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The Harmonised Constitution of FORD –KENYA [2011]

THE CONSTITUTION

OF

FORUM FOR THE RESTORATION OF DEMOCRACY-KENYA

(F O R D – K E N Y A)

UHURU HAKI NA UKWELI


“TRANSFORMING KENYA INTO A FREE, SECURE, JUST, UNITED AND PROSPEROUS NATION
based on tenets of rule of law, human rights, TRANSPARENCY, ACCOUNTABILITY AND public
participation.’’

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The Harmonised Constitution of FORD –KENYA [2011]

ARRANGEMENT OF ARTICLES
PREAMBLE

CHAPTER ONE

1. The Party Name


2. Registration
3. Corporate Status
4. Registered office location
5. Vision
6. Mission
7. Guiding Principles and Values
8. Aims and Objectives

CHAPTER TWO -MEMBERSHIP

9. Membership
10. Ordinary Membership
11. Senior Membership
12. Associate membership
13. Diaspora Membership
14. Rights and Duties of Members
15. Resignation and Expulsion

CHAPTER THREE -GOVERNANCE STRUCTURES OF THE PARTY

16. Organizational Structures of governance


17. The National Delegates Congress (NDC).
18. Ordinary session of the National Delegates Congress
19. Special Session of the National Delegates Congress
20. The General Council
21. The National Executive Council
22. Meetings of The National Executive Council.
23. Management Committee.
24. National Nomination and Election Board
25. Functions of the National Nomination and Election Board.
26. National Secretariat.
27. Trustees.
28. Functions of the Trustees
29. Removal and Suspension of a Trustee

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The Harmonised Constitution of FORD –KENYA [2011]

CHAPTER FOUR -COUNTY ORGANIZATION

30. County Organization


31. The Sub-Branch
32. Location
33. Sub-Location
34. Diaspora

CHAPTER FIVE –MEETINGS

35. Notices of Meeting.


36. Quorum of meetings
37. Procedure of meetings
38. Recording of Resolutions Passed at Meetings.

CHAPTER SIX-CAUCUSES

39. Caucuses.
40. The Party Parliamentary Group.
41. The Parliamentary Group Leader.
42. The County Assembly Caucus
43. The Students and Youth League.
44. The Women League.
45. The Seniors’ Council.
46. The Professional Caucus.
47. The Trade Unions-COTU, KNUT and KUPET

CHAPTER SEVEN -NATIONAL OFFICIALS

48. The National Officials.


49. Duties Of National Officials:

CHAPTER EIGHT -DISCIPLINARY MEASURES

50. Disciplinary Measures.


51. . Disciplinary Measures for Office Bearers.

CHAPTER NINE -NOMINATION OF CANDIDATES

52. Party Leadership.


53. National and County Elections.
54. Nomination of Party Presidential Candidate.

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The Harmonised Constitution of FORD –KENYA [2011]

CHAPTER TEN -CONCILIATION AND ARBITRATION

55. Conciliation and Arbitration

CHAPTER ELEVEN -FINANCE AND RESOURCES

56. Finance and Resources


57. Audit and Accounts
58. Budget and Expenditure
59. Official Search, Inspection Of Accounts and List Of Members

CHAPTER TWELVE -PRESS AND PUBLICATIONS

60. Press and Publications

CHAPTER THIRTEEN -AMENDMENT TO THE CONSTITUTION

61. Amendment to the Constitution

CHAPTER FOURTEEN -WINDING UP


62. Winding up

CHAPTER FIFTEEN -General Provisions

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The Harmonised Constitution of FORD –KENYA [2011]

PREAMBLE

We, the Members of FORD-KENYA,

Hereby form a Political Party with the ultimate goal of democratically seeking to attain

power and forming a Just Government for all in the Republic of Kenya,

Appreciating sole advocacy for multi-party democracy that led to repeal of section 2(a)

of The Constitution of Kenya, introduction of pluralism and limiting the presidential

tenure to two terms.

Honoring the Founding Heroes of the Nation and of the of the Party, the young turks, the

clamor for a New Constitution and the meaningful course of reforms during the Seventh

Parliament, Being the brain child of 2nd liberation struggle.,

Promoting the general welfare of the People of the Republic of Kenya;

Acknowledging and honoring The Almighty God

ADOPT, ENACT and give ourselves and future members of the Party this

Constitution.

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The Harmonised Constitution of FORD –KENYA [2011]

CHAPTER ONE

1).Party Name
The name of the party shall be FORUM FOR THE RESTORATION OF DEMOCRACY- KENYA
(hereafter referred to as FORD –K or ‘the Party’)

2). Registration
The Party was first registered in September 1992 under the Societies Act and later in
August 2008 under the Political Parties Act No. 10 of 2007 and currently under The
Political Parties Act No. 11 of 2011.
3). Corporate Status
The Party is a body corporate with perpetual succession and a common seal and shall be
capable in its own name of:
I. Acquiring and disposing of property
II. Suing and being sued
III. Doing and/or performing all such acts and things as a body corporate may by
law do or perform
4) Registered Office Location.
The Party’s registered Head Office is at Nairobi, at Gatundu Cresent off Gatundu Road,
Kileleshwa Nairobi at Simba House whose postal address is P.O. BOX 43591-00100 GPO
Nairobi.
5) Vision
The Party envisages a free, secure, just and prosperous Country and society.
6) Mission
The Party shall promote justice, democracy, public participation for political and socio-
economic development and equitable distribution of national resources.
7). Ideology, Guiding Principles and Values
a) The Party believes in integrity, justice, equity, democracy and good governance,
transparency, accountability, tolerance and dialogue.
b) The Party is founded on the ideology of Social Democracy and its tenets of social justice, fair
and equitable distribution of resources, services and opportunities civil liberties, human
dignity and human rights, functional literacy and education, quality and adequate health
care, social welfare and social security for all citizens, the rule of law and the due process as
well as constitutionalism.
8). Aims and Objectives
The Party aims to secure political, social and economic emancipation of the People of

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The Harmonised Constitution of FORD –KENYA [2011]

Kenya, promote, protect and defend their fundamental freedoms and liberties; assure
socio-economic justice; constantly promote and advance economic development and
the well being of all the people of Kenya, irrespective of their ethnic origin, gender,
cultural background, marital status, health status, place of origin, religious persuasion or
on any other ground and shall have the following specific aims and objectives:
i. To establish structures of the Party at the International, National and County levels
and perform all such other things and acts as may be necessary for the attainment
of the aims and objects of the Party.
ii. To identify, create and nurture transformative leadership in all governance
structures, including fielding of candidates in all National and County elections.
iii. To protect and promote the fundamental rights and freedoms enshrined in the Bill
of Rights of the Constitution of Kenya and general rules of International Law.
iv. To formulate and advocate for legislations of policies that are just and improve
quality of life for all Kenyans
v. To conduct public education and awareness among citizens on social, economic
and political issues.
vi. To protect and promote full participation of women, the youth, persons with
disability, ethnic minorities and other marginalized groups in the conduct of public
affairs.
vii. To enhance the cultural life of Kenyans in all spheres of national development by
recognizing, respecting, preserving and promoting diverse progressive cultural
beliefs and practices.
viii. To promote and implement responsive citizen- driven economic policies in order
to achieve rapid growth and sustainable development through the establishment
of independent and democratic trade unions, cooperative movements, interest
and pressure groups, professional organizations and welfare associations.
ix. To ensure that all national resources of Kenya are conserved and only responsibly
exploited and equitably distributed in a sustainable manner.
x. To protect, conserve and improve the management of the environment and
ensure viable efficient and sustainable use.
xi. To protect and promote the right of all Kenyans to quality education and equal
opportunities for employment and entrepreneurship.
xii. To protect and promote the right to adequate and quality healthcare services
including reproductive healthcare.
xiii. To promote Science and Information Communication Technology.
xiv. To promote regional integration and partnerships across the continents and the
globe.
xv. To protect and promote the principle and practice of devolution in governance.
xvi. To protect and promote the functioning of commissions and independent offices.
xvii. Protect and strengthen the principle of separation of powers, checks and balances
among the organs of government.
xviii. Whenever it will dim fit to do so, enter into coalition with other like-minded
political parties with similar philosophy with a view to acquiring or retaining power
for the purpose of advancing its aims and objectives under this Constitution as

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The Harmonised Constitution of FORD –KENYA [2011]

sanctioned by the highest decision making organ of the Party.


xix. To enter into co-operation so as to enhance its aims and objectives with other like-
minded political parties and organizations as sanctioned by the National Executive
Council.
xx. To promote and protect all initiatives aimed at promoting national, regional and
global peace.
xxi. To protect and promote the rule of law, liberty, justice, pluralism, and
accountability in governance.
xxii. To protect, defend and promote the national values and principles of governance,
sovereignty of the people and supremacy of the Constitution of Kenya and its
objects.

