PREAMBLE
We, the students of Moi University,
AWARE that the organization of students at Moi University was created
to serve the student community in the pursuit of academic and social
welfare, peace, prosperity, integrity and dignity;
EXERCISING our right to determine the form of leadership we deem
suitable for our organization;
CONSCIOUS of our sacred role as the foundation upon which the
promotion of morality, individual judgment, and academic achievement
depends;
APPRECIATING the existence of different campuses as the primary units
of MUSO, and that each campus is independent and autonomous;
ENCOURAGING working transitions of academic life and cultivation of a
genuine and responsible sense of leadership, noting that the
democratic values of transparency, accountability and respect for
students’ rights; and social justice, must be institutionalized in
our system of organization so as to ensure that democracy is enjoyed
by all students.
CONVINCED, that this constitution shall guarantee continued peaceful
existence of the association of students known as the MOI UNIVERSITY
STUDENTS ORGANIZATION;
RECOGNIZING the role of Moi University as an institution determined in
the development of best principles of student leadership within the
Authority of Moi University Act, the statutes of Moi University, and
the laws of the Republic of Kenya;
DO hereby ADOPT, ENACT, and GIVE to ourselves and to future
generations this constitution, as the constitution of MOI UNIVERSITY
STUDENTS ORGANIZATION (MUSO) on this……… day of ………year …20……………
COMRADES POWER!
DEFINITION OF TERMS
In this Constitution unless the context indicate otherwise,
• ‘Academic year’ means a year recognized by the Moi University senate
and as published in the annual Moi University calendar; and
• ‘University Council’ means Moi University council as constituted in
terms of the Moi University Act 1984; and
• References to the ‘University’ are references to Moi University as
established by laws of Kenya; and
• References to a ‘Student’ are references to a person validly
registered by the University or any other person who is determined by
the senate to be a student of Moi university; and
• References to a male person are references to either male or female
person, as the situation may be at the time of mention; and
• References to Dean Of Students are references to any person
recognized by the University Council and designated as the Dean of
Students of Moi University;
• References to a ‘Calendar Day’ are references to a day in the week
including weekends and public holiday; and
• S.E.C. means Students Executive Council; and
• References to ‘Office Bearer’ are reference to any person elected or
nominated to hold position of authority and responsibility as provided
in this constitution; and
• ‘Students’ Parliament’ means an assembly or forum as set out in
chapter six of this constitution.
• “Student leader” means any student of Moi University elected,
nominated, or appointed to serve on behalf of muso members for a
specified duration.
• S.I.E.C means Students Independent Electoral Commission. Unless
stated, mention of Electoral Commission shall refer to mention of
Students Independent Electoral Commission.
• ‘School Academic Board’ means the student body within a school in
charge of all academic activities in a school.
• Student Representative Council (SRC) Student leaders which include
the Student Executive Council and the parliamentarians.
CHAPTER ONE:
MOI UNIVERSITY STUDENTS ORGANIZATION:
• Name:
The MOI UNIVERSITY STUDENTS’ ORGANIZATION shall for all practical
purposes be abbreviated as MUSO, duly registered with the University
Council.
• Supremacy of the Constitution
• This constitution is the supreme law of MUSO and binds all persons
and organs of Moi university students’ organization;
• No person may claim or exercise authority on behalf of MUSO except
as authorized under this constitution;
• The validity and legality of this constitution is subject to
interpretation along other Acts, Statutes and Rules governing the
conduct of students of Moi university;
• Any law, schedule, statute or rule that contradicts this
constitution is null, subject to provisions on legality and validity,
to the extent of that inconsistency, and any commission, act or
omission in contravention of this constitution is invalid.
• Headquarters
• The Headquarters of MUSO shall be at the Students Center Plaza, in
the Main Campus of Moi University.
• The physical address of Moi University Students’ Organization shall
be that of Moi University, herein 3900-30100 ELDORET.
• Jurisdiction:
• MUSO shall take a federal system of government with each campus
based on physical geographical settings as shall be created from time
to time by the University Council.
• Principles of Intent, Aims and Objectives of MUSO:
The principles of intent, aims and objectives of MUSO shall be to-
• Establish an efficient, effective and transparent students’ government.
• Subject to provisions of Moi University Act, 1984 and other relevant
statutes, seek representation in the organs of the University;
• Ensure fair gender representation and participation in student
affairs in the university and seek to address matters of social
welfare of members equitably;
• Create an conducive environment in which the members strive for the
highest standards attainable with the means and resources at their
disposal;
• Develop positive relationships with the general public through
participation in community service and other related projects.
• Avoid all practices and tendencies that pose a threat to democracy,
stability, co-operation and well-being of any student of Moi
University;
• Actively work for the advancement of Moi University, avoiding any
action which may cause damage to university property, or public
disrepute to its staff and students;
• Pursue these aims and objectives conscious of academic, political,
social, religious, sex, ethnic and racial composition of students and
staff of Moi University.
• Organs of MUSO:
The organs of MUSO shall be:
• Students Executive Council, herein also referred to as SEC;
• Students Parliament;
• Special General Meeting, herein referred to as SGM;
• School Academic Boards, and-
• Any other organ or organs as shall be determined by the Students
Parliament or the university.
CHAPTER TWO
MEMBERSHIP
• Composition of membership:
These shall be the categories of MUSO members –
• Ordinary members
Shall be any student admitted to the university for a course leading
to the qualification of an award of a certificate, diploma, or degree
of the university and shall make payment of registration and
subscription fees as determined and contained in this constitution and
the schedule one annexed hereto.
