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‫بسم هللا الرحمن‬

‫الرحيم‬ ‫"واعتصموا بحبل هللا‬


"‫والتفر قوا‬
ّ ‫جميعا‬
IN THE NAME OF ALLAH, MOST GRACIOUS, MOST MERCIFUL

SUPREME COUNCIL OF KENYA


MUSLIMS
CONSTITUTION

PREAMBLE

1. WHEREAS the unification and brotherhood of the Muslim people


irrespective of race or colour as taught by Islam has long been
cherished but as yet unfulfilled desire of all Kenya Muslims AND
WHEREAS the need for an organization at the National level to
represent, co-ordinate, correlate programme and assist in the
activities and aspirations of the Muslim Community and of the
numerous Muslim Organisations in Kenya has long been acutely felt
AND WHEREAS the Government of the Republic of Kenya has
always urged and encouraged the formation of a Muslim National
body accepted by representing and acting for all the Muslims of
Kenya and their organizations, IT IS RESOLVED that a Supreme
Council be formed with a constitution as hereafter set forth.

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2. NAME

This Council shall be known as


THE SUPREME COUNCIL OF KENYA MUSLIMS (SUPKEM).

3. AIMS

To carry out and discharge in every way possible the obligations,


duties and responsibilities Muslims owe as a Community to Islam;
to assist in and make possible the performance of such obligations,
duties and responsibilities Muslims owe as individuals to Islam, to
work for the benefit of Muslims – to bring about the spirit of
brotherhood Unity among Muslims and cooperation and unity
among Muslim organizations; to work for and bring about the true
knowledge and understanding of Islam; Islamic values, Islamic
culture, civilization and heritage.

4. OBJECTIVES

The objects of the Council shall be:-

(a) To bring together representatives of Muslim organizations and


others for periodical conference and counsel concerning the
spiritual general welfare of all;

(b) To promote the growth of united effort by its members in


Tabligh (propagation), education and in other maters in the
interest of Islam and beneficial to the progress of Muslims;

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(c) To promote the study and investigations of all problems
whether social or economic concerning the condition, progress
and improvement according to the principles of Islam;

(d) To help form an enlightened and educated Muslim opinion on


all issues affecting the spiritual, moral and physical welfare of
the Muslims of the country according to the principles laid
known in the Holy Qur’an and Sunnah, to give expression to
such Muslim opinion and to bring it to bear on public
questions and to make, if necessary representations on such
questions to the Government of Kenya.

(e) To assist, contribute, participate, support, recommend and


adopt (wholly or partly) and with the consent of the member
organizations concerned any or all of the activities and
projects of any of its member organizations and to approach
other bodies whether member organizations or not for
support, assistance and aid for the same.

(f) To hold investments, assets, land, buildings properties where


such holding will facilitate the carrying out of the Council’s
objectives and functions;

(g) To receive, evaluate and approve all appeals for financial


and/or material assistance addressed by member
organizations to donors outside the country for formal
endorsement and also to issue letters of recognition and
recommendation to all delegations leaving the country in
search of external assistance; Provided that in the event it is
decided not to grant formal endorsement and/or to issue such
letters of recognition and such decision shall only be valid if it

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has been arrived at by two thirds of all members of the
Governing Council;

(h) To receive advice from all member organizations concerning


any assistance acquired from outside the country whether
solicited or not and to seek information about the uses to
which the assistance will be put together with arrangements
made to ensure public accountability;

(i) To facilitate co-operation and collaboration between member


organizations in their programmes of activities and to serve as
agency for conciliation in the event of dispute or
misunderstanding arising between any of them.

(j) To provide a single channel of communication with the outside


world and also with the Government for all its member
organizations on any matter touching on the faith, integrity or
general welfare of Kenya Muslims.

(k) To provide administrative services for its member


organizations and also to serve as a Bureau of information on
all matters concerning Islam and Muslims for any local or
external establishment that may seek it;

(l) To do all such other things as appear conducive to the


fulfillment of the Council’s objectives and functions;

(m) To refrain from all political aspirations or activities;

(n) To appoint delegates to all Muslim meetings and conferences


outside the country.

