Mbita High School Alumni

Association

CONSTITUTION
OF MBITA HIGH SCHOOL ALUMNI ASSOCIATION
[MHSAA]

January 2016

This constitution is written to support Mbita High School Alumni Association and to promote the interests of
its members as well as Mbita High School.

The MHSAA Constitution enacted 3rd February 12.04 am 2016

Table of Contents
Preamble ....................................................................................................................................................... 4
Article 1: Name ............................................................................................................................................. 4
Article 2: Registered Office of Mbita MHSAA ............................................................................................... 4
Article 3: Association logo and motto ........................................................................................................... 4
Article 4: Interpretation ................................................................................................................................ 4
Article 5: Vision of the Association ............................................................................................................... 5
Article 6: Mission of the Association............................................................................................................. 5
Article 7: Purpose of the Association ............................................................................................................ 5
Article 8: Membership .................................................................................................................................. 6
Article 9: Dues to the Association ................................................................................................................. 7
Article 10: Revocation of Membership: ........................................................................................................ 8
Article 11: Constituent Units ......................................................................................................................... 8
Article 12: Officers of the Association .......................................................................................................... 9
Article 13: The Chairman .............................................................................................................................. 9
Article 14: The Vice Chairman ..................................................................................................................... 10
Article 15: The Secretary General ............................................................................................................... 10
Article 16: The Deputy Secretary General (DSG) ........................................................................................ 11
Article 17: The Treasurer ............................................................................................................................ 11
Article 18: The Organizing Secretary (OS) ................................................................................................... 12
Article 19: The Deputy Organizing Secretary (DOS) .................................................................................... 12
Article 20: Internal Auditor ......................................................................................................................... 13
Article 21: The Patron ................................................................................................................................. 13
Article 22: Terms of Office for the Office Bearers ...................................................................................... 14
Article 23: Elections .................................................................................................................................... 14
Article 24: Special elections ........................................................................................................................ 15
Article 25: Removal of Office Bearers from office ...................................................................................... 15
Article 26: Special Meetings........................................................................................................................ 16
Article 27: Annual General Meetings .......................................................................................................... 16
Article 28: Order of Business: ..................................................................................................................... 16
Article 29: Quorum at Annual General Meeting: ........................................................................................ 17
Article 30: Standing Committees ................................................................................................................ 17
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The MHSAA Constitution enacted 3rd February 12.04 am 2016

Article 31: Executive Committee ................................................................................................................ 18
Article 32: Powers and Functions of the Executive Committee: ................................................................ 19
Article 33: The Resource Mobilisation and Investment Committee ........................................................... 19
Article 34: The Welfare Committee ............................................................................................................ 20
Article 35: The Electoral Committee ........................................................................................................... 20
Article 36: The Editorial Guild ..................................................................................................................... 21
Article 37: The Awards Committee ............................................................................................................. 21
Article 38: The Disciplinary Committee ...................................................................................................... 21
Article 39: Powers of the Disciplinary Committee ...................................................................................... 22
Article 40: Publicity and Public Relations Committee................................................................................. 22
Article 41: Special Ad-hoc Committees ....................................................................................................... 23
Article 42: Assembly of Standing Committees (ASC) .................................................................................. 23
Article 43: Bank Account Signatories .......................................................................................................... 23
Article 44: The Association Funds ............................................................................................................... 24
Article 45: Expenditures: ............................................................................................................................. 24
Article 46: Trustees ..................................................................................................................................... 25
Articles 47: Benefits of being a member of MHSAA ................................................................................... 25
Article 48: Affiliated Groups and legal entities ........................................................................................... 26
Article 49: Adoption of the constitution ..................................................................................................... 26
Article 50: Amendments to the constitution .............................................................................................. 26
Article 51: Supremacy of this constitution.................................................................................................. 27
Article 52: Oath of office ............................................................................................................................. 27
Article 53: Dispute resolution ..................................................................................................................... 27
Article 54: Subsidiary legislation ................................................................................................................. 28
Article 55: Association Seal of Authority .................................................................................................... 28
Article 56: Fiscal Year of the Association .................................................................................................... 28
Article 57: Dissolution ................................................................................................................................. 28
Schedule 1: The Association Logo ............................................................................................................... 29

The MHSAA Constitution enacted 3rd February 12.04 am 2016

THE CONSTITUTION OF MBITA HIGH SCHOOL ALUMNI ASSOCIATION [MHSAA]

Preamble
We, the alumni, and friends of Mbita High School, in order to perpetuate the memories of
school life, and to provide a medium by which the interest of the school may be promoted,
and upon recognizing the need to promote socio-economic and intellectual interaction
between Mbita High School and it’s Alumni and also within the Alumni; and determined to
initiate and promote opportunities of self-development for the students and former students
of Mbita High School and to strengthen the ties and bond between each of us and our School;
and while exercising our inalienable right on Freedom of Association as bestowed upon us
by the constitution of Kenya Article 36(1); do hereby ordain and establish this Constitution.

God bless Mobimba!

_____________________________________________________________________________

Article 1: Name
1) The name of this Association shall be “Mbita High School Alumni Association”,
hereinafter referred to as the “Association” or “MHSAA”.

Article 2: Registered Office of Mbita MHSAA

1) The headquarters of the Association shall be at Mbita High School, Alumni Office, P.O
Box 81—40305, Mbita Point and at such other places as the Annual General Meeting
of members, from time to time shall designate.

Article 3: Association logo and motto

1) The name, logo and motto of the Association shall be registered with the Registrar of
Societies of the Republic of Kenya and with Mbita High School Board of Governors
2) The name, logo and motto of the Association are preserved by this constitution and
the use thereof is only by authorized constitutional offices
3) The motto of the Association shall be “Together, Forever, Wherever”

Article 4: Interpretation
1) "The Constitution" shall refer to the Constitution of MHSAA unless otherwise stated.
2) “Annual Accounts” shall mean the balance sheet and the statement of income and
expenditure.
3) “Effective date” means the date that this Constitution came into force;
4) “Gazette” means publication in digital platforms and signed memorandum by the
Chairman or authorized office bearers of this constitution to undertake gazzetment
5) “Member” shall refer to a person that satisfies requirements for membership as
defined in Article 8 of this constitution
6) “Office Bearer” Means an office holder defined in Article 11 of this constitution
7) “Plenary of members “shall be construed to mean either members gathered in an
official meeting or members participating in social media networks and digital forum
such as WhatsApp or Telegram and other technological mediums as may occur from
time to time unless otherwise specified
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 8) “The Association” shall refer to Mbita High School Alumni Association
9) “Fiscal year” Means the period of twelve months ending on the thirty 1st day of
December or other day as may be prescribed by AGM
10) “Member in good standing” means an alumnus or associate member of the
Association whose current dues to the Association and all financial obligations owed
to the Association have been settled.