CHAPTER TWO: MEMBERSHIP

9. Membership
A. Subject to the provisions of this Constitution, any person who accepts and shares
in the vision and supports the objectives, policies, programmers and discipline of
the Party shall be eligible to become a member of the Party.
B. A Person shall be eligible as an Ordinary Member, Senior Member, Associate
Member and Diaspora member upon payment of a subscription fee determined
by the National Executive Council with approval of the National Delegates
Congress.
C. The Party shall keep a register of all registered party members with their
identification details, region, ethnicity, gender and county

10. Ordinary Membership


A. Any person over the age of 18 years shall be eligible to become an ordinary
member of the Party upon acceptance of the Party’s ideology, vision, mission,
guiding principles and values on undertaking to support its objectives, policies,
programs and adherence to its Code of Conduct & Discipline.
B. A person shall become an ordinary member upon payment to the Party of such
an amount and annual subscription fee or other fees as determined by the
National Executive Council with approval of the National Delegates Congress.
C. An ordinary member shall have the right to vote and be voted for and take part
in all activities of the Party and shall be eligible to vie and hold any office in the
Party, access documents and information relating to the Party’s programs and
activities.

11. Senior Party Membership


A. Any person who has been an ordinary member of the Party for a continuous
period of 15years shall be eligible to become a senior member of the Party on
application to the Party National Executive Council and upon payment of such
fees as shall be prescribed by the Party.

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The Harmonised Constitution of FORD –KENYA [2011]

B. A senior member shall pay to the Party at the headquarters an annual


subscription fee or such amount as shall be prescribed by the National Executive
Council with the approval of the National Delegates Congress.
C. A senior member shall be eligible to hold any office in the Party and can apply to
the National Executive Council for permission to observe at own cost the
meetings of the General Council and the National Delegates Congress.

12. Associate Membership


A. Any legal person, entity or organization, other than a registered political Party,
can apply to the National Executive Council to be an associate member of the
Party.
B. An Associate member of the Party shall upon payment of a prescribed fee have
rights and duties as an ordinary member.

13. Diaspora Members


Subject to the provisions of the Constitution of Kenya, any other written law and this
Constitution, any person in the Diaspora who accepts and shares in the ideology, vision,
mission, guiding principles and values and supports the objectives, policies, programs and
discipline of the Party shall be eligible to become a member of FORD-K.

14. Rights and Duties of Members

Every member of FORD- K shall have the right to:

a. Participate in the affairs of the Party and or any of its Committees in accordance with the
Party Constitution and Rules;
b. Participate in the review, formulation and development of the Party’s policies and
programs in such manner and at such forum as provided for in this constitution;
c. Have access to published Party records; and
d. Be generally kept informed on matters of Party policy, administrative and organizational
affairs.
e. Shall market Party policies locally and in the Diaspora.

1. It shall be the duty of every member to:


a. Acquire information on Party Policies, understand the Party Constitution and rules,
ideology, vision, mission, guiding principles and values, vie for leadership and participate
in its programs as provided for in its rules and procedures.
b. Support and propagate the Party ideology, vision, mission, guiding principles and values
and programmers and to portray the true Party image at all times;
c. Support the Party financially, materially, intellectually, morally and in all other respects
subject to the member’s volition, ability and capacity;
d. Adhere to the Party discipline and Code of Conduct; Adhere to provisions of the
Constitution of Kenya, The Elections Act, 2011, The Political Parties Act, 2011 and any
other written laws of the Country.

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The Harmonised Constitution of FORD –KENYA [2011]

15. Membership Register


There shall be a party membership register maintained at each of the party county offices
and headquarter containing such membership details including the members
identification details, region, ethnicity, gender and county of the member as provided for
by the law governing operations of Political Parties.

16. Resignation and Expulsion


1. A member who intends to resign shall give a written notice prior to resignation to

a) the Party Secretary General, County Executive Officer; or


b) The Clerk of the relevant House of Parliament if the member is a member of parliament;
or
The Clerk of a county assembly if the member is a member of a county assembly.
b) Such resignation shall take effect upon receipt of such notice by the Secretary General
or the County Executive Officer of the party or clerk of the relevant house or county
assembly.
c) An elected President, Party official, Member of Parliament, Nominated Member of
Parliament, Governor, Senator or County representative elected/Nominated on Party
ticket loses the post held on behalf of the Party on resignation or defection from the
Party through this provision and others made by the National Constitution and the
Political Parties Act.
d) In the event of a merger, the provisions of Section 11 (7) of the Political Parties Act,
2011 shall apply.
e) A person resigning from the Party or withdrawing interest from a party post, or an
application for an elective post shall not be entitled to a refund of any subscription or
such other payment whatsoever that is made to the Party.
f) The National Executive Council, with the approval of the General Council, may expel,
suspend or exclude a Party member from carrying out any activities for gross
misconduct or infringing this constitution, after having given such a member a fair and
reasonable opportunity to answer and defend himself/herself on the allegations or
charges against the member in accordance with the Rules of Natural Justice and internal
party resolution mechanisms as provided for under this Constitution.

2. Written notice notwithstanding, a member quits the party if he/she:


g) forms another political party;
h) joins in the formation of another political party;
i) joins another political party;
j) publicly advocates for the formation of another political party;
k) Promotes the ideology, interests or policies of another political party.

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The Harmonised Constitution of FORD –KENYA [2011]

CHAPTER THREE: GOVERNANCE STRUCTURES OF THE PARTY

16. The Party shall have the following structures of governance:


A. The National Delegates Congress (NDC);
B. The General Council (GC);
C. The National Executive Council (NEC)
D. The Management Committee (MC)
E. The National Nomination and Election Board.
F. The County Executive Council (Branch)
G. The Sub-Branch Executive Committee (Constituency)
H. The Location Committees
I. The Sub-Location Committees
J. The Parliamentary Group
K. The County Assembly Caucus
L. The Women League
M. The students and Youth League
N. The Professional Caucus
O. The Diaspora (Branch)

17. The National Delegates Congress (NDC)


1. The National Delegates Congress shall be the highest decision making organ of the
Party and shall be composed of the following delegates:
a. Chair, Secretary, Treasurer, Youth Leader and Woman Leader from each branch
(County).
b. Chair, Secretary, Treasurer, Youth leader and women leader from each sub
branch (Constituency).
c. Two (2) delegates nominated by the Party Women’s League
d. Two (2) delegates nominated by the Party Students and Youth League
e. Two (2) delegates nominated by the Party Seniors Council
f. Two (2) delegates nominated by the Party Professional Caucus
g. Two (2) delegates nominated by the Diaspora
h. The Party’s sitting Members of Parliament
i. Members of the National Executive Council
One County Representative from each county
2. Elected Party County representatives attend meetings of the National Delegates
Congress as observers at their own cost.
3. The National Delegates Congress shall have the following roles and responsibilities;
a) Formulate, review, amend and ratify all the policies and rules of the Party as
presented by the National Executive Council and the General Council.
b) Receive, examine and approve the audited accounts for the period since the
previous ordinary session of the National Delegates Congress and determine the
scale of annual subscription to be paid by Party members.

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The Harmonised Constitution of FORD –KENYA [2011]

c) To elect, from among its members, the officers of the Party as set out in Article
21, 23, 24 and 25 of this Constitution on election of national officials.
d) To appoint the Auditor and fix his/her remuneration with recommendation from
National Executive Council.
e) To review, amend, ratify or reject any decision of the Party made by any of the
Party organs under this Constitution.
f) To review or amend the Party Constitution.
g) To consider, any such other item as may be referred to it by the National
Executive Council or the General Council.
h) To appoint other Committees for specified tasks and terms of reference to
report to the relevant organ of the Party.
i) To receive regular reports from the National Executive Council on the operations
of the Party.
j) To consider, approve or otherwise authorize useful alliances, coalitions, and/or
co-operations between the Party and other organizations, political parties or
bodies to realize the aims and objectives of the party.
k) To consider and approve or otherwise mergers and/or dissolution of the party.
l) To nominate at an extra-ordinary session the Party Presidential Candidate and
running mate for the Presidential Elections, Run offs and By-elections.
m) To perform such other functions as is necessary for the realization of the Party’s
aims and objectives.
n) To delegate or confer any of its powers or duties to the National Executive
Council or the General Council save that of ratifying the Party Constitution.

18. Ordinary session of the National Delegates Congress


a. Ordinary session of the National Delegates Congress shall be held every two
years at a venue and on a date as may be determined by the National Executive
Council.
b. The notice of such a meeting shall be sent out by the Secretary General at least
three weeks and the agenda at least one week before such date.
c. The notice shall be posted in at least one print media with national circulation.

19. Special Session of the National Delegates Congress


a. The Secretary General shall summon a Special Session of the National Delegates
Congress upon the decision of the National Executive Council or if requested in
writing by at least one half of the entire delegates at the preceding National
Delegates Congress or as directed by National Executive Council or General
Council. And /or
b. Specifically for the purpose of nominating the Party’s Presidential candidate and
running mate for the Presidential election, Run off, or by-election
c. The Special National Delegates Congress shall comprise of not more than five
thousand delegates equally distributed to all branches, of which not more than
two thirds shall be of the same gender.
d. A special session of the National Delegates Congress shall not be invalidated by

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The Harmonised Constitution of FORD –KENYA [2011]

reason of absence of notice as provided in (a) above.

