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THE KENYA TAEKWONDO ASSOCIATION
CONSTITUTION
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Contents Article: 1.
TITLE: ............................................................................................................................... 3
Article: 2.
REGISTERED OFFICE: ....................................................................................................... 3
Article: 3.
OBJECTS ........................................................................................................................... 3
Article: 4.
MEMBERSHIP .................................................................................................................. 4
Article: 5.
THE EXECUTIVE COMMITTEE .......................................................................................... 5
Article: 7.
ELECTION OF OFFICE BEARERS ......................................................................................... 8
Article: 8.
DUTIES OF THE EXECUTIVE COMMITTEE ......................................................................... 9
Article: 9.
GENERAL MEETINGS....................................................................................................... 10
Article: 10.
PROCEDURE AT MEETINGS ........................................................................................... 11
Article: 11.
BRANCHES OR PROVINCES ............................................................................................ 12
Article: 12.
ADMINISTRATION BOARD ............................................................................................. 12
Article: 13.
APPOINTMENT OF SUBCOMMITTEES AND TECHNICAL COMMISSION ....................... 13
Article: 12.
ARBITRATION ................................................................................................................ 13
Article: 13.
TRUSTEES ...................................................................................................................... 14
Article: 16.
AUDITOR ....................................................................................................................... 14
Article: 17.
FUNDS ........................................................................................................................... 15
Article: 18.
AMENDMENT TO THE CONSTITUTION......................................................................... 16
Article: 19.
PATRON ......................................................................................................................... 17
Article: 20.
DISSOLUTION ................................................................................................................ 17
Article: 21.
INSPECTION OF ACCOUNTS AND LIST OF MEMBERS .................................................... 17
Article: 22.
KENYA NATIONAL SPORTS COUNCIL - Submission to Jurisdiction ................................ 18
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Article: 1.
TITLE: The name of the association shall be “THE KENYA TAEKWONDO ASSOCIATION" hereafter referred to as Association.
Article: 2.
REGISTERED OFFICE: The Headquarters of the association shall be situated in Nairobi where it will maintain an office and keep any documents, past records files and property of the association. Its address shall be P.O. Box 61002 Nairobi, Kenya. The Headquarter of the Branches of the Association shall be situated at Government Administrative Centers in the respective Provinces/districts where the branches are situated.
Article: 3.
OBJECTS (a) The Association shall be non-political; (b) It shall seek to promote, encourage and develop the standards Taekwondo by forming Branches/Provinces/Sub-branches which shall be affiliated bodies of the association.
(c) It shall seek affiliation and co-operation with the Kenya National Sports Council (KNSC), National Olympic Committee of Kenya (NOCK), the East and Southern Africa Taekwondo Confederation [ESTAC], the African Taekwondo Union (AFTU), the World Taekwondo Federation (WTF) and any other sporting organization affiliation to which would be of benefit to the Association.
(d) It shall be the sole organization responsible for the promotion of taekwondo in Kenya and shall regulate the activities of the sport in accordance with regulation and rules set 'out by the World Taekwondo Federation.
(e) It shall organize competitions and seminars for its members and shall seek to participate in international competitions in order to enhance the standard of the
Page |4 game and to foster better relations with the member national associations of the World Taekwondo Federation.
Article: 4.
MEMBERSHIP (a) Any club practising Taekwondo under a qualified instructor and with a membership of at least 20 registered and active players shall be eligible for membership of the association subject to the approval of the Executive Committee.
(b) Every such Taekwondo club wishing to become a member of the Association shall submit a written application together with a registration fee whose amount shall be determined by the Executive Committee to the headquarters through the Branch.
(c) Every member club of the Association shall pay a yearly subscription fee the amount of which shall be decided by the Executive committee. The whole amount of the subscription fee shall be paid to the national office. The subscription fee shall be payable in advance in any case not later than the 31st March of every year. New Clubs joining the Association after the 31st March will not be entitled to any remission on the amount of the fee and will pay the full yearly subscription.
(d) Any member or member club wishing to resign from the Association may do so by giving a written notice to the Secretary General. The resignation shall take effect from the date of receipt by the Secretary General of such notice.
