THE CONSTITUTION OF CHAMA CHA MWANANCHI – CCM 2012
ARTICLE 1: ESTABLISHMENT
i. There is hereby established a political party to be known as CHAMA CHA MWANANCHI (herein after referred to as “ The Party” or “CCM”) and to be registered as a political party under Political Parties Act 2011 or any other Act amending or replacing the same.
ii. CCM embraces Social Democracy as an ideology. It believes on equal opportunities and fair distribution of wealth and possibilities.
iii. CCM retains its THUMP UP Symbol and its flag of mixed colors of white, blue, red and orange.
iv. The party is founded on the democratic principles of good governance, Peace, Basic rights and constitutional freedoms, opportunities, integrity and gender equality.
v. CCM intends to form a government that embraces the tenets of a government created for the sole purpose of enhancing good governance, respect of basic and human rights, equality, equal chances in sharing and distribution of national wealth, individual and group freedom, justice, democracy and rule of law.
vi. CCM pledge to protect and support the rights of the minority, the marginalized, human dignity, social justice, equal opportunities, democracy, and end of impunity in all areas affected by it.
vii. CCM shall campaign for introduction of welfare for children, women rights, and the rights people with disabilities in all counties.
viii. CCM is none religious, sect or cult. CCM members have freedom of worship as guaranteed in the Constitution of Kenya 2010.
ARTICLE 2: AIMS AND OBJECTIVES
a) To establish a democratic and constitutional government of Kenya within the frame work of a pluralistic democracy.
b) To establish County governments in all Counties. CCM government shall be transparent and accountable to the electorate and shall defend, implement and honor the Constitution of Kenya.
c) To pursue and promote Civil, Political, Economic, Religious, Social or Cultural Rights and Freedoms of the individual inter alia.
d) To promote policy alternatives responding to the interests, the concerns and the needs of the citizens of Kenya.
e) The right of life and human dignity, just trials and fairness before the law. In CCM government there shall be freedom living, owning property and employment at any location in the country.
f) The right to land for the minority shall be equal with all others.
g) CCM shall protect the right to freedom of movement and association, thought, conscience, peaceful expression, the right to participate in public affairs, and the right to work and enjoy favorable working conditions.
h) To pursue and promote the rule of law and the separation of the powers between the three arms of Government, namely; the Legislature, Executive and Judiciary.
i) CCM shall campaign for practical implementation of the Bill of Rights enshrined in the constitution of Kenya.
j) To ensure the repeal of all unjust and oppressive laws and promote law reform in accordance with the principles of natural justice.
k) To pursue the provision and improvement of health, education and welfare services so as to raise the standard and quality life of the people of Kenya.
l) To encourage and promote a strong cooperative movements managed and controlled by the members.
m) To enhance the cultural life of Kenyans in all spheres of National Development.
n) To promote the protection of all justly and rightfully owned properties. Protect utilities, natural resources, i.e. the improvement, management and conservation of the environment and responsible utilization of all land..
o) To create political and social awareness among Kenyans in all public matters, issues and policies with a view to enhancing and maintaining a just, open, peaceful and democratic society.
p) To support County and international organizations or groupings aimed at achieving rapid social and economic development and innovation.
q) To campaign for an East African federal government that includes Somalia and Sudan among others.
r) To advocate and promote respect for the 1979 United Nation Conventions for the Elimination of all form of Discrimination Against Women i.e. to guard against all forms of discrimination against women, rape and to ensure that such practices are punishable by law.
s) To pursue, promote and protect the rights of workers in their demands for just salaries, commensurate with their labor contribution and in line with the costs of living.
t) To promote the welfare of the disabled people.
u) To respect the right of all persons to participate in the political process including youth, minorities and marginalized groups;
v) To respect and promote gender equity and equality, human rights and fundamental freedoms; and
w) To strengthen the right of workers to negotiate freely with the employers, and the right to make industrial actions where necessary.
x) To promote African Unity, regional and sub-regional co-operation and integration.
y) To work with regional political Parties and pressure groups that supports the advancement of the African people and the creation of an African Government.
z) To advocate, promote and comply with the United Nations International Bill of Human Right, the African Charter of Human and People’s right and the Convention against Torture and other Cruel, inhuman or Degrading Treatment and any other internationally and locally recognized democratic conventions.
aa) To nominate party candidates in respect of the Presidential, Governors, Senators Parliamentary, women and County ward representatives’ elections.
bb) To establish County Branches, Location/ward and sub-location/ward committees in all parts of Kenya, and
cc) To establish party Congresses of women and Youth
dd) And establish any other organ needed by the party from time to time.
a) Any citizen of Kenya who is eighteen years old and above and who accepts and adheres to the objectives, programs, directives, the party code of conduct and discipline of the party, shall be eligible to be a member of Chama Cha Mwananchi.
b) To be a member one must support and defend the Party constitution, observing ,respecting the manifesto, code of conduct, party regulations and rules of engagement, obligations of membership and royalty to the party shall be a must.
c) A member must contribute and support the party financially, technically and materially. And also to engage in the party’s voluntary services often and when called upon to do so. A member is a paid up member every year unless one is exempted by NEC in writing.
d) Its an obligation for a CCM candidate who wins or is nominated to a seat in a General election to contribute a monthly sum of not less than 10 percent of the money one is paid as salaries and any allowances combined. Payments start immediately one is paid the first salary and allowance.
e) All winners of the following seats are included in the above obligation: The President, Deputy President, Member of Parliament, Senate, Governor, Speaker, MCA, Any CCM member who gets nominated to a seat and any other government appointment follow same rule as above.
f) For the above (d) failure to contribute the said amount is considered as defiance and disciplinary measures by the 3 Party disciplinary committee (members of NEC officials) led by the Party accounting officer , the Secretary General shall take place immediately. Action taken shall abide. The offender can also if unsatisfied by the NEC decision appeal to the PPDT – Political Parties Dispute Tribunal. The Party can also seek help from PPDT on this issue. The Party disciplinary committee retains the right to suspend and also expel.
g) Eligible citizens may apply membership either directly to the party, by sms to the party, verbally or in writing, to the agent of the party anywhere in the country or abroad.
h) Membership shall remain subject to approval by the NEC. Branches shall in consultation with the secretariat recruit new membership in their Branches.
i) Each member of the party shall pay fees as otherwise determined by NEC from time to time.
j) ) Each member of the party shall pay his/her County Branch or headquarters an annual subscription as otherwise determined by the party.
k) Members and party officials have to respect the internal democracy of the party enshrined in this constitution and practice the same.
l) A Party official may hold a maximum of 2 offices within the Party hierarchy at any given time. Party official shall be deemed to have resigned from one of the 2 of his/her offices upon submitting an application for a third office within the party or same committee in which he/she is serving. The second position shall be held on interim bases for a period prescribed by NEC.
m) Members are to act in ways that promote official interests of the party at all times and places. Acts that undermine CCM’s constitution, Manifesto, Vision, ideology, objectives, goals and political interests are deemed to be acts that are not enshrined in this constitution.
n) Members must abide by the party Rules, code of conduct, election rules, Nomination Rules, the manifesto and any other regulations of the Party. Disputes arising from a member faililing to observe the above shall be handled by the NEC which is the Party dispute and disciplinary organ led by the Secretary General. 3 members are the quorum.
