Professional Documents
Culture Documents
THE Ford K CONSTITUTION
THE Ford K CONSTITUTION
THE CONSTITUTION
OF
(F O R D – K E N Y A)
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The Harmonised Constitution of FORD –KENYA [2011]
ARRANGEMENT OF ARTICLES
PREAMBLE
CHAPTER ONE
9. Membership
10. Ordinary Membership
11. Senior Membership
12. Associate membership
13. Diaspora Membership
14. Rights and Duties of Members
15. Resignation and Expulsion
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The Harmonised Constitution of FORD –KENYA [2011]
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
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PREAMBLE
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)
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
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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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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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
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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.
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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.
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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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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.
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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.
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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.
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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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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.
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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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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.
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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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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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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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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
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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.
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e. Shall deputize the National Chair and Vice Chair Internal affairs in their absence
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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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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.
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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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 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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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.
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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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:
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CHAPTER FIFTEEN
64. GENERAL PROVISIONS
1. Interpretation
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b. In these Rules:
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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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FIRST SCHEDULE
Article 50 (2)
Description
Black
White
Green
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SUB-LOCATIONEXECUTIVE COMMITTEE
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