(e) Any member or member club may be expelled from membership of the Association by the Executive Committee if the said member or club is seen or deemed to have contravened any of the Association's rules and regulations. The Executive Committee shall also have power to suspend a member or member
Page |5 club from membership of the Association for any period if the said member or club is seen or deemed to have contravened any of the Associations rules and regulations.
(f) Any member or member club which resigns or is removed from membership by reason of expulsion shall not be entitled to any refund subscription or any part thereof or any monies contributed by it to the Association at any time.
(g) Any member club which falls into arrears with the yearly subscription for a period of two or more consecutive years shall automatically cease to be a member of the Association and it shall be struck off the register of members. The Committee may, however, at its discretion, reinstate such member on payment of the total amount of outstanding subscriptions.
Article: 5.
THE EXECUTIVE COMMITTEE (a.) The Executive Committee shall be the supreme governing body of the Association and shall have the following Office bearers: (i.)
The Honorary Chairman;
(ii.)
The Honorary 1st Vice-Chairman - (Administration)
(iii.)
The Honorary 2nd Vice-Chairman - (Technical)
(iv.)
The Honorary Secretary General
(v.)
The Honorary Assistant Secretary General
(vi.)
The Honorary Treasurer
(vii.)
The Honorary Assistant Treasurer
(viii.)
The Honorary Competitions Secretary
(ix.)
Five Honorary Committee members a. Two (2) whom shall be elected during m AGM b. Three (3) of whom shall be nominated by the Executive-Committee.
Page |6 (b.) All the office bearers of the Association shall be fully paid up members and shall be elected at the Annual General Meeting called for the purpose of electing office bearers and shall hold office for a term of four years. (c.) Any office bearer who ceases to be a member of the Association shall also cease to be a member of the Executive Committee. (d.) Office bearers may be removed from office in accordance with Article 4 and vacancies thus created shall be filled by persons elected at the general meeting resolving the expulsion. (e.) Members of the Executive Committee shall not seek and/or be employees of the Association. (f.) Any member of the Executive committee who fails to attend more than three [3] consecutive meetings without lawful causes shall be deemed to have deserted the committee and shall therefore automatically lose his seat. (g.) Should a vacancy occur in the Executive Committee for whatever, reason the Executive Committee shall have powers to fill such vacancy until the next Annual General meeting.
DUTIES OF OFFICE BEARERS (a.)
CHAIRMAN - The Chairman shall, unless prevented by illness or other efficient cause,
preside over all the meetings of the committee and all general meetings. The Chairman shall have a casting vote in case of a tie at all the meetings of the Association. He shall also be an Ex-officio member of all standing subcommittees of the association. In case of emergency the Chairman shall have powers jointly with the Secretary General and the Treasurer to take such actions as may be necessary on behalf of the Executive Committee. (b.)
VICE-CHAIRMAN - The Vice-Chairman shall perform the duties of the chairman in the
absence of the latter.
Page |7 (c.)
SECRETARY GENERAL – The Secretary General shall be the head of the Secretariat and Chief
Executive of the Association. He shall conduct all the correspondence of the Association, under the general guidance of the committee. He shall issue notices of all meetings of the Committee and all general meetings of the association and shall be responsible for the keeping of minutes of all such meetings and for the preservation of all records of proceedings of the Association and of the Committee. He shall be responsible to the Executive Committee for all the day to day administrative affairs of the association. He shall also be responsible for the proper functioning of all the standing subcommittees. He shall be an Ex-officio member of all the standing sub committees of the Association. In case of emergency the Secretary General shall have powers jointly with the Chairman and the Treasurer to take such actions as may be necessary on behalf of the Executive Committee. (d.)
ASSISTANT SECRETARY GENERAL - The Assistant Secretary General shall perform the Duties
of the Secretary General in the absence of the latter and any other such duties as may be assigned to him by the Secretary General and/or Executive Committee. (e.)
TREASURER - The Treasurer shall receive and disburse under the general directions of the
committee all money belonging to the association and shall issue receipts for all the moneys received by him and preserve vouchers for all moneys paid by him. He shall be responsible to the committee and to the members that proper books of accounts of all moneys received and disbursed by its association are written up, preserved and available for inspection. He shall be responsible for the preparation and submission to the Executive Committee for approval before the annual General meeting an income and Expenditure Account covering a balance sheet of its Assets and liabilities. The Treasurer shall also prepare an annual budget and submit to the Executive Committee me for approval. He shall prepare an Inventory on all movable and immovable assets and an up to date record of all liabilities of the association. The treasurer shall maintain separate accounts for each competition for each the association is directly responsible.
