer shall perform the duties of National Treasurer.

(g)   National Organizing Secretary– The National Organizing Secretary shall organize and co-ordinate members from route level, sub-branch, branches and National level. The National Organizing Secretary is responsible to National Executive committee and will lead in the recruitment of members to the association.

(h)   Assistant National Organizing Secretary- in the absence of the National Organizing Secretary, the Assistant National Organizing Secretary shall perform all the duties of the National Organizing Secretary and such other duties as shall be a assigned to him by the National Organizing Secretary, or the National Executive Committee.

 

7.      NATIONAL GOVERNING COUNCIL

(a)    The National Governing Council shall consist of all the National Executive Committee members of the association and eight other members elected at the Annual Delegate Council meeting in each year, such committee members shall hold office until the following Annual Delegate Council meeting. The National Governing council shall meet at such times and places as it shall resolve but shall meet not less than once in any three months.

(b)   Any casual vacancies for members of the committee caused by death or resignation shall be filled by the committee until the next annual general meeting of the association.

(c)    To be eligible in the National Governing Council a person must:-

(i)     Be a registered owner of a matatu that must be on the road – proof will be required.

(ii)   Be an elected official/delegate from a recognized branch of the Association.

(iii)Be of sound Mind, good character and over eighteen years.

 

8.      DUTIES OF THE NATIONAL GOVERNING COUNCIL

  • The National governing council shall be responsible for the management of the association and for that purpose may give direction to the National Executive Committee as to the manner in which, within the law, they shall perform their duties.
  • The quorum for the meetings of the National Governing Council shall be not less than nine members.
  • The National Governing Council shall recommend to all AGM the establishment of routes, affiliation to sub-branches and formation of branches.Organize training for route, sub- branch and branch committee members.
  • Solicit for funding from well wishers in furtherance of the objectives thereto.
  • Lay before the AGM a balance sheet and trial account together with proposals for the disposals of net surplus if any.
  • Prepare and lay before the AGM for adoption, the estimate of expenditure for the financial year and next following the AGM and income to be earned by the Association sufficient to cover all liabilities and obligation both outstanding and anticipated for the year next following the AGM.
  • Employ and fix remuneration’s of the Executive Officer and such other employees as may be necessary to carry on the business of the association.
  • Perform such other duties as members may from time to time direct and perform or authorize any actions consistent with the Act, Rules and these by-laws, unless specifically reserved for the National Delegates council.
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9.      NATIONAL DELEGATES COUNCIL

The National Delegates Council shall consist of all the elected officials from all the registered branches of the association in accordant with rule 4 B (ii) who shall hold office until the next National Delegates Council meeting. The National Delegates Council shall meet every once a year in a place it shall resolve at any of the Administrative Provincial Headquarters in its annual National Delegates Council Meeting.

 

10.  ASSOCIATION EMPLOYEES/EXECUTIVE OFFICER

The National Executive Committee shall have the power to appoint one or more paid servants who shall carry out such duties as may be required by the National Executive Committee. The duties of the Executive Officer shall be as follows:-

  • To record the minutes of the National Executive Committee, National Governing Council and Delegates Council Meeting.
  • To ensure that Associations correspondence is correctly attended to.
  • To ensure that correct and adequate records of membership are kept.
  • To arrange in consultation with the Secretary General the calling of meetings as and when necessary.Generally to manage and cause to be managed the affairs of the Association as may be directed by the National Executive Committee.
  • To advise the National Executive Committee on all matters and actions that may affect the operation of the Matatu and other deeds which directly or indirectly affects the industry.
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11.  ANNUAL NATIONAL DELEGATES COUNCIL MEETING

a)      There shall be two classes of National Delegates Council meetings- Annual National Delegates Council Meetings and Special Delegates Council meetings.

b)      (i) The Annual National Delegates Council meeting shall be held not later than 30th April in each year. Notice in writing of such meeting, accompanied by the annual statement of account (see rule 13(b) and the agenda for meeting shall be sent to all delegates not less than 21 days before the date of the meeting and, where practicable, by press advertisement not less than 14 days before the date of the meeting.