(a) A member shall cease to be a member if:-
a) He or she submits to the Secretary General of NEC a letter of resignation signed by him/her.
b) A member shall lose membership if one fails to observe code of conduct of the party, the internal rules, obligations and regulations of the party at any one time.
c) Or if one undermines the interests of the party, willingly contravenes the party code of conduct or any other would be rule or requirements of the party enshrined in this constitution or any other authorized official documents.
d) Any errant official/member shall be expelled from membership of CCM if the NEC decides with a simple majority,
e) A member shall be immediately expelled on the grounds that his/her conduct has adversely affected the reputation or dignity of the party, or one has contravened any of the provisions of the party knowingly or willingly.
f) A member has the right of appeal to NEC to stay the expulsion. The matter shall remain subject to approval in writing by NEC.
g) Meanwhile the expelled member shall remain expelled until otherwise decided by NEC.
h) The Party in its wisdom can give alternative disciplinary measures apart for expulsion.
i) An errant member can be suspended from acting on behalf of the Party pending hearing of the reasons behind the move.
j) False accusations, lies, against a fellow member shall not be entertained by the Party. Proven as false accusations by itself shall lead to disciplinary measures upon the source.
k) A member or an official of the party at all levels of the party can be expelled in absentia once the intention to do so has been verbally, phone call, in writing, through an email or sms, has been carried out by NEC. Failure to accept receivership of the sermons does not translate into postponement of action by NEC.
l) Failure in itself to acknowledge the expulsion notice or failure to attend the expulsion meeting in person does not nullify the decision reached by the seating.
m) Any member inciting tribal or clan violence, given credible evidence gets automatic and permanent expulsion from the party.
n) A member who ceases to be a member shall not be entitled to a refund of any subscriptions.
o) An expelled official shall with immediate effect, vacate office, return to the relevant organ / County Branch/Sub County Branch, NEC, all Party documents, Monies, items, and all stationary or movable assets belonging to CCM.
p) Any member refusing to vacate office shall be in breach of this constitution and shall be subjected to further official action
q) Any member who intentionally contravenes the party code of conduct, rules and obligations of the party shall be expelled.
r) Any party official who contravenes the election laws, political parties act 2011, the National constitution 2010 shall solely remain responsible and the party cannot be responsible for such misconduct.
s) Any official engaged in acts seen to undermine the party’s’ power and stability interest shall be expelled.
t) Any member whose activities are seen as a liability to the wellbeing of the party members shall be expelled.
u) Any member or official who shows disrespect to respective organs of the party shall be expelled.
v) Any member seen to be dividing the party membership into unruly groupings shall be expelled.
w) Any member who contravenes any party code of conduct, rules and regulations in this constitution or any other official party rules and regulations which may come into force at any moment for smooth running of the party affairs shall be expelled.
x) All party officials have to accept the contents in this constitution and be willing to abide by the rules that govern their offices. The party officials shall append their signatures to the code of conduct during their acceptance as party officials.
y) A member shall not be qualified to be elected to a Party Office or be sponsored by the Party to any Public office if: A member is convicted by a court of competent jurisdiction of a crime and sentenced to a term of imprisonment exceeding six months, having exhausted the procedures of appeal provided by the law.
z) Is or becomes a member of or supports any other Political Party or grouping whose purpose and objects are, in the opinion of the NEC inconsistent with or likely to be in conflict with those of CCM.
aa) Violates any of the Code of Conduct tenets provisions stipulated in this constitution or political parties act 2011.
bb) The official is found unfit to be a Party Official on health grounds.
ARTICLE 4: MEMBERS INTERNAL rules and practices 2012
a) Members must at all times use the relevant CCM offices to address grievances between them and the Party. Matters not addressed by NEC cannot be taken to PPDT or any other court or the media. Failure to honour this demand amounts to loss of membership with immediate effect.
b) Members who loss membership cannot take CCM to courts for that matter but can seek advice from Political Parties Dispute Tribunal. Meanwhile the said person remains expelled until another decision to revoke expulsion is reached by NEC. NEC appoints members of the disciplinary committee as it deems necessary from time to time. The SG heads the disciplinary committee at all times.
c) CCM elections and nominations are internal matters of the party that each member promised to respect when becoming a member. Members who loose in CCM elections or nominations of candidates have to abide by the results but have the right of appeal to NEC and not in courts.
d) Expelled members and officials cannot run party offices or represent the party in any matters from the date of expulsion. The same rule apply to suspended members and officials.
e) Expelled members cannot act for the party and whatever transactions the said person during expulsion does not affect the party in any way and the party cannot take responsibility of such.
f) Expelled members cannot run for any elective post in the party or be nominated as candidates to run in any national elections.
g) Expelled members cannot use party titles previously held.
h) A member who loses in CCM elections or nominations has to abide by the results and can only appeal through the given party channels.
i) NEC have the right to recall the nominations and memberships of elected candidates and officials in a General election or by-election if they fail to deliver the results expected of them by the Party
j) Any party official having proven not to have cooperated in the compliance exercise shall with immediate effect vacate their positions in Branches, NEC or any other party organ and position held, and pave way for replacement. They remain ordinary members until such a time they opt out of the party or the party terminates their membership.
k) National officials intending to participate in General elections shall cease to be party officials 4 months before elections and shall not be party officials once elected in a public office such as president, Governor, Senator, ward representative or Minister. The same applies to Branch officials down to wards.
l) The Chair on becoming the Chair, the Secretary General, the Treasurer, the Women Leader, the Youth Leader, the National Executive Director are required by this rule to stay away from vying for any elective office in any General elections for a period of 2 years. Their Deputies shall observe same requirement to enable them concentrate in building the party.