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5. MEMBERSHIP
SUPKEM CONSTITUENCY COUNCILS

(i) Legally registered and recognized Muslim Organization,


Societies, Mosque Committees, Madrassa Committees, Youth,
Muslim disabled groups and Women groups in a Constituency
in existence for a period not less than two years, and has
evidence of providing either spiritual, social and or economic
empowerment services to Muslims, whose members are
Muslims only and recognized by local SUPKEM Council offices
may apply for membership of the Constituency Council and if
qualified and accepted, shall become a member on payment
of the prescribed fee as per the Constitution. Each Muslim
organization on becoming a member shall be eligible to send
six (6) delegates who will include youth, women and religious
representatives to the Constituency meeting to elect office
bearers of SUPKEM CONSTITUENCY COUNCIL COMMITTEE

(ii) There shall be a membership fee of Ksh. 2000/- and an


annual subscription of Ksh. 1000/- by each member
organization, 40% of which will be remitted by the
Constituency Councils to the County Council and 20%
reserved for Regional coordination including convening of
Regional Committees.
(iii) Applications for membership shall be submitted to the
SUPKEM Constituency Council accompanied by the following:
(a) A written application to the Constituency Council
applying for membership to the said Council.
(b) A copy of its Constitution

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(c) Certificate of registration or exemption.

(d) A brief summary of its activities and projects.

(e) List of current office bearers of the Organization

(f) The names of six persons who would represent it on the


SUPKEM Constituency Council if its application for
membership is granted.
(g) A non refundable application fee of Kshs. 1000/-
payable to the SUPKEM Constituency Council.

(iv) The SUPKEM Constituency Council shall, in a full SUPKEM


Constituency Council meeting grant or refuse to grant
membership to any organization.
a. All rejected applications will be referred to the REGIONAL
COORDINATION Committee with reasons thereof
b. Should there be no unanimity at the REGIONAL
COORDINATION Committee in endorsing the rejection or
otherwise, such cases will be referred to the National
Election Board constituted by the National Executive
Committee for direction. In extenuating circumstances
cases shall be referred to the Elections Appeals Board
whose decision shall be final.

(v) For the purpose of this section “Muslim Organisations” means


legally registered Muslim organizations, Mosque and
Madrassa Committees, Women Groups, Youth Groups or any
other body which in the opinion of the Constituency Council
represents the Muslim Community in the Constituency and is
lawfully constituted.

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(vi) Membership shall cease:-

(a) If in the opinion of the SUPKEM Constituency Council


the membership of the organization should be
withdrawn or cancelled with the right to appeal as per
clause 5 (iv) b
(b) If that organization informs the SUPKEM Constituency
Council in writing of its intention of not continuing as a
member of the said Council.
(c) If that organization ceases to exist or if its existence
becomes unlawful.
(d) Fails to pay annual subscription fee.

6. SUPKEM COUNTY COUNCILS

(i) Constituency Councils shall send the Chairman, Secretary,


treasurer, youth leader, women leader and religious leader as
delegates to elect the SUPKEM County Council Office bearers.

(ii) Office Bearers of the SUPKEM County Council shall be:


 Chairman
 Vice Chairman
 Secretary
 Assistant Secretary
 Treasurer
 Assistant Treasurer
 Women leader
 Youth leader
 Disabled
 Religious leader

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(iii) Quorum for all meetings of the SUPKEM County Council shall
not be less than half of its office bearers.

(iv) The functions of the SUPKEM County Council shall be :-

(a) To promote co-operation between all Muslim


organizations in the County
(b) To identify the needs of the Muslim Community in the
County
(c) To establish priorities of the Muslim Community.

(d) To represent views and aspirations of the County to the


Regional Coordinators.
(e) To call and arrange for meetings of all SUPKEM Constituency
Councils in the County at least once a year.
(f) To act as a bridge between the Muslim community and the
Government institutions/administration at the County
levels.
(g) To discuss and appoint Muslim representatives to the various
County governance structures.
(h) To encourage and promote harmonious and cordial co-
existence between the Muslim Community and others.