20. The General Council


1. The General Council of the Party shall consist of the following members;
a. All members of the Party National Executive Council;
b. All the Party Branch Chairpersons;
c. All the party Sub-Branch chairpersons
d. The Members of the Party Parliamentary Group;
e. Two representatives Party Students and Youth League;
f. Two representatives Party Women’s League;
g. Two representatives Party Professional Caucus; and
h. Two representatives Party’s Senior Council.
i. Two representatives Party Diaspora
j. One County Representative from each County

2. The functions and duties of the General Council shall be:


a. To formulate and review the policies of the Party;
b. To receive reports from the National Executive Council on the operations of
the Party; and
c. To direct and supervise the affairs of the Party between sessions of the
National Delegates Congress;
d. Between the sessions of the National Delegates Congress:
i) Under extra-ordinary circumstances, to functions as an electoral college for
nomination of Presidential candidate and running mate
ii) To elect officers to the Party National Offices that may fall vacant by
reason of death, resignation or on other account.
e. Subject to ratification by the National Delegates Congress, to perform such
other functions as may be necessary for the proper running of the Party.
3. The General Council shall meet at least once a year.
4. The procedure and quorum for calling the meeting for the General Council shall be
the same as those for the meetings of the National Delegates Congress.

21. The National Executive Council


1. The National Executive Council shall consist and be composed of:
a. Officials elected at the National Delegates Congress or at a later date by the
General Council with the authority of the National Delegates Congress.
b. The Party Parliamentary Chief Whip to represent the Parliamentary Group.
c. The Chairperson and Secretary of the Trustees
d. The leader of the Students and Youth League
e. The leader of the Women’s League and
f. The Chair of The Seniors’ Council
g. The chair of the Professional Caucus
h. The representative/liaison of the Diaspora
i. The Executive Director as an ex-officio

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The Harmonised Constitution of FORD –KENYA [2011]

2. The National Executive Council shall have the following functions:


a. To act as the executive body of the National Delegates Congress and to ensure
that all decisions and policies made are duly carried out and implemented by the
Party and its Secretariat;
b. To supervise the administrative machinery of the Party at all levels and to take
such measures it deems necessary to enforce the decisions and programs of the
Party as laid down by the National Delegates Congress and the General Council
and Lower organs of the party;
c. To work in liaison with the Party Parliamentary Group;
d. To work in liaison with the party County Assembly Caucus;
e. To work in liaison with the Diaspora Branch
f. To make rules for approval by the National Delegates Congress;
g. To appoint other committees for specified tasks including the panel of
arbitrators, National Nomination and Election Boards as specified by this
Constitution and the terms of office including the manner and frequency of
reports by or from such committees;
h. To plan and co-ordinate grassroots elections and the election of delegates to the
National Delegates Congress;
i. As an electoral college under the National Nominations and Elections Board;
i). To develop Party Lists for appointment/nomination of Party representatives in
County Assemblies, Parliament (National Assembly and Senate), the East
Africa Legislative Assembly and the African Parliament
ii). To appoint party representatives to other organizations to which the Party
relates;
j. To establish, co-ordinate and conduct various schemes aimed at stimulating
Party activities;
k. To prepare the agenda for and reports for the National Delegates Congress and
General Council.
l. To operate and determine the manner in which the Party accounts and finances
shall be managed.
m. To ensure co-ordination and harmonious operations between the different Party
caucuses and groups established by this Constitution.
n. To discipline, suspend, expel and/or dissolve any County or Lower Executive
Committee of the Party.
o. To consider and ratify the decisions of the Management Committee and
petitions from the Branches and the County Executive Committee.
p. To draw a program for the National officials to visit and meet branch executives
throughout the republic.
q. To ensure that scheduled meeting of all organs of the party take place as set by
this constitution.

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The Harmonised Constitution of FORD –KENYA [2011]

22. Meetings of the National Executive Council


Meetings of the National Executive Council shall be held at least once in every three (3)
months.
a. The notice for the Ordinary National Executive Council meeting shall be between
seven-fourteen days and shall be given by the Secretary General.
b. There shall be a Special National Executive Council meeting which shall be held
as need arises. The notice period in (a) above shall not apply to the calling of a
Special National Executive Council meeting.
23. The Management Committee
1. Management Committee shall direct and supervise the day to day activities and affairs
of the Party on behalf of the National Executive Council and shall meet at least once
every month or more frequently as need arises.
2. The Party Leader, the National Chair, 1st Deputy Chair (Internal Affairs), 2nd.Deputy Chair
(External Affairs), Secretary General, National Treasurer, National Organizing Secretary,
the Vice Chair County Coordination, Vice Chair Women League, the Vice Chair Students
and Youth League, the Vice Chair Persons with Disability, Secretary for Constitutional
and Legal Affairs; the secretary Public Policy and Economic Affairs, Secretary for
Information, Mobilization and Publicity, Chair of Women’s League, Chair of Students and
Youth League, The Chair of the Professional Caucus; the Parliamentary Chief Whip, shall
all be members of the Management Committee of the Party.
3. The Executive Director or, (in absence), the Deputy Executive Director shall attend and
keep record of the meetings of the Management Committee as an ex-officio member.
4. In the absence of any Principle member of the Party Management Committee, the
Deputy shall attend instead as full member.
5. The Management Committee shall ensure that scheduled meeting of all organs of the
Party take place as set by this Constitution.

24. The National Nomination and Election Board


1. There shall be a National Election and Nomination Board constituted by the National
Executive Council at least 6 months before the date of the General Election and one
month to Party Grassroots elections whose members shall not be officials and /or
officers of the Party at any level.
2. The Board shall consist of a Chairperson and not more than 8 other members all who
shall strictly abide by the guiding principles of leadership and integrity as provided for in
Chapter Six of The Constitution of Kenya and shall hold office for a period of 4 years on
ad hoc basis.
3. Neither Gender shall be more than Two Thirds of the members of the board.
4. The Director of Election shall be the secretary and ex-officio member to the Board with
the Deputy assuming the duties in the absence of.
5. The Party’s Executive Director shall also be an Ex- Officio Member of the Board.
6. In discharging its functions the Board shall not be under the directions of any
person and shall act in accordance with the rules of Natural Justice, The National
Constitution of Kenya, The political Parties Act, The Elections Act, The Party Constitution,
The Party Nominations and Elections Rules and any rules of procedure that it may

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The Harmonised Constitution of FORD –KENYA [2011]

promulgate in accordance with the Party Constitution.


7. The Board shall preside over all elections in the party and shall put in place structures to
ensure effective:
a). National Nominations and elections;
b). County Nominations and Elections
c). Sub-Branch Nominations and Elections.
d). Supervision of Sub-branch, County and National decision making organs to prepare
party lists of candidates for nomination.
8. The National Executive Council shall meet the costs of the Nominations and Elections
Board.

25. The National Nomination and Election Board Shall:


i. Supervise and guide the Party nominations in accordance with Chapter Six and Seven of
The Constitution of Kenya, The Elections Act 2011, Article 9 of this Constitution, and any
other rules and regulations as provided for by any other Laws, By-laws of Kenya.
ii. Ensure that all party candidates meet the National, County and Party nominations and
elections criteria, Set up a time table for Completion of the Nomination of Party Candidates
before any elections as provided strictly by The Elections Act and the Party’s Constitution,
Nominations and Elections Rules.
iii. Ensure gender parity and conformity with the Constitution of Kenya and the party
Constitution.
iv. The National Executive Council shall have the power to determine the nomination criteria
and vetting procedure for appointment of the Nomination and Elections Board.

26. Party National and County Secretariat


1. a) There shall be National Executive Director and Deputy Executive Director
appointed by the Management Committee with the approval of the National
Executive Council.
b) There shall be a County Executive Officer and Deputy Executive officer appointed
by the County Executive Committee with the approval of the National Executive
Council.
2. a) The National Executive Director shall be head of the National Secretariat
answerable to the Secretary-General and shall attend and take minutes and
resolutions of all meetings of the organs of the Party and shall in addition, perform
such other duties as may be assigned by the Management Committee or other
organs of the Party;
b) The County Executive Officer shall be head of the County Secretariat answerable to
the Secretary of County Executive Committee and shall attend and take minutes and
resolutions of the meetings of the Party at County level and shall in addition, perform
such other duties as may be assigned by the County Executive Committee .

3. a) The National Executive Director shall be in charge of the National Secretariat run
on a professional basis under the guidance of the Management Committee and the
National Executive Council.

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The Harmonised Constitution of FORD –KENYA [2011]

b) The County Executive Officer shall be in charge of the County Secretariat run on a
professional basis under the guidance of the County Executive Committee.