ARTICLE 5: MEMBERS’ REGISTER
a) Every Sub County Branch shall compile a Register of members which shall list group members by Sub Location/Ward and shall show the membership number and the national identity card number. Such Registry shall be certified by 2 officials among the Sub County Branch Committee.
b) The Sub County Branch Committee shall retain a copy of the Register and submit the other copies to the National Secretariat.
c) The Sub County Branch Committee shall ensure that a copy of the Sub Location/Ward/Register is available for members at the Sub Location, Ward Level.
d) The said Register shall also be opened for Inspection at the Sub County Branch Committee Office by any member who desires to do so after giving seven days notice in writing and on payment of fee prescribed by NEC.
e) Copies of membership registers cannot be distributed, copied to or given to emailed to any un authorized persons, party members or any other authorities without written permission from the NEC.
f) Any person who considers that his/her name has been wrongly omitted from the said Register shall have the right to petition the Sub County Branch Committee or the Branch committee before forwarding the complaint to the NEC.
g) Any rectification of the said Register shall be communicated to the National Secretariat.
ARTICLE 6: NATIONAL OFFICIALS
a) The party shall have the following National Officials. They shall be in charge as the Governing Body and referred as National Executive Committee. NEC
1. National Party Leader
2. Deputy Party Leader
4. Deputy chair/person
5. Secretary General.
6. Deputy secretary General
7. National Treasurer.
8. Deputy Treasurer
9. Mobilization Secretary
10. Deputy Mobilization Secretary
11. Organizing Secretary
12. Deputy Organizing Secretary
13. Women Leader
14. Deputy Women Leader
15. Peace and Reconciliation Secretary
16. Deputy PR Secretary
17. Youth leader
18. Deputy Youth Leader
19. Five Founder Members
20. National Executive Director. Co-opted
21. Deputy National Executive Director
a) County officials year 2012 and until 2013 General elections shall remain interim appointed by the NEC to fill vacant Party posts.
b) At least where possible one half of the Officials shall be held by women. And not more than two thirds of either gender.
c) NEC officials may attend official and properly constituted meeting(s) organized by a County Branch as an official assigned by NEC to oversee the meeting.
d) National officials intending to participate in General elections shall cease to be party officials 4 months before elections and shall not be party officials ones elected in a public office such as president, Governor, Senator, ward representative or Minister. The same applies to Branch officials down to wards.
e) As National or County election candidates the officials shall not be part of party elections nomination committee to ensure fairness in nominations.
f) For internal democracy of the party to be seen to work the party officials inclusive of party leader and all NEC members are also subject to General or National elections nominations as shall be to all the rest of the membership seeking political offices National or County.
g) The vacated posts remain under interim officials until such a time the party fills the vacated seats. The vacating officials shall have equal rights to nominations of the vacated positions once free from public posts.
h) Party officials have no veto powers over other officials or party members. Internal democracy in accordance with this constitution must prevail at all times. Justice must be seen to have been done at all times.
i) Like all other party members, officials shall lead by example to respect this constitution and its codes, rules and regulations. They are subject to the party code of conduct.
ARTICLE 7: DUTIES OF THE NEC OFFICIALS
Party Leader. PL
1) The Party leader shall provide leadership and informed guidance to the membership.
2) The leader is not a NEC member. He or she is invited to take part whenever necessary to take part when party policies are formulated. The leader in liaison with the relevant Party organs shall be led by this constitution and be a uniting factor.
3) The leader informs the NEC of his absence from official duties through the Secretary General (SG).
4) Other National Party officials opting to be absent for private reason informs the NEC and indicate as to when they would resume duty.
5) In the absence of the leader and his vice NEC appoints an interim Leader in consultation with the SG.
6) The Party Leader leads by example and commitment to the foundations of the party by promoting peace and stability among party membership regardless of tribe or social status of the membership.
7) The Leader seeks cooperation of like-minded parties to work with the party for the betterment of the party’s political power interest.
8) The leader shall lead NEC to seek funds to assist the party in running of day to day matters.
Deputy Party Leader DPL
Assists the Party Leader and acts in his absence in liaison with NEC
The Chairman/person and the Deputy Chair
The chairman/person shall assist the Party in all official duties pertaining to that office. Same description as the Leader applies. The Chairman/person and the Vice chair works with NEC and consults with SG on matters of policy.
Secretary General (SG)
(a) The secretary General (SG) shall oversee and be informed of all party’s day to day running of the party’s affairs. The SG is the Party accounting officer in all matters internal and external.
(b) The SG shall cause to be observed and acted upon all policies.
(c) The SG where he or her is not the subject of hearing shall chair the party disciplinary committee appointed by the NEC.
(d) SG will see to the observance of discipline of members and officials as stipulated in this constitution.
(e) All Party chairmen/persons in County Branches reports to the SG on matters of day to day party management, policies and discipline of their memberships
(f) The county Branches makes written reports and forwards the same to the Party secretariat for action.
(g) The SG through the National Executive Officer and the National Treasurer shall be in charge of all staff, department Directors, ad hoc committees, standing committees and commissions.
(h) The organs or bodies which relate to the party management shall coordinate with the Secretariat from time to time. The SG manages the secretariat.
(i) Secretary General shall at all times be guided by party policies and any intentions for the good and survival of the Party shall be under the office of the SG.
(j) The secretary General shall ensure that meetings of the National Executive Committee NEC, the National Governing Council takes place as provided for in the constitution and at such other times as may be decided by the National Executive Committee NEC.
(k) The SG shall keep or make to be kept all legal and official Party documents.
(l) The SG shall make or cause to be made all party correspondents and documents. All Party agreements within and without must be witnessed and sanctioned by the SG. Any document from the Party binding the Party to an agreement or action for the good of the Party shall be sanctioned by the SG. Any changes of Party documents, flag, name or initials shall be sanctioned by the SG with assistance from 2 NEC members inclusive.
(m) The SG shall be one of the party signatories to party Bank accounts as is the Treasurer.
(n) The SG shall append his or her signature on legal party documents binding the party to any authority and on all Party candidates nominated by the Party to contest in General elections.
(o) And also be party to the listing of the party’s candidates list to IEBC.