Article 5: Vision of the Association

1) The Association’s vision is to inspire all Alumni to share a lifelong commitment, pride
and passion for Mbita High School

Article 6: Mission of the Association

1) The Association is a catalyst for building a vigorous Alumni network and a lifelong
relationship with Mbita High School and its constituents, including its alumni,
students, teaching staff, supporting staff, School Board of Governors, Parents
Teachers Association, and friends of Mbita High school.

Article 7: Purpose of the Association

The purposes for which this Association is established are:

1) To encourage, foster and promote close relations between Mbita High School and its
alumni and among the alumni themselves,
2) To ensure that programs are initiated and developed for the benefit of the alumni,
3) To guide and assist alumni who have recently completed their course of study at the
University/colleges to obtain gainful employment and engage in productive pursuits
useful to society,
4) To support and recognize scholarship and academic excellence of Mbita High School
and of the members.
5) To gather and share information, establish and maintain communications among
Mbita High School, its alumni, and friends;
6) To support and encourage the collection and preservation of memorabilia and
information;
7) To be a forum where members give each other financial, social, emotional, mental and
spiritual support whenever necessary;
8) To pursue these aims and objectives independent of political, religious, gender, racial,
tribal and personal bias or any other attribute of discrimination
9) To do all such other things as are incidental or conducive to the attainment of all or
any of the foregoing objectives that are sanctioned by this constitution.

The MHSAA Constitution enacted 3rd February 12.04 am 2016

Article 8: Membership
1) The Association shall have three categories of members
i. Regular Members
ii. Associate Members
iii. Honorary Members

2) Eligibility criteria for membership will be as follows

i. Regular membership of this Association shall consist of any persons who have
earned a Kenya Certificate of Secondary Education (KCSE) from Mbita High
School (MHS) and former students who studied in the School for any such
duration without completion but have shown commitment and desire to belong.
ii. Associate members of the Association shall consist of Spouses of individuals
who qualify for Regular Membership under Article 8(2i), current and former
employees of Mbita High School, current and former teachers of MHS and
persons who have evidenced particular interest in the welfare of Mbita High
School and desire to associate themselves in the activities of this Association

iii. Honorary members of the Association shall consists of any person who is not
eligible for Regular or Associate membership but have rendered distinguished
and extraordinary personal commitments to Mbita High School or have made
significant contributions which have furthered the objectives of the Association
iv. Upon nomination and approval of any honorary membership, the Chairman
shall arrange for appropriate publicity, presentation of a certificate and
recognition of such honorary member.
3) Admission to membership shall be based on the following criteria
i. For regular membership an application should be made to the Association on
the prescribed form accompanied by a none refundable registration fee of
Ksh. 2000
ii. For Associate members an application shall be made to the Executive
Committee on the prescribed form for consideration and approval at a Special
Meeting accompanied by a none refundable fee of Ksh.4000
iii. For Honorary members upon nomination by either the Executive Committee
or conferment of honor by Awards Committee in Article 35 of this
constitution.

4) Cessation of Membership may occur due to:

i. Death,
ii. Resignation,
iii. Non-payment of subscription fee for a continuous period of two years,
iv. Revocation of membership under Article 10 of this constitution

The MHSAA Constitution enacted 3rd February 12.04 am 2016

 5) An alumnus or associate member of the Association shall be “a member in good
standing” if he/she is a then-current dues paying member of the Association and is
current on all financial obligations owed to the Association.
6) Honorary members: shall not be required to be a member in good standing of the
Association;

7) All “Members in good standing” shall have the right to:

a) Receive all communications from the Secretary General,
b) To inspect books of accounts upon issuing,
c) To attend all General Meetings of the Association,
d) To participate in activities of the Association and give
assistance in the actions undertaken by it.
e) Elect a person or be elected to any of the organs of the
Association
f) Propose and second the candidature of another member,
g) Serve as a member of any of the Committees of this Association
h) Be nominated or appointed as observers or representatives of
the Association to any meetings, which the Association may be
required to participate.
8) Honorary Members shall have the same rights, benefits and obligations of Regular
and Associate members with the exception of section 7(e & f) of this article.
9) All members in good standing shall be entitled to benefit from the activities, services
and facilities of the Association; PROVIDED that such benefits shall not be by forceful
means, misuse of MHSAA facilities, or any other unlawful means breach of which
disciplinary actions will be considered

Article 9: Dues to the Association

1) Each registered member, except Honorary Members, shall pay an annual subscription
fee of Ksh. 3,000 to the Association. The Association may increase or decrease the
annual dues subject to the approval of the majority of the members at an AGM. All
changes shall become effective at the beginning of the following fiscal year (January
1).
2) Any member who shall fall into arrears with his annual subscriptions for two or more
years shall automatically cease to be a member of the Association and his name shall
be struck off the register of members. The association may however at its discretion
reinstate such a member on payment of the total amount of outstanding subscription.
3) No individual shall be considered to be “a member in good standing of the
Association” unless and until such dues have been paid and received. An individual
who fails to pay annual subscription fees without formal explanation shall upon
ratification by an established body of this constitution cease to be a member in good
standing of the Association. In order to maintain good standing, the dues of renewing
members must be received by the Association no later than ninety (90) days after the
beginning of each financial year.
4) A member who ceases to be a member in Section 4 of this Article shall not be entitled
to a refund of the registration and subscription fees however they shall be entitled to

The MHSAA Constitution enacted 3rd February 12.04 am 2016

 benefits in the profit making investment programs of the Association subject to the
rules and regulations governing the creation and management of such investments
portfolios.
5) Members who cease to be members in Section 4 of this Article may not claim
contributions made towards none profit making initiatives of the Association such as
fund raising for development projects or assistance made to disadvantaged or
bereaved members

Article 10: Revocation of Membership:

1) The Disciplinary Committee may revoke the membership of any individual in the
Association for good cause, including, but not limited to, actions by an individual
which bring disrepute, damage or injury to the stature or reputation of the
Association. The individual whose membership has been recommended for
revocation shall be notified and given an opportunity to defend themselves at a
special meeting convened for such determination. Any determination to revoke the
membership status of any individual is appealable to the Executive Committee and
such reports shall be tabled to the alumni members during an AGM
2) The Executive Committee upon studying the recommendation of the Disciplinary
Committee may review the decision to either lift the revocation or refer the matter to
the Annual General Meeting of the Association.
3) The grievances against a member whose membership is considered for revocation
shall be reported and discussed at the next General Meeting of the Association
following the revocation by the Disciplinary Committee as upheld by the Executive
Committee and the AGM shall resolve by a two-thirds majority of the members
present whether to expel the member or lift the revocation.
4) A person expelled from membership of the Association may re-apply for membership
after duration of 6 months PROVIDED that such a person shall only be re-admitted as
a member with the authority of a special resolution adopted by the Annual General
Meeting and settling up outstanding dues.