4. a) The National Executive Director shall recruit such staff, either on full time and/or
part time basis as are necessary to run the National Secretariat upon the advice and
approval of the Management Committee and the National Executive Council.
b) The County Executive Officer shall, recruit such staff, either on full time and/or
part time basis as are necessary to run the County Secretariat upon the advice of
County Executive Committee and approval of the Management Committee.
5. The National Executive Director shall compile and produce all draft policy
documents to the National Executive Council for review and approval.
6. a) The National Executive Director shall assist the Secretary General to co-
ordinate the National Secretariat and other organs of the party for harmonious
operation of the party.
b) The County Executive Officer shall co-ordinate smooth linkage and operations
between the County Executive Committee and the Sub-Branches, Locations and
Sub-Locations.
7. The Deputy Executive Director & Deputy Executive Officer shall deputize the
National Executive Director & County Executive Officer respectively in all other
respects.
8. The National Executive Council shall formulate such Party policies necessary for the
running of the party affairs including Human Resource Policy, administration,
procurement and disposal policy, and financial management policies based on
National and International laws.

27. TRUSTEES
a) There shall be Trustees who shall be persons of integrity for institutional memory and
heritage of the Party.
b) There shall be not more than fifteen trustees appointed by the Party Leader and the
National Executive Council with the approval of the National Delegates Congress.
c) The National Executive Council shall have the power to determine the nomination
criteria and vetting procedure for appointment of the Trustees.

28. The Functions of Trustees


They shall:
a) Play an advisory and guidance role in the party
b) Assist in resource mobilization for the Party
c) Be ambassadors of the Party

29. Removal and Suspension of a Trustee


1. The Party Leader shall suspend or recommend the removal of a Trustee pending the
approval of the NDC on the following grounds:
a. Voluntary resignation in writing;
b. Under circumstances stated in Article Sixteen of this Constitution

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c. Bankruptcy
d. If a motion calling for removal is proposed by the National Executive Council or
the General Council and passed by two thirds majority of the National Delegates
Congress
e. Breach of Party discipline, Code of Conduct or the provisions of Leadership and
Integrity of the National Constitution and other written laws;
f. Death or incapacitation
g. If convicted of any criminal offence
2. No person shall be eligible to be appointed as a trustee of the Party if that person has
previously been convicted of any offence of impropriety or dishonesty and has not had a
successful appeal against such conviction.
3. The Trustees shall formulate rules and procedures to govern their affairs with the
approval of the National Executive Council.
4. The trustees shall elect from among themselves the Chair and the Secretary who shall
be of alternate gender.

CHAPTER FOUR: ORGANIZATION STRUCTURE OF THE PARTY


30. The County (Branch) Organization
1. The Party shall devolve to the County and shall have the County as the Branch formed
on the basis of the current Forty Seven Counties in Kenya.

2. The Party County Forum:


a) There is established a Party County Forum as an Electoral College made up of five
NDC delegates from each Sub-Branch (Constituency) to elect members of the
County Executive Committee.
b) The County Forums (Electoral Colleges) with fewer delegates than the required
number of members to be elected to the County Executive Committee shall use the
entire Sub-Branch Executive Committee (26) including at least two officials from
each Location to establish the County Executive committee.
c) The Location officials drawn into the County Forum shall be the Chairman and
the secretary or their deputies.
3. Each County shall have a County Executive Committee composed of:
Chairperson, Vice-Chairperson, Secretary, Assistant Secretary, Treasurer, Assistant
Treasurer, Organizing Secretary, Assistant Organizing Secretary, Branch Students and Youth
League Leader and Branch Women League Leader
a. Sixteen (16) Committee members representing business community, religious
fraternities and the Minorities and the Marginalized of whom at least five (5)
shall be women and five (5) shall be youth
b. At least one (1) person with disability
c. The County Executive Officer as an ex-officio member
d. Local Party Members of Parliament from the County
e. Party representatives to County Assembly
f. Party National Officials from the Branch as Ex-officio members

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4. The County Executive Committees shall reflect the demographic, ethnic, religious, and
Gender diversity of the County.
5. The County Executive Committee shall meet every two months to promote affairs of the
party in the County.

6. Members of the County Executive Committee shall be responsible for the day to day
management of the affairs of County and shall;
a) Open and establish, and maintain Party County Office
b) Advocate for and protect public interest in the County
c) Recruit members,
d) Propagate and promote the Party’s aims and objectives in the County.
e) Scout for men and women of integrity to vie for electoral seats in the Party, the
County Assembly and the Parliament.
f) Represent Party on Development committees.
g) Promote political and general education amongst the people of the branch;
h) Work under the direction of the Management Committee and the National
Executive Council, and the provisions of this Constitution.
i) Ensure strict discipline and adherence to Party policies and programs among individual
Party members;
j) Recommend to the Party National Executive Council cases for disciplinary action
within the County.
k) Coordinate party activities of the Sub-Branches.
l) Prepare quarterly reports to the National Executive Council on status of Party
activities in the Branch.
7. The members of the County Executive Committee shall hold office for a period of four
years and shall be eligible for re-election
8. The term of office for elected members of the County Executive Committee shall lapse
at every Party election but reconstituted in the build up to the election of National
officials.
9. The quorum for meetings of the County Executive Committee shall be one half of the
total membership.
10. There shall be County Annual General Conference of the County Assembly and the
County Executive Committee and shall be held once every year to review and report on
the progress of the party in the County to the National Executive Council.

31. The Sub-Branch (Constituency)


1. The Constituency as defined in the Kenya Constitution shall be the Sub - Branch of the Party.
2. Each Sub branch shall have locations and Sub-Locations defined by Administrative
boundaries or County electoral/administrative boundaries.
2. The Sub-Branch shall have an Executive Committee which shall consist of:
a. Chairperson, Vice-Chairperson, Secretary, Assistant Secretary, Treasurer,
Assistant Treasurer, Organizing Secretary, Assistant Organizing Secretary,
Constituency Youth League Leader and the Constituency Women League Leader;

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b. Sixteen (16) Committee Members representing the business community,


religious fraternities, the Minorities and the Marginalized of whom at least five
shall be women and five shall be youth
c. The representative of Persons with Disability
d. Party County representatives to County Assembly
e. The Party Member of Parliament
f. No more of two thirds shall be of the same Gender.
3. Members of the Sub-Branch Executive Committee shall be responsible for the day to day
management of affairs of the Sub-Branch and shall:
a. Recruit members into the party;
b. Propagate and promote the Party’s Vision, Mission, core values, aims and
objectives in the area;
c. Be the public watchdog
d. Be the Party’s agents/representatives on all matters of development in the area.
e. Promote unity and uphold party discipline.
f. Identify strong candidates for Party, County and Parliamentary elections.
4. The members shall hold office for four years under the provisions of Leadership and Integrity
to be eligible for re-election at end of the term.
5. There shall be a Sub-Branch Annual General Meeting which shall consist of:
a. Members of the Location Executive Committee
b. Members of all sub-Location Executive Committee
6. The Sub-Branch Annual Conference shall review and improve on Party performance in the
County.
7. The Sub-Branch Annual Conference shall also ratify replacements of officials in the Sub-
Branch made due to defections, resignations, or other reasons.
8. All universities/Constituency Colleges in the Country shall constitute a Single Sub-branch of
the Party and shall be organized on the framework of the sub-branch established under
Article 31 (3-6) of this Constitution.
9. The Sub-Branch Executive Committees shall meet every two months to promote Party
business in the Constituency.

32. Location/Ward
1. Each Sub-Branch shall be divided into Locations/Wards based on administrative
boundaries or electoral boundaries for County representation as need arise.
2. Each Location shall be governed by an Executive Committee which shall consist of:
a. Chairperson, Vice-Chairperson, Secretary, Assistant Secretary, Treasurer,
Assistant Treasurer, Organizing Secretary, Assistant Organizing Secretary,
Location/Area Youth Leader and Location/Area Women Leader.
b. Sixteen Committee Members representing the business community, the religious
fraternities, the Minorities and marginalized of whom at least five shall be
women and five shall be youth.
One Person with Disability.
3. The elected officials specified in (2) above shall be responsible for the day to day
running of the affairs of the Location and shall perform duties and responsibilities

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similar to the Sub-Branch which include membership recruitment, the advocacy of


public interest and the propagation of the party’s Vision, Mission and Core values; the
Aims and Objectives.
4. The Location officials shall be elected by an Electoral College made up of Sub-Location
Executive Committees elected during Party grassroots elections and shall hold office for
four years under the provisions of National Values, Leadership and Integrity of the
Constitution of Kenya.
5. The Location Executive Committee shall meet every two months to strengthen and
promote party interests in the area.
6. There shall be a Location Annual Assembly made up of Location and Sub-Location
Executive Committees to strengthen and improve on party performance in the areas.

34. Sub-Location
1. There is established a Sub-Location Executive Committee based on Sub-location
administrative boundaries or other similar established by law for same unit at the
County level.
2. The Sub-Location Executive Committee shall have the same structure as the Location
with similar functions and responsibilities of recruiting members, advocating for public
good and marketing the party’s Vision, Mission, Aims and Objectives and core values in
the villages
3. The Officials and members of the Sub-Location Executive Committee shall be elected by
registered ordinary members of the party during Grass-roots elections.
4. The officials of the Sub-Location Executive Committee shall hold office for four years
under the provisions of National Values, Leadership and Integrity of the National
Constitution and shall be eligible for re-election after expiry of the term.