(p) On behalf of NEC the SG shall be the official contact with government bodies and all other local, regional and international Political parties and organizations linked or cooperating with the party. And informs the NEC on the same. And when necessary seek guidance from NEC before committing the party to any legal matters, alliances and coalitions.
(q) The SG ensures all business assigned to him or her by the NEC are carried out on time and as prescribed by the NEC or this constitution.
(r) The SG shall cause to be kept proper records of membership lists, minutes of all meetings of the National Executive Committee, the National Governing Council and ensure the distribution of such minutes to persons or bodies concerned. The SG shall be the official spokesperson of NEC and other party organs of the party only when need arises.
(s) The SG ensures that any party statement to the press is issued to the media in writing and any other official or member issuing statements committing the party to any issues not emanating from the NEC shall be deemed as contravention of party regulations and the party cannot be party to the outcome of such statements. The issuing person takes full responsibility as a person detached from the party press policy. The party takes no liability from such statements or comments.
The Deputy SG
Works under the SG and acts as SG in the absence of SG. On matters of policy the Deputy SG consults with the NEC in the absence of the SG. In the absence of both officials the National treasurer becomes the acting SG until they resume office or until the posts are filled.
Mobilization Secretary MS
i. The M Secretary- MS shall together with NEC lead the party in party recruitment functions.
ii. The MS secretary shall assist NEC in Governing Council meetings and mobilization meetings and rallies country wide.
iii. MS shall work closely with the SG and the secretariat head the Executive Officer.
Deputy MS. DMS
The Deputy MS works under the MS and acts in the absence of MS.
The Treasurer TSR
1. The treasurer shall be in charge of the party’s Financial affairs and responsible for the National Secretariat’s financial transactions.
2. The treasurer shall prepare or cause the preparation of and submit to the National Executive Committee and the national Governing Council, financial statements every 9 months of the year, or on a special request by NEC
3. The TSR shall ensure that duly audited Annual statement of Accounts is handed to the SG and NEC as stipulated.
4. The treasurer also works closely with the secretariat and the party financial officer who is the party accountant under the secretariat.
5. The TSR shall be a signatory to the party Bank accounts and in most of party financial transactions at the secretariat.
6. The treasurer as a tradition of the party shall be a party signatory to certificates given to party candidates for nominations. And also to the political parties code of conduct.
Deputy TRS. DTRS
Same requirement applies as that of TRS. ATRS acts in the absence of TRS.
Women leader. WL
1. The Women leader shall be responsible of all matters concerning women and Children.
2. She shall attend all NEC and all other Top organs of the Party.
3. She will liaise with all Women and Children leaders in the County Branches and ensure their interests are taken care of by the Party.
4. WL will head the National Women Congress.
Deputy WL. DWL
DWL acts in the absence of WL
Youth Leader. YL
1. The Youth Leader shall be the representative of the group in the NEC.
2. The YL shall see to it that the groups’ interests are taken care of by the Party.
Deputy YL. DYL
D YL acts in the absence of YL
Organizing Secretary and the deputy
The two shall be organizing for National party functions in consultation with the Secretariat and the SG office.
Resettlement Secretary and the deputy
The two shall be organizing consultation for the in the matter of resettlement and assistance and in consultation with the Secretariat and the SG office.
Peace and Reconciliation Secretary
The PRS and the Deputy work closely with the membership for peace enhancement. Works NEC
National Executive Director NED
The NED on becoming NED shall be required by the party to stay away from vying for any elective office in any General elections for a period of 6 years. The Asst NED shall observe same requirement to enable them concentrate in building the party.
i. The official is a senior Party Staff hired by the party through NEC to run the Party Secretariat in liaison with the SG. The Director is an x official of NEC.
ii. The officer’s duties are defined by the SG office and receives instructions from the SG only.
iii. The officer shall be located permanent at the Secretariat of which he is in charge.
iv. Under the NED are all of senior and junior paid staff at the Secretariat and Head Office of the party on behalf of the SG and NEC.
v. He authorizes salaries and other payments on behalf of the party in consultation with the Treasurer and the SG or the NEC.
vi. The NED shall be in charge of the entire paid staff and projects of the party in liaison with the SG, TSR and or with NEC.
ARTICLE 8: THE MAIN OPERATIONAL ORGANS OF THE PARTY
The main operational part of the Party shall be:-
The National Executive Committee NEC
The National Governing Council (NGC)
Specialized Committees and commissions (SC)
The County Branch and sub branch committees
And any other organ of the party to be created by NEC or NGC.
THE NATIONAL EXECUTIVE COMMITTEE
There shall be a National Executive Committee (NEC) whose membership shall consist of:
(i) All the National Officials of the Party.
(ii) And the founder members
a) Members of the Committee shall consist of the current National Party officials 2012. Their mandate shall include the mandate to organize and run party affairs as stipulated in this constitution.
b) They form the highest body making decisions related to party affairs. They seat at Party Head office in Nairobi within the secretariat. Tthey are governing body and also members of NGC.
c) They meet as often as need be to address party matters arising from Counties or otherwise. They must meet at least 4 times in an year. The Committee lasts for 5 years as does the NGC
d) They organize Branches for elections and nominations. NEC shall constitute party election committee from among its membership in the NEC.
e) The NEC members are the National Nomination Committee and issues certificates to Nominated candidates signed by 2 officials in office at the time and the SG signature must be appended on the Nomination Letters and Certificates. SG shall be one of the party signatories for Nominations.
f) The NEC issues membership cards to the members in Branches through the Branch Committees or Party agents.
g) The NEC constitutes National dispute resolution committee from among the party membership. NEC appoints party’s 3 arbitrators form among members of NEC.
h) The NEC decides on expulsions of errant members from the party and ensures its decisions are carried out in accordance with this constitution.
i) The NEC makes sure member’s rights are respected and election rules of the party followed.
j) The current members of NEC year 2012 up to after year 2013 elections has the right to amend these rules of nominations and party election rules to reflect the rights of members and to reflect the rights reflected in the election act 2011.
k) NEC has the right to open Branches in Counties all over the country to comply with political parties act 2011.
l) The year 2012 NEC has the right to appoint interim County committees until such a time that the party shall hold normal elections.
m) The NEC has the right to form any other necessary committees to run party matters and to oversee its interest.
n) NEC has the right to form alliances, coalitions and partnerships with other political parties as stipulated in the political parties act 2011 for purposes of forming or sharing government positions or for election purposes.