Article 11: Constituent Units

1) The Constituent Units may be regional or local alumni clubs/chapters; and other
groups of alumni who wish to form organizations of special interests or affiliations
such as class, region, etc.
2) The purpose of constituent units will be to marshal members for the Alumni
Association’s activities.
3) A constituent unit shall be chartered following a successful petition by way of an
application indicating:
i. the name of the group;
ii. the primary purpose of formation;
iii. a description of the unique contribution the group will bring to the
advancement of MHSAA;
iv. identification of the population the unit seeks;
v. agreement to the provisions of the Alumni Association’s by-laws
by the organizing group, and
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 vi.Any other requirement as will be determined by the Executive
Committee.
4) The Executive Committee shall decide on whether to commission a constituent unit
or otherwise and give a reason for either.

Article 12: Officers of the Association

1) The following (7) positions are considered as the Officers bearers of MHSAA.
i. The Chairman
ii. Vice Chairman
iii. The Secretary General
iv. The Deputy Secretary General
v. The Organizing Secretary
vi. The Deputy Organizing Secretary
vii. The Treasurer

Article 13: The Chairman

The MHSAA Chairman shall perform but is not limited to the following duties:

1) Unless prevented by illness or other sufficient cause, preside over all the Association
meetings;
2) Create an environment that allows constructive debates, ensure that the strategies
and policies agreed on by the members are effectively implemented and that matters
are dealt with in an orderly, efficient manner;
3) Ensure that the Alumni Association activities are run efficiently in conformity with
the principles set forth in the Constitution;
4) Provide leadership to keep the Association goals dynamic and sensitive to changing
needs;
5) Be a signatory to Bank Account
6) Facilitate change, address and mediate in conflicts and disagreements;
7) Co-ordinate all functions and activities of the association Committees
8) Direct the process and development of the Association goals, objectives, priorities,
programs, resource allocations, and budget;
9) Work with the Executive Committee to formulate and update the strategic plan for
the Association;
10)Promote positive impact of the Association involvement in development initiatives
ratified by members;
11)Maintain high standards and integrity in planning, in operations internal to the
Association, and in representing the Association to various groups on alumni issues;
12)Help organize and lead the Association in face-to-face meetings with all alumni at the
Annual General Meeting
13)Serve as the official liaison between the Association, School Board of Governors,
teachers Association, other Alumni Associations, and the alumni membership.

The MHSAA Constitution enacted 3rd February 12.04 am 2016

 14)Along with the Executive Committee, assure the financial stability and accountability
of the Association and the prudent use of its resources, authorize expenditures as
needed for the Association;
15)Direct, coordinate, and integrate the functions, plans, and activities delegated to other
officers and have the authority, in addition to the Secretary General and Treasurer, to
pay bills for the Association;
16)Follow and uphold the constitution at all times;
17)Along with the Secretary General and the Treasurer, conduct an annual review of the
Associations financial records;
18)Serve as an ex‐officio member of all Committees established under this constitution;
19)Select alumni members to serve on special task forces and ad-hoc Committees as
determined from time to time by resolutions of members;
20)Present an annual “state of the Association” report to the members at the AGM, and
21)Undertake any other function as delegated by organs of this constitution from time to
time.

Article 14: The Vice Chairman

1) The Vice Chairman will be the principal assistant to the chair. He shall perform the
functions conferred by the chair. When the chair is absent or temporarily
incapacitated, and during any other period that the chair decides, the vice chair shall
act as the chair.
2) While performing the duties of the Chairman, such delegated responsibility may not
include the power to be a signatory to the bank account of the Association and other
responsibilities defined to be an exclusive mandate of the substantive Chairman.
3) The Vice Chairman shall be the Chairman of the Disciplinary Committee established
under this constitution.
4) Be a member of any other Committee as may be assigned by the Chairman

Article 15: The Secretary General

The Secretary General shall perform the following duties:

1) Maintain an accurate record of all Alumni Association meetings and proceedings;
2) In consultation with the chair, communicate to all members and/or Executive
members the venue, dates and agenda of Executive Meetings or General Meeting as
the case may be;
3) Represent the Association in all legal proceedings and sign all legal documents on
behalf of the Association;
4) Be sufficiently familiar with governing documents (constitution, articles, regulations,
rules on order of meetings, etc.) to note applicability during meetings;
5) On behalf of the Executive Committee act as a press spokesperson;
6) Maintain an accurate up-to-date register of members and of all subscriptions and
donations and make it available for purposes of dissolution, vote of no confidence,
elections and other purposes;
7) Be co-signatory to all Association instruments and/ or documents ejusdem generis
with the Chairman or any other officer as stipulated under this Constitution;
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 8) Maintain a property register and all such registers as may be necessary in connection
with the work of the Association.
9) Be a signatory to the Association’s bank account;
1) Attend all Executive Committee and Association meetings unless prevented by
sufficient reason(s) made known to the Executive Committee;
2) Carry out the directions of the Annual General Meeting and the Executive Committee;
3) Maintain and keep in safe custody all correspondences and records relating to the
Alumni Association;
4) Issue notice of meetings and maintain an attendance log of all Association meetings;
5) Present minutes of the previous meetings at meetings and ensuring they are duly
ratified by members as true accounts of the proceedings;
6) Solicit input from members for meeting agenda and circulate agenda prior to
meetings;
7) Represent the Association in various fora as may be stipulated in this constitution or
by the members as required from time to time;
8) In the absence of the Chairman, represent the Executive Committee in Mbita High
School governance structures; and,
9) Shall Chair the Publicity and Public Relations Committee
10)Undertake any other duties as may be assigned by the members in consultation with
the Chairman.

Article 16: The Deputy Secretary General (DSG)

1) The Deputy Secretary General shall be the principal assistant to the Secretary General.
He shall perform the functions conferred by the Secretary General. When the
Secretary General is absent or temporarily incapacitated, and during any other period
that the Secretary General decides, the Assistant Secretary General shall act as the
Secretary General.
2) In the absence of the Secretary General, the DSG shall perform all the duties of the SG
and such other duties as shall be assigned to him by the SG.
3) While performing the duties of the SG, such delegated responsibility may not include
the power to be a signatory to the bank account of the Association and other
responsibilities defined to be an exclusive mandate of the substantive SG.

Article 17: The Treasurer

The Treasurer shall perform the following duties:

1) Receive and keep the Association funds in prescribed Association account in a
prudent manner;
2) Maintain all books of accounts and an accurate record of all Association’s
transactions;
3) Be responsible to the Executive Committee and to the members that proper books of
accounts of all moneys received and paid out by the Association are written up,
preserved and available for inspection and audit;
4) Draft the budget for approval by the association and strive to ensure that the budget
plan is complied with;
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 5) Ensure all financial forms and reports prescribed by the laws of Kenya are filed as
required;
6) Collect membership fee/dues and maintain a list of all paid up members;
7) Be a signatory in all bank transactions on behalf of the Association;
8) Prepare and present quarterly and annual accounts and reports of the Association to
the Annual General Meeting;
9) Prepare books of account for auditing as may be prescribed by the Auditor General
from time to time;
10) Prepare members’ statements every quarter;
11) Be a member of the Resource Mobilization and Investment Committee;
12) Ensure fiscal compliance with relevant legislation;
13)Perform any other assignment as may be directed by the Chairman or organs of this
constitution;
14)A person elected in the position of Treasurer shall have qualification of a practising
accountant under the laws of Kenya
15)May be allowed to keep a sum not exceeding Kshs. 20,000 as petty cash for which
proper account shall be maintained.