(ii) The agenda for any National Delegates Council meeting shall consist of the following

  • Confirmation of the minutes of the previous National Delegates Council.
  • Consideration of the accounts for the year ended and a proposed budget for the following year.
  • Election  of office bearer and the committee members
  • Appointment of auditors
  • Such other matters as the committee mat decide or as to which notice shall have been given such other matters in writing by a member or members to the National Secretary General.
  • Any other business with the approval of the National Chairman.
  • A special National Delegates Council meeting may be requisitioned for a specific purpose by order in writing to the National Secretary General of not less than 50% of the registered members. Such meetings shall be held within 21days of the date of requisition.
  • Quorum for the National Delegates Council meetings shall not be less than 50% of the registered delegates from all branches.
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12.  PROCEDURE AT MEETINGS.

a)      At all meetings of the association the National Chairman, or in his absence the National Vice Chairman or in the absence of both of these officers, a member selected by the meeting shall take the chair.

b)      The National Chairman may at his discretion limit the number of persons permitted to speak in favor of and against any motion.

c)      Resolutions shall be decided by simple voting by show of hands. In the case of equality of votes, the National chairman shall have a second or casting vote.

 

13.  TRUSTEES.

a)      All land, building and any other immovable properties and all investments and securities which shall be acquired by the association shall be vested in the names of not less than 3 trustees who shall be members of the association and shall be appointed at a National Delegates Council meeting for a period of three years. On retirement such trustees shall be eligible for reelection for another term of 3years.

b)      The trustees shall pay all income received from property vested in the trustees to the treasurer. The trustees shall report any expenditure in respect of such property, which in the opinion of the trustees is necessary or desirable, to the National Executive Committee, which shall authorize the expenditure.

 

14.  AUDITOR

a)      An auditor shall be appointed for the following year by the Annual Delegates Council Meeting. All the association accounts, records and documents shall be opened to the inspection of the auditor at any time. The National Treasurer shall produce an account of his receipt and payments and a statement of assets and liabilities made up to date, which shall not be less than six weeks and not more than three month before the date of the Annual Delegates Council meeting.

b)      A copy of the auditors report on the accounts and statements together with such accounts and statements shall be vanished to all delegates at the same time as the notice convening the meeting is sent out. An auditor shall be paid such a honorarium for his duties as may be resolved by the Annual Delegates Council meeting appointing him.

c)      No auditor shall be an office bearer or a member of any of the committees of the association.

 

15.  FUNDS.

a)      The funds of the association shall consist of entrance fees, members subscription and donations, grants or gifts from other organizations or individuals. Such funds may only be used with the approval of the National Executive Committee.

b)      All monies and funds shall be received by and paid to the National Treasurer and shall be deposited by him in the name of the association in any bank or banks approved by the National Executive Committee.

c)      A sum not exceeding Kshs. 5000.00 may be kept by the National Treasurer for petty disbursements of which proper accounts shall be kept.

d)     The financial year of the association shall be from 1st January to 31 December.

 

16.  AMMENDMENTS TO THE CONSTITUTION

Amendments to the constitution of the association must be approved by at least two thirds of the delegates at Annual National Delegates Council meeting. They cannot, however, be implemented without the prior consent in writing of the registrar of Society, obtained upon application to him made in writing and signed by three of the office bearers.

 

17.  DISSOLUTION

a)      The association shall not be dissolved except by resolution passed at an Annual National Delegates Council meeting of delegates by a vote of two thirds of the members present. The quorum of the meeting shall be as shown in rule 10. If no quorum is obtained, the proposal to dissolve the association shall be submitted to a further National Delegates Council meeting which shall be held one month later.

Provided, however, that no dissolution shall be effected without  prior permission in writing of the Registrar of Societies, obtained upon application to him made in writing and signed by three of the office bearers.

b)      When the dissolution of the association has been approved by the registrar, no further action shall be taken by the National Executive Committee or any other office bearer of the association in connection of the aim of the association other than to get in and liquidate for cash all the assets of the association. Subject to the payment of all the debts of the association, the balance thereof shall be distributed in such other manner as may be resolved by the meeting at which the resolution for dissolution is passed.

 

18.  INSPECTION OF ACCONTS AND LIST OF MEMBERS

The book of accounts and all documents relating thereto and a list of members of the association shall be available for inspection at the registered office of the association by any officer or member of the association on giving not less than seven days notice in writing to the Executive Officer.

Our adresses

Tumaini House, 4th Floor

P.O. Box 2462-KNH, NAIROBI

Tel: 020-2605222

info@matatuowners.com

moakenya2003@yahoo.co.uk

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