Apart from the above functions of NEC, the national Executive Committee shall have the following functions:-
1) To act as the Executive body of the National Governing Council and to ensure that all decisions made are duly carried out and all the policies are adhered to;
2) To supervise the administrative machinery of the Party at all levels and to take such measures as it deems necessary to enforce the decisions and programs of the Party.
3) To work in liaison with and to oversee the work of youth and women.
4) To set terms and conditions of services of the Directors and staff members employed by the Party.
5) To appoint other National committees as it deems necessary from time to time, for specified tasks and to determine their terms of reference.
6) To receive, consider, approve and implement reports and recommendations from the various specialized committees or individuals; and where not empowered by this Constitution without prior approval of the National Governing Council (NGC) to take appropriate authority for such.
7) To initiate, prepare or cause to be prepared the necessary semi-annual or annual financial budgets for approval by NGC.
8) To oversee Party Election Committee in order to ensure co-ordination of elections of Party officials at all levels and Party nominations for Presidential, Senate, County, National Assembly, ward and other public office candidates.
9) To appoint various schemes aimed at stimulating, Party activities.
10) To ensure that the agenda for, and reports to the Governing Council, are prepared and on time.
11) To recommend names for consideration for appointments..
12) To make or cause to be made Rules and / or regulations for prescribing anything which requires to be prescribed under this constitution and generally for the better carrying out of the provisions of this constitution and matters incidental thereto; and
13) The national Executive Committee may suspend or dismiss any Party office bearer for gross misconduct deemed as likely to undermine the Party’s political agenda. The said accused has an opportunity to present a defense against charges or allegations made against him or her. Meanwhile the suspension remains in force until such a hearing is made in accordance with this constitution.
14) Appoint directors, commissioners, National executive officer, heads of investigations, liaisons, diplomats, members of task forces, fundraisers and any other deemed office aimed at promoting the Party interests.
15) The National Executive Committee shall meet at least once a month or and when necessary. Members are summoned by the SG in consultation with other NEC members. Urgent sittings can be called in very short notices when need arise to address an urgent issue.
16) Quorum of the NEC meetings shall be 5 members present. Apologies by NEC members shall be taken as meaning consent and acceptance to the resolutions and decisions made in the NEC sittings.
17) A member of the NEC who absents himself/herself for 2 consecutive meetings without submitting a apology, all fails to attend a meeting that summoned the official shall forfeit his/ her position. In such a case the NEC shall have power to nominate another member of the Party to substitute for him/her while waiting the approval by subsequent to fill the position.
THE NATIONAL GOVERNING COUNCIL (NGC)
a) There shall be a National Governing Council which shall be the second highest organ of the Party.
b) The National Governing Council (NGC) shall consist of the following members:-
c) All NEC and the elected County chairmen/persons
d) To make decisions which (in the opinion of the (NEC) may need ratification in am NDC meeting.
e) The National Governing Council shall meet often during 5 years term.
a) There shall be committees in County Branch, sub county and ward
b) At least one third of the posts of the officials shall be held by either gender.
c) The Party shall have County Branches, which shall be formed, on the basis of the administrative Counties
d) Each County Branch shall have a County Branch Executive Committee which shall consist of the following members: chairman[person, Secretary general, Treasurer, women, youth affairs, people with disabilities representatives and 2 members.
e) The County Branch sub-County Branch within the County Branch shall have 9 members of a committee.
f) Apart from areas the party has not held elections due to unavoidable reasons and in place are appointed interim officials, the County Branch office bearers shall be elected at the County Branch Annual General Meeting (AGM) by secret ballot or any other acceptable method, hold office for five years and shall be eligible for re-election. The annual General Meeting shall be convened by the C BEC every year in consultation with NEC.
g) The County Branch AGM consists of: All office bearer of the County Branch Executive Committee elected or appointed. All office bearers of the sub County Branch Committee.
h) There shall be a County Branch Secretariat, headed by the County Branch Executive Office whose main functions shall be to manage the County Branch office, service of the County Branch Executive Committee and to co-ordinate the activities of the Sub-County Branches and liaise with the national Secretariat on all Party matters pertaining to the County Branch.
i) Duties of the County Branch executive committee shall include: To carry out activities objectives, and to promote the policies and program of the Party.
j) To promote political, civic and general education amongst the people of the County Branch
k) To recruit and review Party membership in the County Branch
l) To ensure strict discipline and adherence to Party Policies and programs amongst individual Party members and officials at their County Branch and the CBEC shall recommend to NEC dismissal of an errant official who is within its jurisdiction, and provided that the action taken does not contradict any other provisions of this constitution.
m) To engage in income generating activities in the County and to manage the financial affairs of the Party at the County Branch and
n) To nominate Party representative to various bodies within the County Branch where appropriate.
o) The BEC shall meet at least every 10 months.
ARTICLE 9: AUDITORS
The NEC appointed auditors shall produce and submit audited accounts made up to date, which shall not be less than 1 month before the date of the NDC.
ARTICLE 10: ORGANIZATIONS OF WOMEN, AND YOUTH CONGRESS
a) There shall be Women Congress and Youth Congresses at every level of the Party hierarchy.
c) All Women or Youth of the Party in the Sub Location/Ward unit shall form the Women Congress at the level and shall select a committee with one representative from each of the Women Groups in the Sub Location/Ward units. Branch officials shall have the representatives of these groups
e) The main purpose of the congresses shall be; to handle all issues that are particular to women or the youth to enhance and strengthen the position of the women and the youth in the Mainstream Party management and to deal with, and to address themselves to all matters that will enhance the cause of Women or Youth.
ARTICLE 11: PROCEDURES AT MEETINGS
1) A quorum for the National Governing Council, National Executive Committee, County Branch, Sub-County Branch, Location/ward Managing units and Sub Location/Ward units meetings shall be two third of the Membership thereof.
2) Resolutions, unless otherwise stated in the Constitution shall be decided by simple majority and voting shall be by show of hands or any other acceptable method.
3) In the event of an equality of votes at any meeting the person presiding shall cast the deciding vote and
4) Only members may attend Party meetings and vote. Any other person(s) may attend only on invitation as observers.
5) Any meeting which has been postponed once for lack of quorum shall be deemed to be properly constituted to conduct business at the second sitting only if the matter is of much importance to the general membership of the party or if the officials concerned fail to attend without apologies, provided that the procedures of calling such a meeting were followed.