Article 18: The Organizing Secretary (OS)

The Organizing Secretary shall perform the following duties:

1) Coordinate events that have been duly sanctioned by the Executive Committee or any
such ejusdem generis;
2) Organize and procure venues for meetings and events;
3) Be a member of the Resource Mobilization and Investment Committee;
4) Be a member of the Publicity and Public Relations Committee
5) Oversee all events, including Association’s get together parties, reunions, award
ceremonies, launching of activities and all such processes that require coordination
and preparation;
6) Attend all regular and special meetings
7) In conjunction with the Chairman and Secretary General, draw the Association’s
annual programme of activities;
8) Be the Association’s Relations Officer in conjunction with the Secretary General of the
Association;
9) Attend all Executive and Association meetings unless prevented by sufficient reason
made known to the Executive Committee;
10)Subject to this Constitution, perform duties as delegated to him by the Executive or
other organs of this constitution.

Article 19: The Deputy Organizing Secretary (DOS)

1) The Deputy Organizing Secretary shall be the principal assistant to the Organizing
Secretary. He shall perform the functions conferred by the Organizing Secretary.
When the Organizing Secretary is absent or temporarily incapacitated, and during
any other period that the Organizing Secretary prescribes, the DOS shall act as the OS.

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 2) In the absence of the OS, the DOS shall perform all the duties of the OS and such other
duties as shall be assigned to him by the OS.
3) Be a member of the Welfare Committee
4) While performing the duties of the OS, such delegated responsibility may not include
an exclusive mandate of the substantive OS.

Article 20: Internal Auditor

1) There is hereby established the office of Internal Auditor.
2) A person elected as Internal Auditor shall have qualifications that meet those of
auditors practising under the Laws of Kenya.
3) All the Association‘s accounts, records and documents shall be opened to the
inspection of the auditor at any time.
4) The Treasurer shall produce an account of his receipts and payments and a statement
of assets and liabilities made up to a date which shall not be less than six weeks and
not more than three months before the date of the Annual General Meeting. The
auditor shall examine such annual accounts and statements and either clarify that
they are correct, duly vouched and in accordance with the law or report to the
Association in what respect they are found to be incorrect, unvouched or not in
accordance with the law.
5) A copy of the auditor’s report on the accounts and statements together with such
accounts and statements shall be furnished to all members at the same time as the
notice convening the Annual General Meeting is sent out.
6) The Auditor shall NOT be an office bearer or a member of the any Committee of the
Association.
7) In exercising his responsibility, the Internal Auditor will act independently without
receiving directions from any office bearers established in this constitution.
8) The Internal Auditor may, subject to necessity, require the audit of the Association’s
accounts, records and documents by an External auditor that shall be paid a
honorarium as may be approved by the Executive Committee
9) The duly audited accounts shall be presented by the Internal Auditor during the
Annual General Meeting or any such period as may be required by the Laws of Kenya
or organs of this constitution.

Article 21: The Patron

1) The Patron may be a regular, Associate or Honorary Member of the Association.
2) The Patron shall be a person with good repute and important abilities to champion
and further the vision and aspiration of the Association.
3) The Patron shall be appointed by the Executive Committee and ratified by members.

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 4) A person appointed as Patron by the Executive Committee and is not a Regular or
Associate member shall automatically acquire honorary membership for the duration
they (The Patron) serve and thereafter.
5) The Patron shall hold office for such a duration as members deem fit.
6) The Patron may have an assistant as appointed by the Executive Committee.
7) The patron or his assistant or in the absence of both, his designate shall act as “the
Commissioner of oaths and Notary Public”

Article 22: Terms of Office for the Office Bearers

1) All office bearers shall hold office for 3 years renewable once
2) Any office bearer who ceases to be a member of the association shall automatically
cease to be an office bearer thereof.

Article 23: Elections

1) Elections shall be held every Three (3) years from the date of the last elections
2) The Chairman shall dissolve the Executive Committee to pave way for elections
3) If the Chairman fails to dissolve the Executive Committee, it shall stand dissolved
within two (21) days after the date on which it’s term should have expired
4) The elections shall be coordinated and managed by the Electoral Committee
established in Article 35 of this constitution
5) All members in good standing are eligible to participate in the elections for any
elective offices prescribed under this constitution.
6) All the members elected to be office bearers will serve in office for Three (3) years
after which another election will be held in an AGM. The office bearers are eligible
for re-election if the members deem it fit for any of them to continue serving for
second term
7) No candidate shall contest for more than one position in an election.
8) Candidates interested in any of the elective positions shall be proposed and seconded
for the position by members in good standing of the Association in an Annual General
Meeting convened for purposes of elections.
9) Association elections shall be by secret ballot, simple majority system and on the
principle of one member one vote.
10)The ballot boxes shall be transparent, of a fixed number, counted, certified and
recorded.
11)Notwithstanding the provisions in clause 9, the Electoral Committee may consider
electronic voting and other acceptable voting methods ratified by “plenary” of
members during the AGM.
12)For elimination of doubt “plenary of members” in this context refers to members
gathered during an AGM
13)The electoral roll/register shall be prepared by the office of the Secretary General and
inspected by members as the proper register of members of good standing.
14)Immediately after voting, the votes shall be counted and results announced by the
Chairman of the Electoral Committee.
15)Candidates or their agents have the right to witness the counting and tallying.

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 16)In the event that no candidate receives at least 50%+1 of the vote, a run-off election
shall be held between the two candidates receiving the most votes.
17)The Electoral Committee Chairman shall announce the outcome of the election which
shall be considered final.
18)The Executive Committee members immediately serving in office on the date of the
adoption and enactment of this constitution shall continue to serve with full authority
under the constitution for not more than Three (3) years from the date of
promulgation after which a new election shall be held.