7. REGIONAL COORDINATION COMMITTEES

Regional Coordination Committees are established under this


constitution:-

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7:1 Composition

Every SUPKEM County Council shall send

(i) The Chairmen, Secretaries, the Treasurers, youth leaders,


women leaders and religious leaders to Regional Coordination
Committee to elect Regional Coordinators
(ii) Quorum for all meetings of the Regional Coordination
Committees shall not be less than one third (1/3) of the
SUPKEM County Council Representatives.
(iii) The Regional Coordinator shall chair all proceedings of the
Regional Coordination Committees and in their absence any
of the County Chairmen present shall chair the meeting.

7:2 The functions of the Regional Coordination Committees shall


be:-

(i) To promote co-operation between all SUPKEM County


Councils in the region.
(ii) To establish the needs and identify priorities of the Muslim
Community in the region.
(iii) To provide oversight in the management of programs, projects
and investments of the Council in the region
(iv) To liaise with the Regional Administration on issues affecting
the Muslim Community in the region.

8. REGIONAL COORDINATION COMMITTEE OFFICES


There shall be 30 Regional offices based on the Government of Kenya
Administration structure to be headed by Regional Coordinators as
follows:-

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(i) NAIROBI REGION (3)
(ii) COAST REGION (4)
(iii) NYANZA REGION (4)
(iv) WESTERN REGION (4) 30 Regional offices
(v) NORTH EASTERN REGION (4)
(vi) RIFT VALLEY (4)
(vii) CENTRAL REGION (3)
(viii) EASTERN REGION (4)

The Members of Regional offices will comprise of six (6) representatives


from each SUPKEM County Council in the region who will also represent
the SUPKEM County Councils as delegates during regional Conference to
elect Regional Coordinators. The six (6) delegates should include youth,
women and religious leaders.

9. GOVERNING COUNCIL

It shall act as the Executive body of the Council

(i) It shall consist of:

(a) 6 officials from each of the 27 regions


(b) Members of the National Executive Committee.

(ii) It shall meet at least once per calendar year on any agenda
other than National Elections provided this does not
contravene provisions of Part 14.2

(iii) It shall ensure that all decisions and policies made are duly
carried out by the National Executive Committee.

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(iv) It may expel one of its own members or adjudicate on any
suspension of a National Executive Committee (NEC) office
bearer/s already ordered by the National Chairman for
misconduct and whose decision shall be final.

(v) It shall after every five calendar years elect the Council’s
National Executive Committee (NEC) Office bearers from
among its own members as provided for in Part 14 Article
(1) subsection (i).

(vi) Provided that in the case where a Regional representative


official on the Governing Council is elected as a Council
National Executive Committee Office Bearer, the Regional
Committee which he represented shall be entitled to elect
another person from the Regional Committee Members to
take the place of the person elected Council office bearer,
and such election shall be held soon after the Governing
Council General meeting that conducted National Elections.

(vii) During National Governing Council general elections, “Every


clustered regions will be required to elect one Chairman who
will represent the clustered region as a member to the
National Executive Committee. The total number of clustered
Regions shall be eight (8).

(viii) Quorum for the Governing Council General Meetings shall be


at least two thirds of its elected officials.

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10. NATIONAL EXECUTIVE COMMITTEE - NEC

(i) The National Executive Committee shall be composed as


follows:

(a) All office bearers elected at the Governing Council


General Meeting in accordance with this Constitution.

(b) Such distinguished Muslims as may be co-opted on


account of their specialized knowledge and/or
experience by the National Executive Committee.

(ii) The National Executive Committee shall have the following


functions:-

(a) Shall supervise the administrative machinery of the


Council at all levels and shall take such measurers as
it deems necessary to implement decisions and
programmes of the Council as laid down by the
Governing Council General Meetings.

(b) It shall meet at least after every month.


 In the event of an emergency, it shall assume full
responsibility for the Council.
(c) It may organize seminars, conferences and other
activities of an education nature.

(d) It may establish specialized sub-Committees consisting


of office bearers and outside experts to investigate or
study any matter or subject or to supervise a defined
activity.