ARTICLE 12: ELECTION RULES 2012
a) These rules may be cited as Election Rules and are made pursuant to the Constitution of CHAMA CHA MWANANCHI and are intended to apply to the elections and the governance of matter connected there within.
b) CCM elections will be held every five years unless a sit or position falls vacant before the official period ends.
c) The date and time of presentation of application forms/nomination papers shall be as NEC decides.
d) The Party Election Committee shall appoint Election Officials. For polling stations Party election committee shall, in consultation with the Branch Committee, appoint the place in the Sub-Location/ Ward, Location/Ward, Sub-Branch and Branch as the case may be established, and shall assign to each polling station a distinguishing mark and/or number and distribute the list to all sub Branches.
e) Each polling station shall be presided over by the Presiding officer.
f) The Presiding Officer shall, with the assistance of Chama Cha Mwananchi members regulate the number of electors/members to be admitted to the polling station at the same time and shall exclude all other persons except the candidates and their agents and/or persons necessarily assisting blind or incapacitated persons.
g) Each candidate may appoint in writing not more than two agents per polling station. Such appointment shall be notified to the Presiding Officer.
h) No person shall vote in a Sub-Location/Ward, Sub-Branch or Branch other than in respect of which he/she is registered as specified in the Register compiled under rule 3 of these Rules.
i) The voting shall be by secret ballot or by any other acceptable method authorized by NEC.
j) At the close of voting each polling station, the Presiding Officer shall in the presence of the candidate or their agents count the votes cast for each candidate and enter the results in Election Return Forms which shall be certified by him/her and by candidates or by their agents.
k) The Presiding Officer shall retain the copies of Election Return and submit the originals therefore to the Returning Officer, after announcing the results of the elections.
l) Any candidate aggrieved by the decision of the Returning Officer can only appeal to the county election committee within 48 hours, and if the applicant is not satisfied with the latter’s decision, he/she (the appellant) shall appeal to the NEC within 24 hours. The decision of NEC shall be final.
(i) Only Party members shall have the right to offer themselves to be nominated as a candidates. To participate in the nominations one must have been a member 3 months before taking part.
(ii) The member shall be required to pay a nomination fee set by NEC from time to time in various elections. To participate the candidate shall present party nomination forms to the returning Officer of the party.
(iii) For nominations members of the Party shall cast their votes through secret ballot or any other acceptable methods(s) recommended by NEC.
(iv) Where only one person is contesting without opposition such person shall be declared the Party Candidate.
(v) And in the case of internal party elections the sole candidate shall be declared winner by the returning officer of the party.
(vi) Internal Party’s election candidates for counties shall be nominated by the Party Members within counties.
(vii) For General elections for President Governor, senate National parliament, ward representatives, applications must be sent to the NEC elections board, chaired by the secretary General for approval.
(viii) In the above case NEC must make the final decision on who gets in the party ticket
(ix) Nomination certificates shall be issued by the party signatories whose names shall be filled with the IEBC and the Registrar of political parties.
a) National officials intending to participate in General elections shall cease to be party officials 4 months before elections.
b) The officials shall not be party officials ones elected in a public office such as president, Governor, Senator, ward representative or Minister. The same applies to Branch officials down to wards.
c) A Party member may hold a maximum only two offices within the Party hierarchy at any given time. One of the two in an acting position for a given period.
d) Any Party official shall be deemed to have resigned from his/her office upon submitting an application for an elective office within the same committee in which he/she is serving.
e) After resignation the candidate ceases to use the title held before resignation but campaigns as a former so and so official of the party
f) National officials intending to participate in General elections shall cease to be party officials 4 months before elections and shall not be party officials ones elected in a public office such as president, Governor, Senator, ward representative or Minister. The same applies to Branch officials down to wards.
g) As National or County election candidates Party officials shall not be part of party elections nomination committee to ensure fairness in nominations. .
h) An official of the party or a member shall not be qualified to be sponsored by the Party to any Public office and Party Official if:
(x) The official had in the past six, months before sponsorship or nomination, lawfully tried, by a Kenyan court of competent jurisdiction, and sentenced to a term of imprisonment exceeding six months, having exhausted the procedures of appeal provided by the law.
(xi) If a member supports any other grouping whose purpose, aims and objectives are, in the opinion of the NEC inconsistent with, or likely to be in conflict with, those of Chama Cha Mwananchi.
(xii) Violates any of the Code of Conduct tenets or the Oath of Allegiance provisions, regulations and rules as may be stated in the party constitution.
(xiii) If the official is, in the opinion of two thirds of NEC, found healthily unfit to hold a Party Office.
(xiv) A member who ceases to be a member shall not be entitled to a refund of any subscriptions.
ARTICLE 13: FINANCE
1) The source of funds of the Party shall include the following: Membership dues
Grants, supervisors, contracts, donations,contributions and legacies accepted by the National Executive Committee, or other authorized Party Officials on behalf of the Party.
2) Net income from publications and other sellable items offered for sale to the public and
3) Revenue from all forms of investments which the Party may undertake directly or indirectly.
4) The Party, through he NEC may borrow funds from any source it deems appropriate for the purpose of promoting the Party’s aims and objects and carrying our Party programs.
5) Officials of the Party, and bodies created by NEC or NDC may /shall not/ incur expenditure in excess of the funds put at their disposal without prior authority in writing from NEC
6) The financial year of the Party shall be the Calendar year;
7) The Party shall establish rules and regulations to govern the collection, keeping and disbursement of finance; and
8) The National Treasurer and the SG shall be the Party’s finance Accounting officers
9) The books of accounts and all documents relating thereto and the register of members of the Party shall be available for inspection at the registered office of the Party by members of the Party giving not less than seven days notice in writing
ARTICLE 14: PARTY RULES 2012
m) Members must at all times use the relevant CCM offices to address grievances between them and the Party. Matters not addressed by NEC cannot be taken to court or the media. Failure to honour this demand amounts to loss of membership with immediate effect.
n) Members who loss membership cannot take CCM to courts for that matter but can seek advice from Political Parties Dispute Tribunal. Meanwhile the said person remains expelled until another decision to revoke expulsion is reached by NEC.
o) CCM elections and nominations are internal matters of the party that each member promised to respect when becoming a member. Members who loose in CCM elections or nominations of candidates have to abide by the results but have the right of appeal to NEC and not in courts.
p) Expelled members and officials cannot run party offices or represent the party in any matters from the date of expulsion.
q) Expelled members cannot act for the party and whatever transactions the said person during expulsion does not affect the party in any way and the party cannot take responsibility of such.
r) Expelled members cannot run for any elective post in the party
s) Expelled members cannot use party titles previously held.
t) Members who loose in CCM elections or nominations have to abide by the results and can only first appeal to NEC and not in courts.
u) CCM members through NEC have the right to recall the nominations and memberships of elected officials if they fail to deliver the results expected of them.