Article 24: Special elections

1) Special elections shall be conducted by the Electoral Committee to fill up positions
occasioned either by cessation of membership of an office bearer under Article 8(4)
or revocation of membership under Article 9 or as a result of successful impeachment
of an office bearer under Article 25
2) Unless otherwise specified, special elections shall be conducted within a period of
Ninety (90) days from the date of the occurrence of the vacancy
3) The elections shall be conducted in the same manner as described in Article 23

Article 25: Removal of Office Bearers from office

1) Office bearers may be removed from office in the same way as is laid down for
revocation of membership in Article 9 and vacancies thus created shall be filled by
the Electoral Committee in special elections.
2) A vote of no confidence in the Executive shall require a petition by at least one third
(1/3) of registered members of MHSAA to the Chairman Electoral Committee
3) Motion of such vote of no confidence shall be published by the Secretary General at
least ninety (90) days to the Annual General Meeting or Special Meeting of all
members convened for such business.
4) The vote of no confidence against the whole of the Executive or any member thereof
shall be successful only if two thirds (2/3) of all members reach consensus ad idem in
favor of the impeachment.
5) In the event of the vote of no confidence being carried as provided for herein, such
member(s) shall instantaneously vacate office(s).
6) In the event of a vote of no confidence against the whole of the Executive Committee
as provided for herein a general election in respect thereof shall be held within sixty
(60) days thereafter.
7) PROVIDED that in the event of a vote of no confidence against the whole Executive,
the AGM shall from among its members appoint a caretaker Committee to run the
affairs of MHSAA pending elections.
8) The filling of an office vacated by vote of no confidence shall be conducted by a special
election held in the manner of elections as defined in Article 24.
9) In the event such vacancy occurs less than 6 months to the scheduled elections, the
Chairman shall appoint a member of the executive to act for the remainder of the
term.
10)The filling of an office vacated by impeachment shall be conducted by a special
election held in the manner of elections as defined in Article 24.
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The MHSAA Constitution enacted 3rd February 12.04 am 2016

Article 26: Special Meetings
1) Special meetings include Committee meetings or of special groups convened to
deliberate on a special matter.
2) Special meetings of the Association may be held at such time and places determined
by the Executive Committee or by the concerned Committee.
3) Special meetings of the Executive Committee may be called by the Chairman or the
Secretary General and/or upon the written request of a least a majority of the
members of the Executive Committee.
4) Written notice of such special meetings must be given to the members of the
Executive Committee at least fifteen (15) days prior to the date of the special meeting.
5) Quorum: A majority of the membership of any Committee in regular or special
session shall constitute a quorum (unless otherwise specified).

Article 27: Annual General Meetings

1) The annual general meeting (AGM) shall be held on a day and at such place as the
Executive Committee may designate, for the purpose of presentation of the Chairman
and the Treasurer’s reports and for deliberations on other matters of the Association.
2) The Annual General Meeting shall be held not later than twelve (12) months following
the last AGM.
3) The Annual General Meeting shall also double up as a yearly “re-union” event for new
members of the Association. The conduct, venue and events thereof must provide
conducive environment for interactions, team building and group cohesion
4) The Annual General Meeting shall be the supreme decision-making body of the
Association
5) A notice of the AGM shall be circulated to the members of the Association at least
thirty (30) days prior to the scheduled meeting date.
6) Special meetings of the Association, the Executive Committee or any other Committee
may be held via teleconference upon the approval of a majority of the members of
that body. AGM may incorporate teleconferencing.
7) The Annual Report and Accounts as set out in preceding articles of this constitution
shall be tabled at the AGM and shall be open for inspection by members.
8) An AGM may also be requisitioned for a specific purpose by order in writing to the
Secretary-General by not less than two thirds of registered members and such
meeting shall be held within thirty (30) days of the date of the requisition.

Article 28: Order of Business:

1) The following shall be the usual order of business at regular meetings of the Annual
General Meeting, but the order may be suspended or changed at any time by the vote
of a majority of the members present:
i. Prayer;
ii. Call to order
iii. Proof of Due Notice of Meeting
iv. Determination of Quorum
v. Consideration and Approval of Minutes of Previous Meeting(s)
vi. Reports of Officers of the Association;
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The MHSAA Constitution enacted 3rd February 12.04 am 2016

 vii. Reports of Standing Committees;
viii. Reports of Special Committees;
ix. Arbitration
x. Election of officers
xi. Internal Auditors report
xii. Unfinished Business;
xiii. New Business;
xiv. Closing Prayer and Adjournment.

Article 29: Quorum at Annual General Meeting:

1) One third (1/3) of the members in good standing present at any Annual General
Meeting for which proper notice has been given shall constitute a quorum at such
meeting.
2) The action of a majority of the members present at any such meeting shall be the
action of this Association
3) Notwithstanding Article 29 (1) any number of members present at an AGM for which
proper notice has been given and is legally constituted shall be considered a quorum,
to undertake transaction PROVIDED such transaction shall not include in its agenda
the:-
i. Election of Office Bearers
ii. Ratification and adoption of Association Audited accounts
iii. Conducting Vote of no confidence on individual Office Bearers or
the Executive Committee,
iv. Any other business for which 1/3 of registered members is
expressly required for in this constitution
4) A majority of valid votes cast at a regularly convened AGM shall be sufficient to
approve all matters of business (unless otherwise specified).
5) At any meeting of the members, the members shall vote in person only, and not by
proxy.

Article 30: Standing Committees

1) There shall be standing Committees on:-
i. Executive Committee
ii. The Resource Mobilization and Investment Committee
iii. The Welfare Committee
iv. The Electoral Committee
v. The Editorial Guild
vi. The Awards Committee
vii. The Disciplinary Committee
viii. Publicity and Public Relations Committee
ix. Special Ad-hoc Committees
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 x. Assembly of Standing Committees (ASC)
2) Each of the Standing Committees shall be nominated by the Executive Committee and
approved by plenary of members for a period of 3 years.
3) Each standing Committee shall consist of a minimum of five (5) members and a
maximum of seven(7) members,
4) The Disciplinary Committee shall be chaired by the Vice Chairman while the Publicity
and Public Relations Committee shall be chaired by the Secretary General. The other
Committees may elect their own Chairpersons and secretaries to discharge their
mandate.

5) No decision of the Association, the Executive Committee or any other Standing

Committee of the Association shall be invalidated by reason only of the existence of a
vacancy among its members.

Article 31: Executive Committee

1) There is hereby established the executive Committee.
2) The Executive Committee shall consist of the following seven (7) office bearers:
i. The Chairman
ii. Vice Chairman
iii. The Secretary General
iv. The Deputy Secretary General
v. The Organizing Secretary
vi. The Deputy Organizing Secretary
vii. The Treasurer

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The MHSAA Constitution enacted 3rd February 12.04 am 2016

Article 32: Powers and Functions of the Executive Committee:
i. Shall be responsible for the day to day running of the Association;
ii. May authorize any officer or officers, agent or agents of the Association, to
enter into any contract and execute and deliver any instrument in the name
of and on behalf of the Association.
iii. Shall implement decisions of the Annual General Meeting and all the other
decisions subject to this constitution;
iv. Shall deal with any petition lodged to it by any member through the office
of the Secretary General on account that any organ of the Association has
failed to act as stipulated in the Constitution;
v. Shall appoint members of the sub-Committees as provided for in this
Constitution;
vi. May subject to this Constitution, and where it deems appropriate, appoint
an ad hoc Committee for any named specific task; provided the Committee
shall dissolve upon the completion of the named specific task;
vii. Shall meet as often as there is need but at least once every three months
viii. Shall handle, manage or deal with any matters directly affecting or incidental
to the governance of the Association; and
ix. Shall, subject to this Constitution, perform any other functions delegated to
it by the Annual General Meeting.