(e) Quorums for National Executive Committee shall be at


least one third of its elected officers.
(f) It may suspend one of its members of the National
Executive Committee

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11. OFFICE BEARERS

(i) The Council shall have the following elected officials who will
constitute its National Executive Committee:-

(a) National Chairman


(b) Deputy National Chairman
(c) Secretary General
(d) Deputy Secretary General
(e) Treasurer
(f) Regional Coordinators, one from each eight (8)
clustered regions
(g) Deputy Treasurer
(h) Organizing Secretary
(i) Deputy Organizing Secretary
(j) Secretary for Youth
(k) Deputy Secretary for Youth
(l) Secretary for Women
(m) Deputy Secretary for Women
(n) Director General
(o) Deputy Director General
(p) Head of Religious Affairs

12. DUTIES OF OFFICE BEARERS

(a) NATIONAL CHAIRMAN:


He shall be responsible for policy direction of the Council. He
shall preside over all meetings of the National Executive
Committee and all General or special General meetings.

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The Chairman shall, when it is not possible to consult the
National Executive Committee, act in consultation with the
Secretary General and/or any other NEC Members available
at short notice, provided that he shall seek ratification from
the National Executive Committee for his actions without
delay and unless such ratification is sought the Council shall
not be bound by the action/s of the Chairman. The
Chairman’s position should be a person of high integrity with
a degree level in both Secular and Religious Education.

(b) DEPUTY NATIONAL CHAIRMAN:


He shall deputize for the National Chairman whenever
necessary and shall in addition be responsible for such
matters as are entrusted to him by the National Executive
Committee or the National Chairman

(c) REGIONAL COORDINATORS:


 They shall chair all the meetings of the Regional
Committees.
 They shall be responsible for publicizing the affairs of the
Council in their respective regions
 They shall maintain two-way communication between the
regions and the National Executive Committee.

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(d) SECRETARY GENERAL:
 He shall be the head of the National Secretariat
with overall responsibility in the implementation
of the Council policies.
 He shall handle all correspondence of the Council
in accordance with the general policies laid down
by the National Executive Committee and shall in
the process consult the National Chairman.
 He shall ensure that meetings of the Council and
the National Executive Committee take place as
prescribed by this Constitution and at such times
as may be decided by the Chairman.
 He shall ensure that such special Committees
and sub committees as may be established
perform their functions effectively.
 He shall keep or cause to be kept a proper record
of minutes of all meetings of the Governing
Council and the National Executive Committee
 He shall ensure timely distribution of such
minutes to the Governing Council and National
Executive Committee office bearers.

(e) DEPUTY SECRETARY GENERAL:


He shall deputize for the Secretary General whenever
necessary and shall in addition be responsible for such
matters as are entrusted to him by the National Executive
Committee or the Secretary General.

(f) TREASURER:

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He shall be in charge of the Council’s finances and shall
supervise all financial transactions authorized by the
Executive Council. He shall prepare and submit to the
National Executive Committee a financial statement at regular
intervals and shall ensure that the Annual Statement of
Accounts, duly audited is endorsed by the National Executive
Committee members at the same time as the notice convening
the Governing Council General Meeting is sent out.

(g) DEPUTY TREASURER:


He shall undertake the duties of the Treasurer in the latter’s
absence and generally assist in such matters as are
prescribed by the National Executive Committee.

(h) ORGANISING SECRETARY:


He shall be responsible for maintaining relations with all other
organizations over implementation of their own programme of
activities prompting them where necessary to remain active.
He shall in the process use his best endevours to promote
collaboration among affiliated organizations thus fostering
unity in a practical manner.

(i) DEPUTY ORGANISING SECRETARY:


He shall deputize for the organizing Secretary in the latter’s
absence and shall in addition carry out such responsibilities
as are entrusted to him by the National Executive Committee.

(j) YOUTH SECRETARY:


He shall be responsible for maintaining relations with all
youth organizations with membership at the SUPKEM County
Councils over implementation of their own programme of

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activities prompting them where necessary to remain active.
He shall in the process use his best endeavors to promote
collaboration between the youth organizations thus fostering
unity in a practical manner.

(k) DEPUTY YOUTH SECRETARY:


He shall deputize for the Youth Secretary in his absence and
shall in addition carry out such responsibilities as are
entrusted to him by the National Executive Committee.

(l) WOMEN SECRETARY:


She shall be responsible for maintaining relations with all
Women organizations with membership at the SUPKEM
County Councils over implementation of their own programme
of activities prompting them where necessary to remain active.
She shall in the process use her best endeavors to promote
collaboration between the women organizations thus fostering
unity in a practical manner.