35. Diaspora Branch


a) There is established a Diaspora Branch for Kenyans abroad as an arm of FORD-Kenya.
b) Party Members in the Diaspora shall set up Chapters based on residential Cities to uphold
and disseminate the party’s Vision, Mission, Core Values, Aims and Objectives.
c) Each Party Chapter set up in the Diaspora shall operate on provisions of Article 31 of this
Constitution and shall link frequently with the Party’s Management Committee through the
National Secretariat.
d) Every Party Chapter in the Diaspora shall meet quarterly and submit progress reports to the
Party Headquarters.
e) The Party Chapters in the Diaspora shall meet as often as possible to promote the interests
of the Party.

CHAPTER FIVE: MEETINGS


36. Notices of Meeting
Notices for meetings should be given as specified in conditions for convening different organs
of the party as provided for by Chapter 3 of this Constitution

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37. Quorum of meetings


The quorum for the Management Committee, National Executive Council, the General Council
and the National Delegates Congress, National Nomination and Election Board, all County and
Sub-Branch, Location and Sub-Location/Area meetings shall be half of the membership of the
organ.

38. Procedure of meetings


a) The meetings of the National Delegate Congress (NDC) and the General Council (GC)
shall be presided over by the Party Leader or any of the Deputy Party Leaders in the
absence of the Party Leader.
b) The meetings of the National Executive Council (NEC) and the Management Committee
shall be presided over by the National Chairman, or, any of the Deputy Chairs, or any
other National Party official appointed by the chair in the absence of the Deputy Chairs,
or by members present in the meeting in the absence of authorized officials.
c) For Branch/County, Sub-Branch, Location and Sub-Location meetings, the Chairperson
or Vice-Chairperson shall in writing, nominate one of the members to preside in their
absence.

39. Recording of Minutes and Resolutions Passed at Meetings.


a) Resolutions, unless otherwise stated in this Constitution, shall be decided by consensus
or simple majority vote.
b) In the event of an equality of votes at any meeting, the Chairperson shall cast a deciding
vote.
c) The minutes and resolutions of every meeting of party organs shall be duly
recorded/written.
d) The chair at all times shall be in charge of meetings. In his absence his absence his
deputy shall assume chair.
e) In case of misconduct by any member, then the chair with simple majority vote shall
exclude the member(s) from that particular meeting.
f) All meetings of the party organs shall be held as scheduled unless in circumstances
which have been properly explained to the members in writing within seven days of the
meeting.

CHAPTER SIX: CAUCASES


40. Caucuses
1. Apart from the main organs, the Party shall have other complimentary structures to
embody critical constituencies, which shall be:

a. Parliamentary Group
b. County Assembly Caucus
c. Students and Youth League
d. Women’s League
e. Seniors Council
f. Professional Caucus

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41. The Party Parliamentary Group


a) The Party Parliamentary Group shall consist of all elected and Nominated Members of
the National Assembly and the Senate including those Nominated to the East African
Legislative Assembly or such other regional, Continental Legislative bodies as may exist.
b) The Party Parliamentary Group shall constitute the Party Parliamentary Think Tank
which may co-opt other persons with experience and expertise as it may determine to
support and promote its agenda. It shall consider Parliamentary business, receive and
consider public issues and represent the Party’s position in House debate and outside
and shall initiate and drive party legislative agenda on National issues.
c) The Party Parliamentary Group shall represent the Party in Parliament and such other
assemblies as stated in paragraph (a) to propagate and advocate the Party’s Vision,
Mission, Core Values, aims and objectives and shall constitute the link between the
parliament and the Party.
d) The Parliamentary Group shall formulate the rules of procedure for its meetings and
shall meet at least once every two weeks or as often as circumstances may demand to
mainstream Party position on National Agenda.
e) The Party Parliamentary Group shall submit periodic reports of its Parliamentary
activities and programs to the Management Committee for consideration.
f) The Parliamentary Group shall appointee a nominee to represent it in the Party organs
as provided in this constitution.

42. The Parliamentary Group Leader

a. The Party Parliamentary Group Leader shall be the person elected by Members of
National Assembly and those elected to the Senate..
b. The Party Leader or the Deputy Party leader or the National Chair shall be the automatic
Parliamentary Party Leader if elected to Parliament.
c. If the Parliamentary Group hit a stalemate in the election of the Parliamentary Party
Leader at the first session of Parliament, the Party’s National Executive Council shall
intervene to resolve the impasse.
d. No Member of Parliament, Senate or County Assembly shall be an office bearer in the
party.

43. The Party County Assembly Caucus


a. There is established a County Assembly Caucus made up of elected and nominated Party
County representatives in each County.
b. The Party County Assembly Caucus shall be organized on Principles set up in Articles 41
and 42 of this Constitution for the Party’s Parliamentary Group and shall have similar
duties and responsibilities at the County level.
44. The Students and Youth League

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a) There is established the Students and Youth League which shall be constituted by the
members of the Party who are below the age of 35 years.
b) Role of the Students and Youth League
c) The Students and Youth League shall propagate, disseminate and advocate the Party
vision, mission, Core Values, Aims and Objectives among the Youth in Kenya and shall
concern itself with National Agenda and programs affecting a cross-section of the Youth
to ensure they are Value and Issue based.
d) The Students and Youth League shall recruit members into the Party and its movement,
Mobilize Resources, fund raising and perform any other Function as may be delegated
by the National Executive Council.
e) The Students and Youth League shall in pursuance of its mandate links its activities with
those of the mother party in order to promote the aims and objectives of the Party and
shall regularly consult with the Management Committee.
C. National Offices of the Students and Youth League.
I. For the proper management of the affairs of the Students and Youth League, there shall
be a Youth National Executive Committee consisting of the following elected officials
holding office for a term of 4 years from the date of election: Chairperson, Deputy
Chairperson, Secretary General, Deputy Secretary General, Treasurer, Deputy Treasurer,
Organizing Secretary, Deputy Organizing Secretary and Five committee members
representing specified youth interests.
II. The duties of the Office Bearers shall be such as are implied by their respective titles and
as is stated in this constitution. All officers shall make a permanent record of their work
and shall turn it over to their successor within thirty (30) days at the expiration of their
term of office.
III. The National Executive Committee shall be elected at a Youth Delegates Conference
which shall consist of the Following delegates:

i) 290 Sub-Branch youth representatives being one youth representative per branch
elected during the party elections,

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The Harmonised Constitution of FORD –KENYA [2011]

ii) 47 County youth representatives being one youth from each County elected during
the party election.
iii) Two student representatives of the Universities & tertiary colleges elected during
the party elections.
iv) Such number of delegates as may be determined by the Students and Youth league
National Executive Committee to represent gender and the face of Kenya.
v) The selection of National delegates will take into consideration the one third
mandatory gender representation
D. Meetings of the Students and Youth League National Executive Committee.
i. The Youth League National Committee shall meet at least once every six month.
ii. Shall formulate its own rules of procedure at its meetings and for other matters to
govern the affairs of the Youth League.
E. The Students and Youth League shall be represented in the Party Organs as provided
for in this Constitution.
45. The Women League
a. The Women’s League shall be constituted by female members of the Party who
subscribe to the League and shall concern itself with matters, issues and programs
affecting women and children in Kenya and generally and all such other matters as the
Women League and the Party may decide.
b. The Women’s League shall propagate, disseminate and advocate the Party vision,
mission, core values, aims and objectives among the women of Kenya and sensitize the
Kenyan society with regard to the rights of women and children, the need for gender
equality and generally be one of the main agencies through which the Party shall reach
the Kenyan public with a view to achieving its vision.
c. The Women’s League shall have structures similar to the Party organization at the
National, county and lower levels.
d. The Women’s League shall be led by a National Committee with such offices as the
League may determine. The National Committee shall be constituted by a
representative from every County.
e. The Women’s League National Committee shall meet at least once in every twelve
months and shall formulate its own rules of procedure for its meetings and for the
regulation of its affairs and business.
f. The Women’s League shall nominate and be represented in the Party organs as
specifically provided in this constitution.

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The Harmonised Constitution of FORD –KENYA [2011]

46. The Seniors’ Council


a. There is established a Seniors Council to provide a forum for information exchange and
experience shearing between older members of the party and rest of the party organs
for historical links with posterity.
b. The Seniors’ Council shall consist of senior members of the party.
c. The Seniors’ Council shall provide advice to the National Executive Council, the General
Council and the National Delegates Congress and shall appoint such number of
representatives to the Party’s organs as provided in this constitution.
d. The Seniors’ Council shall constitute the link between the Party and the senior citizenry
in Kenya and shall disseminate, propagate and advance the Party vision, mission, core
values, aims and objectives among the people of Kenya.
e. The Seniors’ Council shall formulate its own rules and procedures to regulate its affairs
and business and shall be represented in the National Executive Council as provided for
in this constitution.