Article 33: The Resource Mobilisation and Investment Committee

1) There is hereby established the Resource Mobilization and Investment Committee.
2) The Committee shall consist of not more than seven (7) Members appointed by the
Chairman two (2) of whom shall be members of the Executive Committee including
the Organizing Secretary and the Treasurer
3) The Committee shall elect their own chair and secretary to manage its affairs
4) The appointed members shall be ratified by plenary of members
5) For elimination of doubt, “Plenary of Members” may include members gathered
during AGM or in social media network used by members such WhatsApp & Telegram
or any other as may evolve from time to time
6) Ratification by members through teleconferencing or technological forums such as
WhatsApp and Telegram groups is considered acceptable for such ratification so long
as such motion is duly communicated and moved by the Secretary General.
7) The Resource Mobilization and Investment Committee shall identify potential
investment platforms and propose for member’s adoption.
8) The choice of the investment shall be based on those that ensure members reap
maximum possible benefit.
9) The Committee shall initiate, propose and coordinate Resource Mobilization
initiatives for the Association and consult with the Executive Committee for adoption
by members.
10)The Treasurer and the Organizing Secretary shall be ex-officio members to this
Committee.

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 11)The Committee shall within thirty (30) days after coming into office subject to
enactment of this constitution develop and present to members the “Resource
Mobilization and Investment strategy” for adoption by plenary of members.

Article 34: The Welfare Committee

1) There is hereby established the Welfare Committee.
2) The Committee shall consist of not more than Five (5) Members appointed by the
Executive Committee including the Deputy Organizing Secretary (DOS) and other
members ratified by a plenary of members in an Annual General Meeting or any such
formally organized special meeting for the purpose.
3) Ratification by members through teleconferencing or technological forums such as
WhatsApp and Telegram groups is considered acceptable for such ratification so long
as such motion is duly communicated and moved by the Secretary General.
4) The Welfare Committee shall recommend ways of ensuring the welfare of members
to cater for among other things; bereavement of close family members, sickness and
any other related issues as they may deem fit.
5) The Committee shall within 30 days after coming into office, subject to enactment of
this constitution, develop and present “guidelines on welfare of members” for
adoption.
6) Notwithstanding the requirement of Article 34(5), the Committee shall undertake
such measures to address welfare issues as they may occur before adoption of the
guidelines on welfare of members

Article 35: The Electoral Committee

1) There is hereby established the Electoral Committee.
2) The Committee shall consist of Five (5) Members recommended by a plenary of
members in an Annual General Meeting and gazzetted by the Secretary General in all
platforms of communication including email and social media networks.
3) Members nominated to serve in the Committee shall be Members in good standing
with highest levels of integrity and impartiality
4) The Committee while performing its duties shall do so independently without
direction from any organ of this constitution.
5) The Electoral Committee shall coordinate the Election of Officers under this
constitution. This includes soliciting nominations, vetting candidates and
implementing an acceptable and reputable free and fair election process during the
Annual Delegates Meeting constituted for purposes of elections.
6) The Committee shall elect its own Chairman and secretariat for purposes of
conducting the elections.
7) Members of the Committee shall serve for a fixed term of three years.
8) The Committee shall within sixty (60) days of coming into office gazette the ‘Electoral
Rules and regulations” for adoption by Members
9) Notwithstanding clause 35 (8) above, the Electoral Committee shall oversee such
elections as may be occasioned within the framework of this constitution

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Article 36: The Editorial Guild
1) There is hereby established the Editorial Guild
2) Membership to the Editorial Guild shall be based on the possession of relevant skills,
talent and personal commitment
3) The Editorial Guild shall elect their own Managing Editor, Editors, correspondences
and any such positions as they may deem fit.
4) In performing their duties the Editorial Committee shall exercise independence and
shall therefore not receive directions from Executive Committee or any other organ
of this constitution
5) Notwithstanding clause 36(4) above the Executive Committee and other Standing
Committees of this constitution may consult with the Editorial Guild on matters that
it considers mutually beneficial in furthering the course of the Association
6) The Editorial Guild shall within sixty (60) days upon enactment of this constitution
develop guidelines governing their internal operations including office bearers,
resource mobilization strategies and plan of action.
7) The purpose of the editorial Guild shall be to:
i. Educate, inform, entertain and communicate information to the members of
the association;
ii. Provide members with necessary information on progress of activities and
act as a ‘third eye’ to the Association members regarding use of Association
resources

Article 37: The Awards Committee

1) There is hereby established the Awards Committee.
2) The Committee shall consist of not more than Five (5) members nominated by the
Executive Committee and appointed by the Chairman.
3) The Awards Committee shall be gazzetted by the Secretary General in all platforms of
communication including email and social media.
4) The Committee shall select alumni to receive the Association’s top leadership awards
– the Distinguished Service Award of MHSAA.
5) The Committee shall review and oversee the award nomination and selection
process. It will also recommend to the Executive Committee other special awards that
may be deemed appropriate including awards and recognition to MHS Academic Boy
of the year and top achievers among teachers and students.
6) The Committee shall upon Sixty (60) days of gazzetment by the Secretary General
publish “regulations on nomination and selection of awards” and establish the
different categories of awards.

Article 38: The Disciplinary Committee

1) There is hereby established the Disciplinary Committee
2) The Committee shall consist of two members of the Executive Committee one of
whom should be the Vice Chairman and one other member appointed by the
Chairman and three other members from the plenary of members also appointed by
the Chairman.
3) The Vice Chairman shall be the Chairman of the Disciplinary Committee
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 4) The Committee shall elect its own Secretary to manage its correspondences and
gazzetment of notices
5) The Disciplinary Committee shall within Ninety (90) days of coming into office
recommend the ‘Rules of procedure and the code of conduct for members’ to be
ratified by the Executive and adopted by plenary of members