(m) DEPUTY WOMEN SECRETARY:


She shall deputize for the Women Secretary in her absence
and shall in addition carry out such responsibilities as are
entrusted to him by the National Executive Committee.

(n) DIRECTOR GENERAL:


 He shall be responsible to the Council and the National
Executive Committee for development programs as per laid
down policies and guidelines.

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 He shall be responsible for setting up and for the proper
functioning of an Electronic National Data Base for Muslim
populations and infrastructure mapping.
 He shall be responsible for the proper functioning and
coordination of Directorates established by the National
Executive Committee.

(o) DEPUTY DIRECTOR GENERAL:


He shall deputize for the Director General in his absence and
shall in addition carry out such responsibilities as are
entrusted to him by the National Executive Committee.

It shall be the duty of every principal office holder to keep the Deputy fully
informed of what is going on thereby ensuring that the latter is able to
“deputise” effectively in the absence of the former.

p) HEAD OF RELIGIOUS AFFAIRS & DEPUTY

The functions of the Directorate shall be:-

(a) To promote the spread of Islam through Tabligh (Propagation).

(b) To supervise the work of Tabligh workers including sourcing of


financial honorarium to such workers and Halal inspection and
certification.

(c) To seek the views of Ulamaa (scholars) on matters affecting


Muslims when such Muslims may not be conversant with Islamic
teachings in regard to such matters.

(d) To liaise with Regional Coordinators on their requirements and


welfare of Madrassa teachers in their respective provinces.

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(e) To standardize the payment of salaries to Madrassa teachers and
to assist needy Madrassa in the payment of such salaries.

(f) To advocate for the protection against encroachment by any


individual(s) or organization(s) of Muslim places of worship and
other Islamic religious infrastructure

13. DIRECTORATES

(a) Until otherwise varied by a special resolution passed at the


Governing Council General Meeting, there shall be Directorates
established and Directors appointed by the National Executive
Committee to work under the office of the Director General as ex-
officials but not as members of the National Executive Committee.
Directors will be called upon to address issues related to their
Directorate whenever is necessary

(b) Without prejudice to the powers of the Executive Committee under


this constitution the following directorates are established:-

1. DIRECTORATE OF EDUCATION

The functions of this directorate shall be:

(a) To promote the learning of Islamic Religious Education (IRE)


in secular schools in Muslim majority areas.

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(b) To develop and/or cause to be improved the Islamic Religious
Education syllabus in use at any given time and to promote
and facilitate the adoption or such syllabus within the
Government of Kenya Line Ministries.

(c) To liaise with Regional Coordinators on their requirements of


Islamic Religious Education teachers in their respective
provinces.

2. DIRECTORATE OF SOCIAL SERVICES

The function of this directorate shall be:-

(a) To do all things necessary for the social upliftment of members


of the Muslim Community.

(b) To do all things necessary for conflict prevention and


transformation.

(c) To assist Regional member organizations in setting up


programs for Orphans and individuals with disabilities in the
Muslim Community.

3. DIRECTORATE OF INFORMATION

The functions of this directorate shall be:

(a) To give publicity to activities and projects undertaken by the


Council and member organizations

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(b) To give publicity to the activities of the directorates
established under the constitution.

(c) To establish a newsletter or a newspaper which shall serve as


the voice of Muslims in this country in matters pertaining to
their welfare.

(d) To use such newspaper or newsletter for the propagation of


Islam in particular and advancement of Muslims in general.

4. DIRECTORATE OF DEVELOPMENT AND PLANNING

The functions of this directorate shall be:-

(a) To receive, study and evaluate projects submitted by the


member organization.

(b) To co-ordinate the activities and projects of member


organizations.

(5) DIRECTORATE OF RELIEF AND DISASTER MITIGATION

The functions of this directorate shall be:-

(a) To receive, study and evaluate reports on National or Regional


disasters.
(b) To seek out and partner with GOK and Development partners in

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Disaster mitigation

(b) To co-ordinate Relief and disaster mitigation activities and projects


of member organizations.