47. The Professional Caucus


a. The Party’s Professional Caucus shall consist of such persons with expertise or skills and
experience in a particular field and who subscribe to and support the Party’s vision,
mission, core values, aims and objectives, and or
b. Who are not members of any of the other Party organs and are ready and willing to
support the Party programs intellectually and materially and shall meet at such time and
place as determined by the National Executive Council.
c. The Professional Caucus shall be represented in the Major Organs of the party as
provided for in this Constitution.
CHAPTER SEVEN: NATIONAL OFFICIALS
48. The National Officials
1. The Party shall have the following National Officials elected by the National Delegates
Congress (NDC) on the basis of National values, the face of Kenya and on Leadership and
Integrity.
1. Party Leader
2. Deputy Party Leader – Policy
3. Deputy Party Leader - Resource and General Mobilization

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The Harmonised Constitution of FORD –KENYA [2011]

4. National Chairperson
5. 1st.Deputy Chairperson – Internal Affairs
6. 2nd.Deputy Chairperson - External Affairs
7. Vice Chairperson – Youth Affairs
8. Vice Chairperson – Women and Children Affairs
9. Vice Chairperson – Persons physically challenged
10. Vice Chairperson – County Co-ordination
11. Secretary General
(i) 1st. Deputy Secretary General
(ii) 2nd. Deputy Secretary General
12. National Treasurer
(i) Deputy National Treasurer
(ii) Assistant National Treasurer
13. National Organizing Secretary
(i) 1st. Deputy National Organizing Secretary
(ii) 2nd. Deputy National Organizing Secretary
(iii) Asst. National Organizing Secretary
14. Secretary for Information Mobilization and Publicity
(i) Deputy Secretary for Information and Publicity
(ii) Asst. Secretary for Information and Publicity
15. Secretary for Environment
(i) Deputy Secretary for Environment
16. Secretary for Public Policy and Economic Affairs
(i) Deputy Secretary for Public Policy and Economic Affairs
17. Secretary for Constitutional and Legal Affairs
(i) Deputy Secretary for Constitutional and Legal Affairs
18. Secretary for Human Rights and Democratization
(i) Deputy Secretary for Human Rights and Democratization
19. Secretary for Labor Relations
(i) Deputy Secretary for Labor Relations
20. Secretary for Religious and Spiritual Affairs
(i) Deputy Secretary for Religious and Spiritual Affairs
21. National Director of Elections
(i) Deputy National Director of Elections
(ii) 2nd.deputy National Director of Elections
(iii) Assistant National Director of Elections
22. Secretary for Agriculture, Livestock Development and Food Policy
(i) Deputy Secretary Agriculture, Livestock Development and Food Policy
23. Secretary for Education and Social Services
(i) Deputy Secretary for Education and Social Services
24. Secretary for Information Technology (IT), Research & Development
(i) 1st. Deputy Secretary Information Technology (IT), Research and
Development
(ii) 2nd.Deputy Secretary, Information Technology (IT), Research and

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The Harmonised Constitution of FORD –KENYA [2011]

Development
25. Secretary for the Minorities and Groups with special Needs.
(i) 1st. Deputy Secretary for Minorities and Groups with Special Needs
(ii) 2nd. Deputy Secretary for the Minorities and Groups with special Needs.
26. Secretary for Persons with Disabilities
(i) Deputy Secretary for Persons with Disabilities
27. Secretary for County Co-ordination
(i) 1st. Deputy Secretary for County Co-ordination
(ii) 2nd. Deputy Secretary for County Co-ordination

2. The National officials shall be eligible for re-election at end of term.


3. Neither gender shall constitute more than two thirds of the composition of the National
Executive Council.
4. The elected National Officials, together with the Executive Director, the Party’s
Parliamentary Chief Whip, the Chair of the Professional Caucus, the Chair and Secretary of
the Board of Trustees, the Chair of the Women League and Chair of the Youth League,
Chair of the Professional Caucus and Chair of the Seniors’ Council shall constitute the
National Executive Council (NEC) which shall meet at least once every three months.

49. Duties of National Officials:


1).Party Leader:
a. Shall be the symbol of unity in the Party.
b. Shall be the overall leader of the Party and shall at all times embody and espouse
the vision, mission, core values, aims and objectives of the Party.
c. Shall in consultation with the National Executive Council champion the Party’s
campaign to unite the country, win elections and form the next government.
d. Shall promote, popularize and strengthen the Party’s membership base to ensure
national spread and the achievement of the Party’s aims and objectives.
e. Shall ensure and enhance the Party’s cohesion and National Unity.
f. Shall in consultation with the National Executive Council, the General Council and
the National Delegates Congress lead the Party into negotiations to form coalitions
with likeminded parties in the forming of government when necessary to do so.
g. Shall nominate fifteen Trustees on the basis of National principles for appointment
by National Executive Council and the National Delegates Congress.
h. Shall in consultation with the National Executive Council confer commendations to
members for outstanding loyalty and dedicated service to the Party.
i. Shall in conjunction with the Senior members and Trustees counsel and reconcile
warring members to eliminate friction in the Party.
j. Shall Chair all sittings of the General Council and the National Delegates Congress
and any other Party meetings.

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The Harmonised Constitution of FORD –KENYA [2011]

k. Shall provide inspiring leadership and visit all Counties at least once every year.
l. Shall be the principle and mandatory signatory to Coalition agreements and other
Party documents.
m. Shall ensure the implementation of all party resolutions
n. Shall ensure that the party implements the national values and principles of
governance as provided in the National constitution.

2). Deputy Party Leader – Policy


a. Shall be responsible for Policy formulation and implementation.
b. Shall assist and deputize the Party Leader.
c. Shall perform all duties delegated by the Party leader.

3). Deputy Party Leader – Resource and General Mobilization


a. Shall be in charge of resource and general mobilization in conjunction with the
National Treasurer.
b. Shall assist the Party Leader in all duties and deputize the Party Leader in his/her
absence.
c. Shall perform all such duties delegated by the Party Leader.

4). National Chairperson


a. Shall be in charge of the running of the Party and shall preside over meetings of
the Management Committee (MC) and the National Executive Council (NEC).
b. Shall provide inspiring leadership, articulate Party policies and visit all Counties at
least once every year.
c. Shall maintain discipline, adherence to Party Policy by the officials, members and
Party organs.
d. Shall establish and uphold unity in the Party.
e. Shall be the co-principal signatory to all Party documents and
f. Coalition agreements.
5). 1st.Deputy Chairperson – Internal Affairs
a. Shall be responsible for internal affairs of the Party.
b. Shall ensure the Party’s representation in all parts of the country.
c. Shall deputize the National Chairperson as principle assistant and carryout all
duties delegated.

6).Vice Chair person-External Affairs


a. Shall establish Party Chapters/branches in the Diasporas and aggressive
marketing of Party policies.
b. Shall co-ordinate Party activities and programs outside Kenya and shall
strengthen the Party’s presence amongst Kenyans in the Diaspora.
c. Shall develop appropriate policies and programs for Party activities in the
diasporas
d. Shall advise the Party leadership on external affairs.

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The Harmonised Constitution of FORD –KENYA [2011]

e. Shall deputize the National Chair and Vice Chair Internal affairs in their absence

7).Vice Chairperson – Youth Affairs


a. Shall develop policies and programs for uplifting the welfare of youth of Kenya
b. Shall, together with Chair Students and Youth League advice the Party Leadership on
strategies to improve standards of the Youth in the country.
c. Shall fast track National debate on Youth agenda and articulate party position regularly.
d. Shall ensure that the party is represented in the structures of the Ministry for Youth
affairs to enhance its vision, mission, core values, aims and objectives.
e. Shall popularize the Party among the youth through sports, public debate, concerts,
membership recruitment and expand the Party membership base in this key
constituency.
f. Shall sensitize the Youth on ravages and vagaries of HIV/AIDS pandemic, drug abuse and
the agency to purse ideals for good Leadership and Integrity and the enhancement of
national values for a better nation.
g. Shall deputize the National Chairperson and carry out all duties delegated accordingly.

8). Vice Chairperson – Women and Children Affairs


a. Shall deputize the Chairperson.
b. Shall advise the Party leadership on strategy to enhance affirmative action to empower
Women’s participation in national development and the enhancement of quality living
for children in the country.
c. Shall develop and articulate pro-family policies and the state empowerment of Women
and children for a health and prosperous nation.
d. Shall in conjunction with the Chair of the Party’s Women League source for global
partnership in the interest the nation.
e. Shall ensure that Party national agenda for women and the children is mainstreamed
and implemented by government.
f.
9).Vice Chairperson – Persons with Disabilities
a. Shall in conjunction with relevant Ministry and related agencies develop policies,
programs and activities to improve the welfare of Persons with Disabilities in Kenya.
b. Shall advise the Party Leadership on matters relating to the welfare of Persons with
Disabilities.
c. Shall popularize the Party amongst the group.
d. Shall sensitize and motivate People with Disabilities to contribute to national
development.

10). Vice Chairperson – County Coordination


a. Shall sensitize party County leadership on objectives of devolution; the functions and
structure of Party County Executive Committees; the structure of County governments
and mobilization of candidates to represent the party in County Assemblies.

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The Harmonised Constitution of FORD –KENYA [2011]

b. Shall be assisted in the duties by office of the Secretary County Co-ordination.