Article 39: Powers of the Disciplinary Committee

1) Fix a date for the disciplinary hearing and instruct the Secretary to the Disciplinary
Committee to serve the notice of the disciplinary hearing upon the member charged
2) To summon the member charged and to attend before it to give evidence in relation
to the charges made against him/her;
3) Consider and determine, after conclusion of the hearing, whether or not each charge
has been proved;
4) Hear and consider pleas in mitigation;
5) Impose any of the penalties as may be prescribed in the rule of procedure and code
of conduct for members
6) Notify the member charged of the decision in writing including any award of costs
and its right to refer the decision of the Disciplinary Committee to the Annual General
Meeting
7) The Disciplinary Committee shall produce a written statement of findings of fact, the
reasons for its verdict and the reasons for any penalty imposed to the member
charged to the executive Committee and present the same to the Annual General
Meeting
8) Review the disciplinary rules and procedures from time to time and make
recommendations to the Annual General Meeting if appropriate;
9) The Annual General Meeting shall have powers to reconsider the verdict and the
penalty of disciplinary cases remitted by the Disciplinary Committee and the
decisions thereof shall be considered final
10)In discharging their mandate the Disciplinary Committee shall uphold the highest
level of integrity, impartiality and utmost fairness. The procedure of conduct shall
uphold the principles of natural justice

Article 40: Publicity and Public Relations Committee

1) There is hereby established the Publicity and Public Relations Committee
2) The Committee shall be composed of the organizing Secretary, Secretary General and
three other members from plenary of members
3) The Secretary General shall be the Chair to the Committee while its secretary shall
come from the three other members appointed by the Chairman
4) The Committee shall be bestowed with the following responsibilities
i. Communicate and market using all forms of media outlets to report the
Association mission, objectives, activities and results including publicising
of Association key meetings such as the AGM and other special events.
ii. Creating awareness of Association activities among members, print and
electronic media, social media, and the general public

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 iii. Engaging the public and MHS community on actions that foster close
working relations, collaboration and networking
iv. Facilitate communication among all levels of the Association;
v. Create, maintain and run media platforms (e.g. a website) through which to
communicate to the members of the Association and, where applicable, to
the wider society;
vi. Seek to promote media content consistent with fundamental MHSAA goals;
vii. Endeavor to secure publicity for the work of the MHSAA, be responsible for
forwarding its events and activities;
viii. Act as far as possible as an agency for the promotion and sale of the
Association’s affairs;
ix. Support and serve as an advisory Committee to the Resource Mobilization
and Investment Committee;

Article 41: Special Ad-hoc Committees

1) Special Committees may be appointed by the Chairman when deemed necessary, to
include, but not limited to, the provisions of this constitution.
2) Such Committees will be established by duly gazzetted terms of reference and period
of engagement.
3) Upon the expiry of the period and accomplishment of the task, the Committee shall
stand dissolved.
4) The membership to special Committees shall be decided upon by the Chairman in
consultation with the Executive Committee.

Article 42: Assembly of Standing Committees (ASC)

1) There is hereby established Assembly of standing Committees
2) The Committee shall be constituted of all the members of the Executive Committee
and Chairpersons and secretaries of the Standing Committees with exemption of the
Ad hoc Committees
3) The ASC shall meet at least bi-annually to share lessons learnt across the Committees
as they carry out their mandate and resolve any emerging issues
4) The meetings of the committee shall be chaired on a rotational basis among the
various Standing Committee chairpersons at such venues as may be communicated
by the Chairman of the Association

Article 43: Bank Account Signatories

1) The following office bearers are the designated Bank Signatories
i. The Chairman
ii. The Secretary General
iii. The Treasurer

2) No money will be withdrawn from the Association’s account by the officials without
any two of the designated signatories one of whom MUST be the Treasurer
3) Notwithstanding the provision of Article 43 (2), Cheques greater than $1000 MUST
bear signatures of all the three Bank signatories
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Article 44: The Association Funds

The Association funds shall be sourced from:

i. Members’ registration fees and subscriptions;
ii. Donations;
iii. Resource Mobilization;
iv. Revenues from Association Investments;
v. Support from group, friends and well-wishers;
vi. Grants, donations and legacies accepted by the Executive Committee on
behalf of the Association;
vii. Net income from publication and sale of souvenirs;
viii. Any other source approved by members;

Article 45: Expenditures:

The funds for MHSAA may only be used for the following purposes and conditions:
1) For running Alumni office and implementing the objectives of MHSAA (travel and
subsistence allowance at such rates approved by AGM, and for investment
opportunities recommended by the Resource Mobilization and Investment
Committee;
2) For facilitating the activities of constitutional Committees established under this
constitution;
3) All money shall be received and paid to the Treasurer and shall be deposited in the
name of MHSAA in the Bank Account approved by members;
4) No payment shall be made out of the Bank Account without a minuted resolution of
the Committee authorizing such payment. All withdrawals on such bank account shall
be transacted only by authorized signatories;
5) Emergency transactions without leave of members is permitted so long us such
transactions are reported to the members in not more than 48 hours after the effect
of that transaction by the Chairman; and
6) The Disciplinary Committee shall have the power to discipline an office bearer whom
it has reasonable ground to believe is not properly accountable and transparent to
the funds and properties of MHSAA. Recommendation for such suspension shall be
reported to the AGM to be approved on a date not later than two months from the
date of suspension. The (AGM) shall have power to decide what further action shall
be taken in the matter.

7) In the management of MHSAA funds, the Association through its established

constitutional structures shall have powers to:
i. Purchase, take, receive, lease, or lessee, take by gift, device or bequest,
otherwise acquire, and own, hold, use, and otherwise deal in and with any
real or personal property, or any interest there in situated in or out of Kenya;
ii. Sell, convey mortgage, pledge lease as leaser, and otherwise dispose of all or
any part of its property and assets;
iii. Purchase, take, receive, subscribe for, or otherwise acquire own, hold, or
vote, use or employ shares or other interests in or obligations of societies in
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The MHSAA Constitution enacted 3rd February 12.04 am 2016

 Kenya or foreign countries whether for profit or not for profit, association,
partnership or individual;
iv. Make contracts and incur liabilities which may be appropriate to enable the
association to accomplish any or its purposes, to borrow money for its
purposes at such a rate of interest as it may determine, to issue its notes,
bonds, property, franchisees, and income;
v. Invest funds from time as may be deemed prudent; to lend money for its
purposes and to make and hold real and private property as security for the
payment of funds so invested or lent;
vi. Have and exercise all powers necessary and convenient to affect any or all of
the purpose for which the Association is organized; and
vii. Hire and fire individuals and corporate persons in the work of the
Association.

Article 46: Trustees

1) All land, buildings and other immovable property and all investment and securities
which shall be acquired by the Association shall be vested in the names of not less
than 4 trustees who shall be members of the Association in good standing and shall
be appointed at an Annual General Meeting for a period of three years. On retirement
such trustees shall be eligible for a re-election.
2) An AGM shall have the power to remove any of the trustees and any vacancies
occurring thereof by removal, resignation or death, shall be filled at the same or the
following general meeting.
3) Removal of the Trustees shall be effected by two thirds (2/3) of all the registered
members
4) The Trustees shall pay all income received from property vested in the trustees to the
Treasurer. Any expenditure in respect to such property which in the opinion of the
trustees is necessary or desirable shall be reported by the trustees to the Annual
General Meeting of members which shall authorize the expenditure of such moneys
as it thinks fit

Article 47: Benefits of being a member of MHSAA

1) Opportunities to explore career options and aspirations with experienced
professionals.
2) Professional networking with other alumni through special events organized by the
alumni office.
3) Recognition as a MHSAA ambassador by MHS and the community.
4) Access to vital information on MHS from the editorial team through write ups and
newsletters.
5) The satisfaction of contributing towards the enhancement of MHSAA’s reputation.
6) The satisfaction of giving back to the community through helping current MHS
students and nurturing the leaders of tomorrow.
7) The mutual benefit of finding a classmate through re-union events.
8) Career development/networking.
9) Online alumni directory/database.
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The MHSAA Constitution enacted 3rd February 12.04 am 2016

 10) The benefit of getting social and economic welfare support as stipulated in the
welfare regulations.
11) The benefit accruing from investment portfolios and programs managed by the
Resource Mobilization and Investment Committee.