(6) DIRECTORATE OF LEGAL AFFAIRS

The functions of this directorate shall be:-

(a) To receive, study and evaluate all proposed legislation and advise
the council thereof
(b) To advise and provide guidance to the Chairman and Secretary
General in matters where the Council has to enter appearance in a
court of Law

(7) DIRECTOR OF HEALTH SERVICES


The functions of this directorate shall be:-

(a) To establish a Health secretariat at the National Office


(b) To assist in setting up Health Clinics, Centres, Dispensaries and
Hospitals by member organizations
(c) To be the link with the GoK and Development partners in all
Stakeholder engagements implementing Health Sector Wide Annual
Operational Plans
(d) To do all things necessary for the reduction of Diseases burden in
Muslim populations

14. GENERAL MEETINGS

There shall be two types of General Meetings.

14.1 (i) GOVERNING COUNCIL GENERAL MEETING shall at the


direction of the National Chairman be held not later than 31 December in

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each Fifth Year. Notice in writing of such Governing Council General
Meeting, accompanied by the annual statement of accounts for each of
the last five years and the agenda for the meeting shall be sent to all
Regional Coordinators 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) Quorum for Governing Council General Meeting shall be two
thirds of the six delegates from each 27 Regional Coordination Committees
(iii) The agenda for the Governing Council General Meeting shall
consist of the following:-

(a) Chairman’s address


(b) Secretary General’s Address
(c) Confirmation of the minutes of previous Governing Council
General Meeting.
(d) Consideration of the accounts for each of the last five years
(e) Election of the office bearers
(f) Appointment of trustees
(g) Appointment of auditors.

(h) Such other matters as the National Executive Committee may


propose or as to which notice shall have been given in writing by
SUPKEM County Council and endorsed by the Regional
Coordination Committee, at least four weeks before the date of the
meeting.
(i) Any other business with the approval of the Chairman.

14.2 SPECIAL GENERAL MEETING

(i) May be called for any specific purpose by the Chairman in


consultation with the National Executive Committee

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(ii) Notice in writing and Agenda of such meeting shall be sent to all
Regional Committees not less than 14 days before the date thereof
and where practicable by press advertisement not less than 7 days
before the date of the meeting.

(iii) A special general meeting may be requisitioned by a SUPKEM


County Council for a specific purpose in writing addressed to the
Chairman and approved by the relevant Regional Committee

(vi) Quorum for special general meetings shall be one third of the
Governing Council.

14.3 PROCEDURE AT MEETINGS

(a) At all meetings of the Council the Chairman, or in his absence,


the Deputy Chairman or in the absence of both the said
officers, a member selected by the meeting from among the
Regional Coordinators shall take the chair.

(b) The Chairman may by general agreement limit the number of


persons permitted to speak for and against any motion.

(c) Council resolutions shall be decided by proclamation or may be


voted by a show of hands or secret ballot. In the case of equality of
votes, the Chairman shall have a second or casting vote.

15. TRUSTEES

(a) All land, buildings and other immovable property and all
investments and securities which shall be acquired by the
Council shall be vested in the names of not less than 5 trustees
who shall not be members of the Council and shall be appointed

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for a period of five years at a Governing Council General Meeting
where Council elections are held.

The Governing Council General Meeting shall have the power to


remove any of the trustees and all vacancies occurring by
removal, resignation or death, shall be filled at the same general
meeting.

(b) The trustees shall pay all income received from property
vested in the trustees to the bank holding the account of the
Council with advice to the Treasurer.

Any expenditure in respect of such property which in the


opinion of the trustees is necessary or desirable shall be
reported by the trustees to the Executive Committee which
shall authorize disbursements as it sees fit.

16. AUDITOR

(b) (a) An auditor shall be appointed by the Governing Council


General Meeting where Council elections are held. All the
Council’s accounts, records and documents shall be open to the
inspection of the appointed auditor at any time. The treasurer
shall produce an account of his receipts and payments and a

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statement of assets and liabilities made up to a date which shall
not be less that six weeks and not more than three months before
the date of the Governing Council General Meeting where
Council elections are held .

The Auditor shall examine such annual accounts and statements


and either certify that they are correct, duly vouched and in
accordance with the law or report to the Council in what respect
they are found to be incorrect, unvouched or not in accordance
with the law.