Page |8 He shall keep petty cash of a sum approved by the Executive Committee but not exceeding Kshs 2,000. He shall operate the association’s bank accounts as shown in Article 17(C), he shall be an EXofficio member of all the standing sub-committees. In case of emergency, the treasurer shall have power jointly with the Chairman and Secretary General to take such action as may be necessary on behalf of the Executive Committee. (f.)
ASSISTANT TREASURER - The Assistant Treasurer shall perform duties of the Treasurer in the
absence of the latter and any other duties that may be assigned to him by the Treasurer or Executive Committee. (g.)
COMPETITIONS SECRETARY - The Competitions Secretary shall prepare the Annual Calendar
of Events for Competitions, gradings’ and all other Championships which are the responsibility of the association. He shall prepare the annual report of the association’s technical activities during the year and submit them to the Secretary General not later than the first week of January for inclusion in the Chairman's report.
Article: 7.
ELECTION OF OFFICE BEARERS (a) The election of office bearers shall be held once every four years. (b) (i.) The office bearers shall be elected by delegates, who shall comprise of the ten Executive Committee members and three delegates from each Province/branch, (ii.) The three (3) delegates from each Province/branch shall comprise of the Chairman, Secretary and any other official of the province/branch. (c) For a Province to quality for participation in the elections of office bearers; it must have a minimum membership of five (5) affiliated clubs with a minimum total registration of 100 members. (d) Every candidate shall be proposed by a delegate from his own branch and seconded by a delegate from a different branch:
Page |9 (e) The method of election shall be by secret ballot, show of hands or queuing. The General meeting at which the elections are being held will vote to decide, prior to the elections, which method should be used. (f) Nomination for officials and members of the Executive Committee must be submitted in writing to the Secretary General at least one week before the meeting. (g) A win in the election will be by simple majority determined by the secret ballot, show of hands, or queuing. In case of a tie resulting from equal votes, the outgoing Chairman shall be allowed a second or casting vote at respect of all the posts except that of Chairman where the outgoing Secretary General shall have the second or casting vote. (h) The three principal officials of a branch i.e. Chairman, Secretary and Treasurer, may not seek election in the three principle positions in the National office i.e. Hon. Chairman, Hon. Secretary General and Hon. Treasurer. The Assistant at Provincial level shall be exempted from this provision. (i) The three nominated members of the Executive-Committee shall not have any voting powers during the election of office bearers.
Article: 8.
DUTIES OF THE EXECUTIVE COMMITTEE (a) The Executive Committee shall be responsible for the management of the Association in accordance with the provisions of this constitution. It may appoint Sub-Committees/Commissions as deemed necessary. (b) All disbursement of Association funds shall be authorized by the Executive Committee.
P a g e | 10 (c) The quorum for meetings of the Executive committee shall be 2/3 of the members. Two of the three of the office bearers shall be present in order to constitute the quorum.
Article: 9.
GENERAL MEETINGS (a) There shall be two classes of General meetings: the Annual General meeting and the Special General Meeting. (b) (i.) The Annual General Meeting shall be held once in every calendar year. Notice in writing of such Annual General Meeting, accompanied by the Annual statement of Account and the Agenda for the meeting shall be sent to all members not less than 2l days before date of the meeting and where practicable, by advertisement in the press not less than 14 days before the date of the meeting. Each province or branch shall be represented by upto five (5) official delegates, two of them being observers. The two observers will not have any voting powers. (ii.) The agenda for any annual General Meeting shall include the following: 1) Confirmation of the minutes of the previous annual general meeting; 2) Consideration of the accounts; 3) Election of office bearers and the Executive Committee Members as appropriate. 4) Appointment of Auditors in accordance with rule 16(a); 5) Any other matter that the Executive Committee may decide or to which notice shall have been given in writing by any member or
P a g e | 11 members to the Secretary General at least twenty one days prior to the date of the meeting. 6) Any other business with the approval of the Chairman.