11).Secretary General
a. Shall be in-charge of internal and external correspondence of the party; security of party
documents and premises.
b. Shall with Management Committee and the National Executive Council formulate a
scheme of service for party employees based on Employment Act and related Labor
Laws.
c. Shall develop Code of Conduct for the Party and the Party’s handbook.
d. Shall liaise with all Party Secretaries to prepare sector blue prints embodying the vision,
mission, aims and objectives of the party for regular articulation to popularize the party.
e. Shall prepare agenda for Management Committee, the National Executive Council, the
General Council and the national Delegates Congress.
f. Shall ensure that minutes and resolutions of all meetings of the Party’s organs are kept,
secured, produced and timely distributed to relevant offices only.
g. Shall ensure that meetings of the management Committee, the National Executive
Council (NEC), the General Council and the National Delegates Congress (NDC) take
place as provided for in the Constitution and at such times as may be decided by the
National Executive Council (NEC).
h. Shall ensure that all provisions of the national law relating to the regulation and funding
of political parties are properly adhered to, complied with and kept.
i. Shall deal with all Party correspondence according to set policies and ensure that
statutory returns are made and on time.
j. Shall be the Party’s spokesperson under direction of the National Executive Council,
(NEC).
k. Shall be co-principal signatory for Minutes, resolutions, the Party reports, accounts,
Treaties and other Party documents.

13).National Treasurer
a. Shall be in charge of the Party’s financial officers and supervise national, county and
branch financial transactions under the direction of the National Executive Council.
b. Shall prepare and submit to the National Executive Council a financial report every
quarter year and shall ensure that duly audited Annual Statement of Accounts is
circulated to the branches, members of the General Council and to all delegates at the
same time the notice of convening the National Delegates Congress is send out.
c. Shall manage and run Party finances in line with provisions of the National Constitution,
Public Finance Regulations for Political Parties, National Audit Act and the Public
Procurement and Disposal Act and any other written law of Kenya.
d. Shall be co- Principal signatories to Party accounts.

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The Harmonised Constitution of FORD –KENYA [2011]

14).National Organizing Secretary


a. Shall supervise the organization and operation of the Party in particular the recruitment
of members, the establishment of branches and sub-branches.
b. Organization of public meetings, campaigns and other meetings, functions and
festivities of the Party.

15).National Director of Elections


a) The Director of Elections shall work with the National Executive Council (NEC) to
coordinate free, fair and peaceful grassroots elections, under the Party’s
Nominations and Election Rules alongside provisions of the Elections Act 2011
and the Political parties Act 2011.
b) The Director of Elections shall be assisted by the Deputy National Director of
Elections and an Assistant National Director of Elections.

16). Office of the Secretaries


a) Hold office and perform shall perform duties related to offices held.
b) Are the Party’s shadow Ministers/Principles Secretaries and shall raise the
party’s profile through active competition in policy formulation with relevant
state appointees.
c) Shall formulate policies based on Aims and objectives of the Party corresponding
to their respective sectors and present to the Management committee and
National Executive Committees for discussion and adoption.
d) The Secretaries shall set National agenda and vigorously participate in National
debate to enhance Party ratings through the print and electronic media.

17).Deputy Secretaries
Shall assist the Secretaries in all functions and shall assume duties and responsibilities
of the office in the absence of their Principle officers.

CHAPTER 8: DISCIPLINARY MEASURES


50. Disciplinary Measures

a) Disciplinary Measures against National Officials and party members shall be dealt with
under this article.
b) The National Executive Council with the approval of the General Council may suspend or
dismiss any office bearer from office for reason of misconduct, conviction on a charge of
corruption, moral impropriety or any other offense under the Penal Code.
c) An official or member of the party can be disciplined on grounds of:
a. Violation of the Party Constitution, National Constitution and any other written
laws
b. Gross misconduct defined in the Party Constitution, 16 (i), National Constitution
and any other written laws
c. Absenteeism from meeting without reasonable explanation

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The Harmonised Constitution of FORD –KENYA [2011]

d. Abdication from duties or responsibilities without reasonable explanation


e. Misconduct and disorderliness during meetings or elsewhere.
d) Before taking the disciplinary action aforesaid, the National Executive Council shall first
give the office bearer or party member a reasonable opportunity to be heard and make
a defense to the allegations or charges made against him/her in accordance with the
rules of natural justice and fair play.

51. Disciplinary Sanctions & Penalties


2. The disciplinary procedure shall follow the provisions stated in the Party’s Disciplinary Rules.
The Sanctions and Penalties imposed shall include the following;
a. Fine
b. Reprimand
c. Suspension
d. Expulsion
e. Dismissal from office
f. And any other measures that may be determined by the National Executive
Council.

CHAPTER NINE: NOMINATION OF CANDIDATES


52. Party Leadership
a. All National officials shall be elected by the National Delegates Congress and shall hold
office for a period of four years under National values and the principles of Good
Leadership and Integrity and shall be eligible for re-election at the expiry of term of
office.
b. Candidates applying for National office shall be paid up members of the party who shall
have met the nomination criteria set by the National Executive Council and the
requirements of chapter Six of the National Constitution on leadership and Integrity.

53. National and County Elections.


a. Nomination of candidates for Presidential elections shall be done in accordance with the
Party’s Nomination Rules for Presidential Candidates and also in accordance with
provisions in the National Legislation on such elections.
b. Nomination of candidates for Parliamentary elections shall be done in accordance with
provisions in the Party’s Nomination Rules read together with relevant provisions in the
Elections Act 2011 for Presidential, Parliamentary and County elections.
c. Nomination of Representatives to County Assembly shall follow the Party’s Nomination
rules and the provisions of the Elections Act, 2011.

54. Nomination of Party Presidential Candidate


a. The Party’s Presidential candidate and running mate shall be the persons nominated by
a Special National Delegates Congress (SNDC) specifically convened for that purpose as
determined by the National Executive Council.
b. The National Executive Council shall formulate Nomination Rules for the Party
Nominations and Elections Board giving procedures for election and nomination of

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The Harmonised Constitution of FORD –KENYA [2011]

candidates for:
i. Party leadership
ii. Presidential elections
iii. Parliamentary elections
iv. Nominations to East Africa Legislative Assembly and regional bodies and
v. County elections
vi. Party Lists for County Assembly and the Parliament

CHAPTER TEN: CONCILIATION AND ARBITRATION


55. Conciliation and Arbitration
a. Any member of the party with an issue shall have the right and freedom to be heard
fairly and promptly.
b. Any dispute arising between a member and the Party or a member and a member
concerning the interpretation of this Constitution or any other matter shall be handled
under the provisions of this Article.
c. All conciliatory mechanism shall aim at restoring order and peace between the warring
parties.
d. The National Executive Council shall swiftly appoint a committee from within or outside
the party to arbitrate disputes quickly.
e. The parties in dispute shall apply to the National Executive Council for permission if they
wish to appoint own arbitrators.
f. The National Executive Council shall have powers to appoint final committees to
arbitrate gridlocks in the party.
g. No dispute shall go to the Political Parties Disputes Tribunal unless mechanisms for
internal party arbitration have been exhausted.
h. All decisions on conciliation and arbitration made at the Party level shall be registered at
the Office of the Registrar of Political Parties.
i. For avoidance of doubt, no member shall institute any judicial proceedings unless the
member has first invoked and exhausted the internal arbitration mechanisms.
j. The National Executive Council shall have power to determine and impose sanctions and
penalties against any member or organ of the Party as shall be recommended by the
arbitrators.
k. Any member aggrieved by the decision of the National Executive Council shall have the
right of appeal to the supreme organ of the Party.

CHAPTER ELEVEN

FINANCIAL STRUCTURES
56. Sources
a. The sources of funds of the Party shall include the following:
i. Membership subscription fees;
ii. Grants, subventions, contracts, donations and legacies made to the Party

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The Harmonised Constitution of FORD –KENYA [2011]

accepted by the National Executive Council, Party Organ or Officials on


behalf of the Party.
iii. Net Income from publications; and
iv. Revenue from capital investments.
v. Such funds as may be received from the Government under an Act of
Parliament or other legislation.
vi. Loans or credit facilities
b. Any funds given to the party must be fully disclosed by the recipient member, Party
official to the Management Committee and National Executive Council.
c. The Party through its Trustees upon the resolution of the National Executive Council
may borrow funds from any source it deems appropriate for the purposes of promoting
the Party’s aims and objectives through planned programs and activities.
d. The Party, and bodies created by it, may not incur expenditures in excess of the funds at
their disposal except by resolution of the National Executive Council, nor shall it or they
use such funds for illegal or unauthorized purposes in contravention of any written law
or the policies of the Party.
e. The National Executive Council shall make Rules governing the collection, keeping and
expenditure of finance and in accordance with any national legislation regulating the
receipt and use of funds by political parties.
f. The monthly, quarterly and yearly financial reports shall be read out at every meeting of
the National Executive Council.
g. The financial year of the Party shall be the financial year of the government which
begins on 1st July and ends on 30th June every year.
57. Financial Audit and Accounts
a. The Party shall appoint or re-appoint an auditor at the National Delegates Congress on
recommendation of the National Executive Council.
b. All Party accounts, records and documents shall be open to inspection by the auditor
any time as required by Legislation on Political parties.
c. The Treasurer shall produce and submit audited accounts made up to a date which shall
not be less than six weeks and not more than three months before the date of the

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The Harmonised Constitution of FORD –KENYA [2011]

National Delegates Congress and to the Government in accordance with the national
legislation in this regard.
d. The Auditor shall be paid such honorarium for duties as may be approved by the
National Delegates Congress.
e. The auditor shall not be an office bearer or a member of any Committee or decision-
making organ of the Party.
58. Budget and Expenditure
a. The Management Committee shall prepare the Annual budget for the party to be
approved by the National Executive Council.
b. The Management Committee shall prepare financial regulations for the party
based on Public Procurement and Disposal Act for approval by the National
Executive Council as specified in this Constitution.
c. The budget of the Party shall contain:
i). Estimates of revenue and expenditure.
ii). Proposals for financing any anticipated deficit for the period to which they
apply.