ARTICLE 15: PRESS AND PUBLICATIONS
(a) The Party may own and operate a printing press and/electronic media and may have an interest in shares in any existing printing press and /or electronic media.
(b) The Party may publish its own literature, periodicals, magazines, pamphlets, books for own use, sale and/ or use by the public.
ARTICLE 16: DISSOLUTION
(a) The Party cannot be dissolved but merged, or form a coalition.
.ARTICLE 17: AMMENDMENT TO THE CONSTITUTION
(a) Apart from the exemption and liberty given to the NEC officials in office year 2011, 2012, 2013, 2016 to amend this current constitution to reflect needs of the new NATIONAL CONSTITUTION, And to comply with political parties act 2011 no change may be made in this constitution except with the approval of the National Governing Council 2013 and or with NEC.
ARTICLE 18: ARBITRATION
i. Any dispute concerning the interpretation of this constitution or any disputes involving members of the Party and its leadership or any dispute concerning any matters relating to Party affairs or the management of the Party shall be adjudicated upon through internal Party arbitration.
ii. The NEC shall provide 3 internal arbitrators from among Members of NEC. NEC can also invite any other person or persons take part in arbitration. .
iii. The decision of the Internal Arbitration shall be communicated to the NEC in writing which will make its recommendations and submit the same together with those made by the arbitrators, to the NGC for approval.
iv. The party failing to agree on party’s nonpartisan arbitrators shall call in the services of the National Dispute Resolution Tribunal. This shall be in cases where the majority members in NEC are seen to be taking sides with a group of members seen to be undermining policies and popular interest and well being of the party membership. NEC retains the right and powers to appeal to PPDT in such matters.
v. The party through NEC shall also be at liberty to enlist the services of the Registrar of Political Parties to assist in interpreting the constitutional implications of this constitution in relation to political parties act, election act and parties code of conduct.
ARTICLE 19: To Contest
CHAMA CHA MWANANCHI – OFFICE OF THE SECRETARY GENERAL
(To be completed by those seeking to contest for a post within the Party)
ID NO……………………………..of ……………….……………………….(address)
Being a Member of CHAMA CHA MWANANCHI
Membership card number……………………………………………………………….
Dated……………………………………..do hereby apply to contest the position of
The following are my Proposer Seconded by
Seconded by (Name)………………………………………………………………………
Signed by the Applicant……………………………………………
Certified by and Approved by:
TRESURER SECRETARY GENERAL
Article 20: Pledge
PLEDGE OF COMMITMENT
I……………………………………………………..ID No ……………………….
In the Republic of Kenya wishing to be nominated as a Party Candidate in the………………………………………… election do hereby solemnly swear and pledge as follows:-
1. That I shall respect, defend and safeguard the Party Constitution and pledge allegiance to the Party code of conduct rules and regulations.
2. That I shall be loyal to the Chama Cha Mwananchi.
3. That I shall abide by the Party’s motto of freedom, justice, equality and honesty.
4. That I shall support the Party Manifesto and Programs and undertake to work for their realization. I commit to support the Party financially.
5. That I will support the Rule of Law and the establishment of democratic institutions and processes within the party and the country.
6. That I shall never conduct, or participate in the torture or the political suppression of another human beings and shall fully support the repeal and abrogation of all oppressive laws.
7. That I shall always defend and respect and observance of human and democratic rights and liberties.
8. That I shall accommodate progressive criticism and observe the principles of transparency, accountability and good governance.
9. That I shall support free and fair elections within the Party and in Kenya.
10. That I shall oppose negative ethnicity.
11. That I shall oppose and never practice corruption.
12. That I shall be transparent in all my transactions with the party and never allow my personal interest to prevail upon the party membership interest.
13. That I shall always defend private interests and protect public property.
14. That I shall never practice discrimination against anyone on the basis of race, tribe, co lour, gender or religion, and
15. That I swear this pledge on the understanding that I may be disqualified or required to resign from leadership if I contravene this Pledge of Commitment, the code of Conduct for leaders or any part thereof.
In the presence of
Assigned CCM officials.
ON BEHALF OF THE NOMINATION COMMITTEE.
Article 21: Nominations
NOMINATING PARTY CANDIDATES
a) Any member may have the right to offer oneself to be nominated as a candidate. Any official participating in Party nominations to Contest seats in public offices such Governors, Senators, National Assembly, and any other public offices must resign from the positions they hold in the party. Once one seeks nominations from the party, the party takes the application as a resignation henceforth.
b) The Party cannot nominate any official to contest any of the bellow public offices unless one had resigned 4 months before elections. NEC remains the organ to issue certificates to nominees through the 2 official Party signatories who must be authorised NEC members.
c) President in respect to Presidential Elections in which case the member shall be required to pay nomination fees as shall be recommended by the Party Treasurer and NEC from time to time, and present a nomination form to the returning Officer, duly signed as election rules may require as per the National constitution 2012.
d) Members nominated to as candidates for National Parliament, National Assembly, the Senate and Governor, ward representatives in counties shall be required to pay nomination fees as shall be recommended by the Party Treasurer and NEC from time to time, and present nomination forms to the Returning Officer, duly signed as required by rules of nominations.
e) Members of the Party shall cast their votes through any acceptable methods(s) for any of the candidates to be nominated.
f) Un opposed candidates shall pay the fee prescribed and return their nomination forms as may be prescribed by the NEC.
NOMINATION AND ELECTIONS
The NEC in consultations with the EC shall appoint or declare a day for elections to be held;
a) At the Sub Location/Ward level at which all members will participate in electing the Sub Location/Ward Working Committee office bearers pursuant to the Constitution.
b) At the Sub Location/Ward level to elect committee members of the Women’s Congress pursuant to the Constitution;
c) At the Location/Ward level to elect office bearers of the Location/Ward Managing Committee pursuant to the Constitution.