(c) A special General Meeting may be called for any specific purpose by the Executive Committee. Notice in writing of such meeting shall be sent to all members not less than 14 days before the date thereof and where practicable, by advertisement in the Press not less than 7 days prior to the date of the meeting. (d) A Special General Meeting may also r requisitioned for a special purpose by order in writing to the Secretary General of not less than half the members and such meeting shall be held within 21 days of the date of requisitioning. The notice for such a meeting shall be as shown in Article 9(c), and no matters other than that stated in the requisitioning the meeting shall he discussed. (e) The quorum for a general meeting shall be not less than two thirds of the registered delegates/provinces/branches.
Article: 10. PROCEDURE AT MEETINGS (a) At all meetings of the Association, the Chairman, or in his absence, the Vicechairman, or in the absence of both officers, a member selected by the meeting shall take the Chair. (b) The Chairman may at his discretion limit the number of persons permitted to speak in favor of and against any motion. (c) Resolutions shall be decided by simple voting by a show of hands. In the case of equality of votes, the Chairman shall have a second or casting vote.
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Article: 11. BRANCHES OR PROVINCES Provincial and/or branch associations shall be formed based on the provincial administrative boundaries. Each province/branch seeking affiliation shall make a written application to the Secretary General for consideration and approval by the Executive Committee. Each provincial/branch Association, if approved shall adopt the same constitution as that of the National Association with the following exceptions:(i.)
The aims and objects will not include the formation of provinces/ branches.
(ii.)
Amendments to the constitution can only be made by the National Association in accordance with the provisions of Article 18.
(iii.)
The provisions of article 19 shall apply to provinces and branches but in addition established provinces/branches will not be dissolved without the approval of the Executive Committee.
In order to qualify for affiliation each province/branch shall be required a have a minimum of ten (10) active clubs in accordance with the provisions of article 4(a). The provinces/branches shall register with the Provincial Director of Sports in their respective provinces. The province branches shall be subject to rules, Regulations and By Laws applicable to their respective provinces. Other associations e.g. Schools, Armed Forces, Police, etc. may be formed exceptionally with the approval of the Executive Committee such associations will be subject to the Rules & Regulations and By Laws applicable to their organizations.
Article: 12. ADMINISTRATION BOARD The Administration Board shall comprise of former Chairman, patrons etc. of the association and up to six (6) other influential persons who shall be nominated by the Executive Committee. The members of the Board who shall hold office concurrently
P a g e | 13 with the Executive Committee do not necessarily have to be members of the association. The Board will act as the “watch dog� of the association and its duties shall include inter alia. (i.)
Overseeing the smooth running and sound management of the association by the Executive Committee.
(ii.)
Funding of the association.
(iii.)
Solving of disputes/grievances.
Article: 13. APPOINTMENT OF SUBCOMMITTEES AND TECHNICAL COMMISSIONS The Executive Committee shall be responsible for the appointment of sub committees and Technical Commissions. The Technical Commissions shall be composed of the following:(i.)
Grading Commission - To be responsible for all gradings.
(ii.)
Referees Commission - To be responsible for the training and appointment of referees during competitions.
(iii.)
Competition Commission -
To be responsible for the organization and
running of all competitions. (iv.)
Disciplinary Commission -
To be responsible for the maintenance of
discipline amongst all Taekwondo practitioners. Each respective commission shall be headed by a senior member of the association as the Chairman. The commissions shall be answerable to the Executive Committee.
Article: 12. ARBITRATION All difference/misunderstandings etc. shall be referred to the Executive Committee/Administration Board for arbitration. In the event that the dispute cannot be resolved within reasonable time in this case one month then the matter will be referred to the National Olympic Committee of Kenya (NOCK) and/or the Kenya National Sports Council (KNSC) for final verdict.
P a g e | 14 Under no circumstance should disputes involving the association be referred to the courts.
Article: 13. TRUSTEES (a) All land, buildings and other immovable property and all investments and securities which shall be acquired by the Association shall be vested in the names of not less than three trustees who shall be members of the Association and shall be appointed at an annual general meeting for a period of four years. The Trustees on expiry of their term of office be eligible for reappointment. A general meeting shall have the power to remove any of the trustees and all vacancies created by such removal, resignation, or death shall be filled at the same or the next general meeting. (b) The Trustees shall pay all the income received from property vested in them to the Treasurer. Any expenditure in respect of such property which in the opinion of the Trustees is necessary or desirable shall be reported by the Trustees to the Executive Committee which authorize expenditure of such monies as it deems fit.