(b) Copies of the auditors reports on the accounts and statements


together with such accounts and statements shall be
furnished to all Regional Councils at the same time as the
notice convening the Governing Council General Meeting
calling for elections is sent out.

An auditor may be paid for his services such honorarium as


may be negotiated with the National Executive Committee
through the Treasurer.

(c) No auditor shall be an office bearer or a member of the


National Executive Committee.

17. FUNDS

(a) The funds of the Council shall be derived from the following
sources:-

(i) Tenancy rental income of ISLAMIA HOUSE or any other


property of the Council

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(ii) Entrance fees and annual subscriptions paid by
member organizations:
(iii) Grants, subsidies or cash gifts from Muslim charitable
organizations, institutions, individuals or trusts which
are obtained through solicitation or are donated
voluntarily as acts of charity or partnership
(iv) Net receipts resulting from funds raising activities that
may be organized from time to time or proceeds of
material gifts that may be donated to the Council and
are sold for cash.

(b) The funds for the Council may be used for the following
purposes only:-

(i) For the promotion of the functions specified in this


Constitution;
(iii) To help, assist and participate in approved projects of
member organizations but not to distribute funds
among members as cash grants;
(iv) For such investments as are approved by the Council.

(v) For any other purposes deemed beneficial for Kenya


Muslims in particular or the nation in general.

(c) All moneys and funds shall be received by and paid to the
treasurer and shall be deposited by him in the name of the
Council in any bank or banks approved by the National
Executive Committee.

(d) No payments shall be made out of the bank account without


a resolution of the National Executive Committee authorizing
such payment except for programmes and projects whose

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total cost have already been sanctioned. All cheques on such
bank account shall be signed by the Treasurer or the Deputy
Treasurer and two other office bearers of the Council who
shall be appointed by the Committee.

(e) A sum not exceeding Kshs. 10,000/= may be kept by the


treasurer for petty disbursements of which proper account
shall be kept.

(f) The National Executive Committee shall have power to


suspend any office bearer who it has reasonable cause to
believe is not properly accounting for any of the funds or
property of the Council and shall have power to appoint
another person in his place.

Such suspension shall be reported to a special general


meeting to be convened on a date not later than three months
from the date of such suspension and the special general
meeting shall have full power to decide what further action
should be taken in the matter.

(g) The financial years of the Council shall be from 1st


January to 31st December.

18. BRANCHES

The Council may not form Branches.

19. AMENDMENT TO THE CONSTITUTION

Amendment to the constitution of the Council must be approved by


at least two third majority of members at a General Meeting of the

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Council. They cannot, however, be implemented without the written
consent of the Registrar of Societies obtained upon application made
to him in writing and signed by three of the Office bearers.

20. DISSOLUTION

(a) The Council shall not be dissolved except by 3 resolutions


passed at a Governing Council General Meeting by a vote of
two thirds of the members present. The quorum at the
meeting shall be as shown in rule 14.1 (i)

If no quorum is obtained, the General Meeting to dissolve the


Council shall be held one month later.

Notice of this meeting shall be given to the Governing Council


at least 14 days before the date of the meeting. The quorum
for this second meeting shall remain as shown in Article 14.1
(i)

(b) Provided, however, that no dissolution shall be affected without prior


permission in writing of the Registrar, obtained upon application to
him made in writing and signed by three of the office bearers.

(c) When the dissolution of the Council has been approved by National
Executive Committee or any office bearer other than to get in and
liquidate for cash all the assets of the Council. Subject to the
payments of all outstanding debts the balance thereof shall be
distributed in such other manner as may be resolved by the General
Meeting at which the resolution for dissolution is passed.

21. INSPECTION OF ACCOUNTS AND LIST OF MEMBERS

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The books of accounts and all documents relating thereto together
with a list of members of the Council shall be available for inspection
at the registered office of the Council by any officer or member of the
Council subject to a seven day notice in writing being given to the
Treasurer.

22. MANDATE

The elections of the Council shall be deemed to have been carried


out and valid in accordance with this constitution and the office
bearers shall continue in office until the Fifth Governing Council
General Meeting or on an interim period thereof.

Signed:

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