Any member has a right to be nominated as a candidate for any office in the Sub Location/Ward Committee, Sub County Branch Committee and in the County Branch Committed as provided in this Constitution.
9) Any member has a right to be nominated as a candidate for any of the National Offices specified in this Constitution and shall pay nomination fee as prescribed by NEC
10) An application form shall be presented by each candidate and shall contain the following details:
i) Name of Candidate
ii) Party Membership Number
iii) National identity Card Number;
iv) Physical address;
v) Nomination fees receipt number;
vi) Names of proposer and seconder, who must be members and
vii) Be accompanied by Curriculum Vitae in respect of the Sub County Branch, County Branch and National Offices and Pledge of Commitment duly executed.
11) The date and time of presentation of application forms/nomination papers shall be as follows:
a) in respect of Sub Location/Ward election the time shall be between the hours of six (6.00 am) and ten (10.00 am) on the date day of election;
b) in respect of Location/Ward election the time shall be between eight (8.00 am) and ten (10.00 am) day of elections;
c) in respect of Sub County Branch/County Branch elections, the period shall be not less than forty eight (48) hours before polling and
d) In respect of National Offices, the period shall be not less than two (2) weeks before the polling date.
12) The Party Election Committee shall appoint Election Officials.
The Returning Officers, Presiding Officers and other Officers as: –
a) In respect of Sub Location/Ward election shall be: –
i) One Presiding Officer
ii) Two Clerks
b) In respect of Location/Ward elections shall be:-
i) One Presiding Officer
ii) Two Clerks
c) In respect of Sub County Branch elections there shall be:-
i) One Returning Officer
ii) One Presiding officer, and
iii) Two Clerks;
d) In respect of County Branch election there shall be: –
i) One Returning Officer
ii) One Presiding officer, and
iii) Two Clerks;
e) In respect of National elections there shall be: –
i) One Returning Officer and assistant and
ii) 20 Clerks
A. POLLING STATIONS
13) Each Sub-Location/Ward, Location/Ward, Sub County Branch and the County Branch shall have not less than one polling station, EC shall, in consultation with the Sub-County Branch and County Branch Committee, appoint the place in the Sub-Location/ Ward, Location/Ward, Sub-County Branch and County Branch as the case may be established, and shall assign to each polling station a distinguishing mark and/or number and distribute the list to all County Branches.
14) Each polling station shall be presided over by the Presiding officer.
15) The Presiding Officer shall, with the assistance of Chama Cha Mwananchi members regulate the number of electors/members to be admitted to the polling station at the same time and shall exclude all other persons except the candidates and their agents and/or persons necessarily assisting blind or incapacitated persons.
16) Each candidate may appoint in writing not more than two agents per polling station. Such appointment shall be notified to the Presiding Officer.
17) No person shall vote in a Sub-Location/Ward, Sub-County Branch or County Branch other than in respect of which he/she registered as specified in the Register compiled.
18) The voting shall be by secret ballot or by any other acceptable method.
19) At the close of voting each polling station, the Presiding Officer shall in the presence of the candidate or their agents count the votes cast for each candidate and enter the results in Election Return Forms which shall be certified by him/her and by candidates or by their agents. The Presiding Officer shall retain the copies of Election Return and submit the originals therefore to the Returning Officer, after announcing the results of the elections.
xx) Any member can be nominated to fill a vacant post by the party even without contest whenever the NEC deems it as a necessity. Such a nominating a ward representative of a county.
20) Any application or candidate aggrieved by the decision of the Returning Officer or the Sub County Branch Committee may appeal to the Branch committee within 48 hours, and if the applicant is not satisfied with the latter’s decision, he/she (the appellant) shall appeal to the NEC within 24 hours. The decision of NEC shall be final.
Article 22 Contesting party post
TO THE OFFICE OF THE OFFICE SECRETARY GENERAL
(To be completed by those seeking to contest for a post within the Party)
ID NO……………………………..of ……………….……………………….(address)
Being a Member of CHAMA CHA MWANANCHI
Membership card number……………………………………………………………….
Dated……………………………………..do hereby apply to contest the position of
The following are my Proposer and Seconder
Signed by the Applicant……………………………………………
*NOTE: Applicant Fees are as may be determined by the National Executive Committee from time to time
CODE OF CONDUCT
• All Party Leaders shall subscribe to the party code of conduct in their public affairs
1) This code shall not contradict the political parties code of conduct but be in line
2) All leaders in the Party Shall conduct themselves with the highest standard of personal integrity and honor and shall not involve themselves in dishonorable conduct such as:
b) Discrimination on grounds of social class, tribe, clan, place of origin, sex or religion
c) Incitement of a group of members against the Party Leadership without consultations using party relevant organs.
d) Inciting violence against Kenyan communities living in Kenyan or abroad
3) All Party leaders shall subscribe to the belief in the equality of all persons irrespective of sex, race, tribe or religion.
4) In order to ensure a clean Party leadership as indicated in the party constitution, all Party leaders shall bind themselves by signing the Pledge of Commitment bellow
1. Members shall respect, defend and safeguard the Party Constitution and pledge allegiance to the Party code of conduct rules and regulations.
2. Members shall be loyal to the Chama Cha Mwananchi.
3. Members shall abide by the Party’s motto of freedom, justice, equality and honesty.
4. Members shall support the Party Manifesto and Programs and undertake to work for their realization.
5. Members will support the Rule of Law and the establishment of democratic institutions and processes within the party and the country.
6. Members shall never conduct, or participate in the torture or the political suppression of another human beings and shall fully support the repeal and abrogation of all oppressive laws.
7. Members shall always defend and respect and observance of human and democratic rights and liberties.
8. Members shall accommodate progressive criticism and observe the principles of transparency, accountability and good governance.
9. Members shall support free and fair elections within the Party and in Kenya.
10. Members shall oppose negative ethnicity.
11. Members cannot practice corruption.
12. Members shall be transparent in all transactions with the party and never allow personal interest to prevail upon the party membership interest.
13. Members shall always respect private ownership and protect public property.
14. Members shall never practice discrimination against anyone on the basis of race, tribe, co lour, gender or religion, and
15. Members shall swear a pledge on the above on the understanding that they may be disqualified or required to resign from leadership if one contravenes this code of Conduct or any part thereof.
THIS CONSTITUTION WAS COMPILED BY
NATIONAL EXECUTIVE COMMITTEE 2012 TO COMPLY WITH POLITICAL PARTIES ACT 2011