Article: 16. AUDITOR (a.) An auditor shall be appointed for the following year by the Annual General Meeting. All the Association's accounts, records, and documents relating to accounts shall he open for the inspection of the auditor at any time. 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 forty two days and not more than three months before the date of the annual general meeting. The Auditor shall examine such annual accounts and such statements and either certify that they are correct, duly vouched and in
P a g e | 15 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. (b.) 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. An Auditor may be paid such honorarium for his duties as may be resolved by the Annual General Meeting appointing him. (c.) The Auditor shall not be a Member of the Executive Committee of the Association.
Article: 17. FUNDS (a) The funds of the Association may only be used for the following purposes: (i.)
Organization
of
National
and
International
Taekwondo
tournaments;
(ii.)
Organization of seminars and training courses for local coaches, trainers, and referees, officials, etc.
(iii.)
Printing of letter heads, envelopes, receipt books, membership cards, and certificates and any other documents for use by the Association;
(iv.)
Payment of salaries, stipends, and allowances to Association employees, trainers, coaches;
(v.)
Payment of expenses for foreign visitors of the Association travelling to the country on invitation of the Association on Taekwondo business
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(b) All monies shall be received by and paid to the Treasurer who shall deposit the same in the name of the Association in a bank approved by the Executive Committee.
(c) No payments shall be made out of the bank account without resolution of the Committee authorizing such payment. All cheques drawn on such bank account shall be duly endorsed by the Treasurer and either the Chairman or the Secretary General. In the absence of the Treasurer, the Chairman and Secretary General shall endorse the cheques.
(d) A sum not exceeding Kshs. 2,000/- may be kept by the Treasurer for petty disbursement of which proper account shall be kept.
(e) The Committee shall have power to suspend any office bearer who it has reasonable cause to believe is not properly accounting for any of the funds or property of the Association and shall have power to appoint another person in his place. Such suspension shall be reported to a general meeting to be convened on a date not later than two months from the date of such suspension and the general meeting shall have full power to decide what further action should be taken on the matter.
(f) The financial year of the Association shall run from 1st January to 31st December.
Article: 18. AMENDMENT TO THE CONSTITUTION Amendments to the Constitution of the Association must be approved by at least two-thirds majority of the members at a general meeting of the Association. The amendments will not, however be implemented without the prior consent in writing of the Registrar of societies, obtained upon application to him made in writing and signed by three of the office bearers.
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Article: 19. PATRON The association can appoint any person of outstanding reputation after consultation with the person concerned.
Article: 20. DISSOLUTION (a.) The Association shall not be dissolved except by a resolution passed at a general meeting of members by a vote of two-thirds of the members present. The quorum at the meeting shall be as shown in Article 9. If no quorum is obtained, the proposal to dissolve the Association shall be submitted to a further general meeting which shall be held one month later. Notice of this meeting shall be given to all members of the Association at least 14 days before the date of the meeting. The quorum for this second meeting shall be the number of members present. (b.) Provided, however, that no dissolution shall be effected without prior approval in writing by the Registrar, obtained upon application to him made in writing and signed by three of the office bearers. (c.) When the dissolution of the Association has been approved by Register, no further action shall be taken by the committee or any office bearer of the association in connection with the aims of the Association other than to get in and liquidate for cash all the assets of the Association. Subject to the payment of all debts of the association, the balance thereof shall be distributed in such other manner as may be resolved by the meeting at which the resolution for dissolution is passed.
Article: 21. INSPECTION OF ACCOUNTS AND LIST OF MEMBERS The books of account and all documents relating thereto and a list of members of the Association shall be available for inspection at the registered office of the
P a g e | 18 Association by any officer of the Association on giving not less than seven days’ notice in writing to the Association.
Article: 22. KENYA NATIONAL SPORTS COUNCIL - Submission to Jurisdiction This Association by resolution of the members in General Meeting submits to the Jurisdiction of the Kenya National Sports Council to the extent provided by the Constitution thereof on condition that the Association is accepted by the Kenya National Sports Council as an affiliated organization thereof. In the event of such acceptance, this Association and every one of its members shall henceforth honor and be bound by all decisions of the Kenya National Sports Council or directions from the Head of that Council which are in accordance with its Constitution.
THE END Dated: 1st March, 1997