59. Official Search, Inspection of Accounts and List of Members


The books of accounts and all documents relating thereto and the list of members of the Party
shall be availed for inspection at the registered office of the Party by any officer or member of
the Party on giving not less than seven days notice in writing and advance payment of the
necessary prescribed fee.

CHAPTER TWELVE
60. Press and Publications
In the pursuit of greater publicity and revenue generation, the party shall:
a. Influence the airwaves through investment in Information and Communication
Technology.
b. Publish newspapers, magazines, periodicals and other literature for its own use and sell
to the public.
c. Shall engage in e-governance and communication for dialogue and policy dissemination.

CHAPTER THIRTEEN

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The Harmonised Constitution of FORD –KENYA [2011]

61. Amendment to the Constitution


1. This Constitution including the party name and rules may be amended by the National
Delegates Congress (NDC) to deepen democracy, good governance and re-branding only
on:
a. The recommendations of the National Executive Council, the General
Council for approved and ratified by not less than two third members of the
National Delegates Congress (NDC)
b. Proposals from a member(s) through Branches structures for approval by
the National Executive Council.
c. Proposal(s) from County Executive Committee(s) for approval by the
National Executive Council.
d. A motion on the floor of a meeting of the National Delegates Congress
seconded and supported by a two third of members present.
e. Proposal (s) from the Caucuses of the Party approved by the National
Executive Council.

CHAPTER FOURTEEN
62. WINDING UP OF THE PARTY
a. The Party may be dissolved in accordance with the following provisions in this article
and on the following grounds:

i. Failure to comply with the requirements of the National Constitution, legislation


for political parties and other relevant legislations; or
ii.Failure to uphold and enhance the aims and objectives for which the party was
founded and registered.
b. The party shall stand dissolved by a resolution passed by two-thirds of members
at a Special Session of the National Delegates Congress convened to dissolve the party.
c. 3. On dissolution, the assets and liabilities of the Party shall be distributed or disposed
of in the manner prescribed by the laws governing the winding up of corporate entities.

63. Merger. Coalitions and Alliances


1. The Party may merge or enter into a coalition or alliances with a like-minded political
party(s) or organization on the resolution of the National Delegates Congress under the
provisions of schedule three of the Political parties Act, No.11 of 2011 and other
written laws governing registration and operation of political parties in Kenya.

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The Harmonised Constitution of FORD –KENYA [2011]

CHAPTER FIFTEEN
64. GENERAL PROVISIONS

1. Interpretation

FORD-K means Forum for the Restoration of Democracy - Kenya


“Branch” means Branch established under the Constitution;
“Constitution” means this Constitution;
“County Representative” means a Member of the County Assembly;
“General Council” means the General Council established under the Constitution;
“Management Committee” means the Management Committee established under the
Constitution;
“Member” means a member of the Party
“Member of Parliament” means a member of the National Assembly or the Senate;
“National Delegates Congress” means the National Delegates Congress established
under the constitution;
“National Executive Council” means the National Executive Council established under
the Constitution;
“Nomination Rules” means procedures for Nomination of party candidates for election
to parliament and County Assembly and the preparation of Party Lists.
“Office Bearer” means an elected official of the Party.
“Officer” means an employee of the Party.
“Parliamentary” means the National Assembly and Senate;
“Parliamentary Election” means parliamentary elections held under the Constitution of
Kenya and the Elections Act 2011.
“Party” means Forum for the Restoration of Democracy – Kenya (FORD-K);
“Presidential Elections” means presidential elections held under the Constitution of
Kenya and the Elections Act 2011.
“The Party Parliamentary Chief Whip” means the Chief Whip elected or appointed by
the Party Parliamentary Group;
“The Party Parliamentary Group” means a Forum or Caucus of the Party Members of
Parliament and the Senate.
“The Party County Assembly caucus” means the forum for party members of the County
Assembly.
“The Students and Youth League” means the Students and Youth League established
under the Constitution.
“The Women’s League” means the Women’s League established under the Constitution;
“Youth” means a member of the Party who is between 18 and 35 years of age
“Branch Executive Committee” means County Executive Committee established under
the Constitution.
“Executive Director” means Executive Director appointed under the Constitution to run

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The Harmonised Constitution of FORD –KENYA [2011]

affairs of the national secretariat.


“Disciplinary Committee” means the Disciplinary Committee established by the National
Executive Council.
“Sub-Branch” means a Constituency party Organization established under the
Constitution;
“Rules” mean these Rules;
“Party Leader” is head of the party as defined under the Constitution.
“Professional Caucus” means the forum for skilled members established under the
Constitution.
“Seniors Council” means the forum for long serving members of the party as defined in
this constitution.
“Persons with Disabilities” refers to handicapped people defined in the National
Constitution.
“Marginalized people” means disadvantaged people defined in the National
Constitution.
“Minority” mean numerically fewer people defined in the National Constitution.
“Trustees” mean custodians of the party established by the Constitution.
“Party Parliamentary Leader” means the head of the party’s Elected Members of
Parliament.

2. Party, Flag, Emblems and Names Rules

3. Nairobi, October 1992


a. These Rules may be cited as the “Forum for the Restoration of Democracy-Kenya
(FORD-K) Flag, Emblem and Names Rules

b. In these Rules:

I. “Specified emblem” means any emblem, seal, flag, pennant, insignia


or coat of arms or symbol of a kind specified in these Rules or the
schedule to these Rules.
II. “Specified name” means any of the names and words specified in
these Rules and include any abbreviation of any such name.
c. The flag of which the design and description are set out in the 1 st Schedule to these
Rules is hereby declared to be the flag of the Forum for the Restoration of
Democracy-Kenya (FORD-K).
d. The right hand two fingers salute as set out or drawn in the schedule to these Rules

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The Harmonised Constitution of FORD –KENYA [2011]

is hereby declared to be sign and salute of the Forum for the Restoration of
Democracy-Kenya (FORD-KENYA).
e. The slogan FORD-KENYA shall be used as the greeting of the party and the word
SIMBA with the right hand two finger salute shall be response to the greeting .
f. The logotype or the heraldic device of which the design blazon and description are
set out in the schedule to these Rules is hereby declared to be the logo or coat-of-
arms of the Forum for the Restoration of Democracy-Kenya (FORD-K).
g. The seal of which the design is set out in the schedule to these Rules is hereby
declared to be the logo or coat-of-arms of the Forum for the Restoration of
Democracy-Kenya (FORD-KENYA).
h. The words “Freedom, Justice and Truth” in the Swahili language “Uhuru, Haki na
Ukweli” and “Pambazuko Jipya” which means “New Dawn” in English are hereby
declared to be the logo or coat-of-arms of the Forum for the Restoration of
Democracy-Kenya (FORD-KENYA).
i. The Lion is our patent symbol or mascot of the Forum for the Restoration of
Democracy – Kenya (FORD-KENYA).
j. Black, white and agricultural Green are patent and election color of the Forum for
the Restoration of Democracy – Kenya (FORD-KENYA) in presidential, parliamentary
and County Assembly elections.

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The Harmonised Constitution of FORD –KENYA [2011]

FIRST SCHEDULE
Article 50 (2)

(a) The FORD-KENYA FLAG


Note-All Dimensions do not necessarily represent any particular measurement and
are merely proportional.

Description

Black

White

Green

(b) Two finger salute

Right hand two finger salute

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The Harmonised Constitution of FORD –KENYA [2011]

(c) Logo or coat of arms

(d) Election symbol

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The Harmonised Constitution of FORD –KENYA [2011]

f). PARTY ORGANOGRAM

FORUM FOR THE RESTORATION OF DEMOCRACY-KENYA (FORD-K)

NATIONAL DELEGATES CONGRESS (NDC)

GENERAL COUNCIL (GC)

NATIONAL EXECUTIVE COUNCIL (NEC)

PARLIAMENTARY GROUP (PG)

MANAGEMENT COMMITTEE (MC)

COUNTY FORUM (BRANCH)

SUB-BRANCH EXECUTIVE COMMITTEE

LOCATION EXECUTIVE COMMITTEE

SUB-LOCATIONEXECUTIVE COMMITTEE

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