Article 48: Affiliated Groups and legal entities

1) The Association shall elect to enter into affiliation relationship with legally
recognized entities on condition that such a relationship would enable the
Association in its pursuit of its objectives. Such entities can be similar associations or
companies owned by members of the Association.
2) Affiliated organizations may be eligible for financial aid on application to the
Treasurer and approval by the Executive Committee and ratification by plenary of
members
3) A group shall be considered for affiliation following a successful petition by way of an
application indicating:
i. the name of the group,
ii. the groups objectives and activities,
iii. a description of the unique contribution the group will bring to the
advancement of the Alumni Association,
iv. agreement to the provisions of the Alumni Association’s
constitution by the group, and
v. any other requirement as will be determined by the Executive
Committee.

Article 49: Adoption of the constitution

1) This Constitution and by-laws shall be effective upon the adoption thereof and shall
supersede any and all instruments of a similar nature heretofore adopted or used by
the Association.
2) The effective date of adoption shall be during the launch of the Alumni Association or
an Annual General Meeting constituted for the purpose, or upon resolution of
ratification by plenary of members whichever comes first

Article 50: Amendments to the constitution

1) These by-laws may be amended at an annual general meeting (AGM) of Mbita High
School Alumni Association by a vote of two-thirds of the members of the Association
present and voting at such meeting.
2) Any proposed amendments shall be first submitted to the Executive Committee in
writing for study sixty (60) days before the meeting of the Association.
3) The Secretary General shall circulate notice of the proposed amendment(s) to
members either in writing or by publication not less than thirty (30) days prior to
such meeting. Such notice shall include a copy of the proposed amendment(s) to the
Constitution.
4) The Executive Committee shall present the proposed amendments, along with its
recommendations, at the meeting for deliberations and a vote.
5) Amendments and changes shall take effect immediately upon approval.
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Article 51: Supremacy of this constitution
1) This Constitution shall be the supreme law of the MHSAA and any law or regulations
inconsistent with its provisions shall, unless otherwise provided expressly or by
necessary implication in this Constitution, be of no force and effect to the extent of
the inconsistency.
2) This Constitution shall bind all, Executive, subsidiary Committees and quasi-judicial
bodies of MHSAA
3) In the event that any other regulations or legislations from Committees of this
constitution contradicts or is inconsistent with any provisions of this constitution,
the provisions of this constitution shall prevail and the sections thereof declared null
and void to the extent of that inconsistency

Article 52: Oath of office

1) Before assuming office, acting in office, or performing any functions of an office
bearer, members of Committees of this constitution and the Internal Auditor, a person
shall take and subscribe the oath or affirmation of office administered by the
designated Commissioner of Oaths and Notary Public in Article 21(7)
2) The manner and form of the oath shall be prescribed by the Commissioner of Oaths
and Notary Public
3) On the effective date, the Office Bearers or any other person who had, before the
effective date, taken and subscribed an oath or affirmation of office under the
previous instruments of authority, or who is required to take and subscribe an oath
or affirmation of office under this Constitution, shall take and subscribe the
appropriate oath or affirmation under this Constitution.
4) If and when the effective date takes effect through social media networks, the
Commissioner of Oath shall arrange for a swearing in ceremony publicly witnessed
by members of the Association at an officially publicized venue and time.

Article 53: Dispute resolution

1) All disputes regarding the interpretation and implementation of this Constitution
shall first be solved through the following:
i. Good offices
ii. Mediation
iii. Conciliation
iv. Negotiation
v. Where such methods as described above fail, parties shall proceed
to arbitration.

2) For purposes of Article 53 (1) v above, there shall be Arbitrators who shall be
appointed by the Patron being a five member Ad hoc Committee comprising of at least
one representative of the Executive Committee, Resource Mobilisation and
Investment Committee, Publicity and Public Relations Committee and one member
from regular members
3) The interpretation of the Committee of Arbitrators shall in as much as possible
reflect the letter and spirit of the constitution
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The MHSAA Constitution enacted 3rd February 12.04 am 2016

 4) The decision of the Committee of Arbitrators shall be considered final

Article 54: Subsidiary legislation

1) Subject to this Constitution, Committees shall have the power to enact other rules and
regulations for implementing this Constitution.
2) Such rules shall be consistent with this Constitution.

Article 55: Association Seal of Authority

1) The logo of the Association shall be the logo depicted in Schedule I.
2) The logo and official rubber stamp of the Association shall not be affixed to any
document except by the Chairman or Secretary General of the Association or their
designated representatives.
3) The Official rubberstamp shall be kept in the custody of the Chairman while the logo
and official letter heads with Association logos shall be in the custody of the Secretary
General.

Article 56: Fiscal Year of the Association

1) The fiscal year of the Association shall be from the first of January to the thirty first of
December.
2) The annual accounts of the Association shall be audited at the end of the fiscal year
by the Internal Auditor or any some cases a registered firm of Chartered Auditors
appointed at the Annual General Meeting.

Article 57: Dissolution

1) In the event of dissolution of Mbita High School Alumni Association, all of its assets,
after payment of or provision for its liabilities, shall be distributed equitably as
established by-laws or as will be agreed and supported by three quarters of the
members in a special meeting convened specifically to deliberate on the agendum of
dissolution.
2) No part of the net earnings of Mbita high School Alumni Association shall inure to the
benefit of any member, officer or other private individual, except that the Association
shall be authorized and empowered to pay reasonable compensation for services
rendered and to make payments and distributions in furtherance of the purposes
stated in Article 7.

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Schedule 1: The Association Logo

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The MHSAA Constitution enacted 3rd February 12.04 am 2016

15. Enactment and adoption of the Constitution

This constitution was enacted and adopted by the members present at the AGM held on:
………………………………… 2016

Signed:

................................................................................................................................
(Chairman)

................................................................................................................................ (Secretary General)

................................................................................................................................ (Treasurer)

................................................................................................................................ (Member)

................................................................................................................................ (Member)

................................................................................................................................ (Member)

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The MHSAA Constitution enacted 3rd February 12.04 am 2016