• Affiliate members
Shall be a former student of Moi University who shall have graduated,
and expressed interest for membership by a written notification to the
President of Moi University Students Organization, and the Dean of
Students.
8) Cessation of Membership:
1) An ordinary Member of MUSO shall cease to be so only upon
completion of studies at the University or when such member ceases to
be a student at the University.
2) Any affiliate member of MUSO may terminate his/her membership in by
written notification to the President of MUSO, and the Dean of
Students.
3) Any member who ceases to be a MUSO member shall not be entitled to
any refund of subscription fee or any monetary contributions by him.
9) Rights of Members:
1) Every ordinary member will have a fair and equitable right
to access the services and facilities offered by MUSO; provided that
such access shall not be by physical force, misuse of MUSO facilities,
or any other unlawful means in breach of common rules of decorum of
which disciplinary actions will be considered.
2) Subject to the provisions of this constitution, every member, where
applicable, except those appointed to the Electoral Commission or the
Election Appeals Committee shall have the right to vie for any
position declared vacant.
• Every member shall be entitled to one vote for every contestable
post conducted as per the provisions of this constitution.
• Every member shall have the right to one free copy of this
constitution, including a copy of Braille to every virtually impaired
member.
• Every member, individually or in association with others, through
appropriate channels, shall have the right to inspect the books of
accounts of MUSO after a notice of fourteen working days written
notice to the Finance Secretary and copied to the Speaker of
Parliament and the president of MUSO.
• An ordinary member shall have the right to requisition for a vote to
be taken in the A.G.M.
10) Obligations of Members:
1) Every member shall respect MUSO (including decisions and actions
legally made by them) as established in this constitution;
2) Every member shall respect property owned by MUSO, University and
the public. Any member who with malice, cause damage to property owned
by MUSO, Moi University or the public shall be subject to the
disciplinary provisions of MUSO, and the university, and the laws of
the country, as may apply;
3) Every member shall be required to honour individual and financial
obligation to MUSO, including and in particular, pay membership fee in
the first semester, and subsequent subscriptions, as shall be
determined from time to time by MUSO, and after consultation with the
university.
CHAPTER THREE
MEETINGS
11) SPECIAL GENERAL MEETING
There shall be a special general meeting in the event of need; and-
1) Any member of parliament may at any one-time move a motion for the
convention of an S.G.M; and-
• Parliament shall give the secretary general adequate opportunity to
respond to the member’s motion on the floor of the house, after which
parliament shall cast a vote on the question; and-
• The secretary general, when the motion is carried, shall convene the
SGM within the time stipulated during debate on the floor of the
house, and, in the absence of Secretary General, the President shall
convene the SGM and, in the absence of both the Secretary General and
the President, the Speaker of Parliament shall convene the SGM.
2) Each school may host a Special General Meeting shall there arise a
consequence to do so, in such a circumstance, the S.G.M shall be
convened and presided over by the School Governor, and-
• The motion for the SGM shall be moved by a parliamentarian and
supported by at least two thirds of other parliamentarians in a
special sitting of the School Academic Board;
• The president or his representative, the Secretary General and one
other member of the of SEC shall be present in such a meeting;
• The Governor may request the Dean of the school to attend the SGM or
send a representative.
• All members of the school shall have the right to contribute and
vote on any issue raised during the meeting;
• All resolutions during the meeting shall be presented in the next
sitting of parliament by the governor of the school; and-
• All resolutions during the meeting shall be presented to the
relevant university organs and copied to the Dean of school, and the
Dean of students.
CHAPTER FOUR
LEADERSHIP AND INTEGRITY
12) RESPONSIBILITIES OF A STUDENT LEADER
(1) Authority assigned to a student leader-
• Is a public trust to be exercised in a manner that-
• Is consistent with the aims, objectives ant intents of this constitution;
• Demonstrates respect for Moi university students; their wishes and
aspirations;
• Upholds the dignity and place of Moi university as a university with
a difference; and
• Instills in the student leader the courage and determination to
serve, rather than rule MUSO.
(2) Any student, elected, nominated or appointed to any organ of MUSO,
and any authority mandated to elect, nominate, or appoint shall ensure
that such causes are performed on the basis of ;
• personal integrity, competence and suitability, or election in free
and fair elections;
• impartiality and objectivity in decision making, ensuring that
decisions are not influenced by nepotism, favoritism, other improper
motives or corrupt practices;
• honesty in the execution of public duties;
• the declaration of any personal interest that may conflict with the
execution of public duty;
• Discipline and commitment in the service to the Moi University
Students’ Organization.
13) CONDUCT OF A STUDENT LEADER
(1) A student leader shall behave, whether in public and official
life, in private life, or in association with other persons, in a
manner that avoids-
• Avoids any conflict between personal interests and public or official duties;
• Compromising the interest of students of moi university and a
personal interest; or
• Demeaning the office the student leader holds.
(2) Any student leader who contravenes the clause (1) above or
articles 14, and 15-
• Shall be subject to the applicable disciplinary action for the
relevant office; and
• May, in accordance to the disciplinary action referred to in (a) be
dismissed or otherwise removed from office.
(3) A student leader who has been dismissed or otherwise removed from
office for contravention of the provisions on conduct above is
disqualified from holding any other office or position, be it
elective, nominative or appointive for the remaining period of
academic life of such a student.
14) Financial probity of Student Leaders
(1) A gift or donation to a student leader on a public or official
occasion is a gift or donation to the students of Moi University and
shall be delivered to the Dean of Students for onward remittance to
the appropriate organ of the organization, or the university.
(2) A student leader shall not
• Keep any money, in any form, belonging to the students’ organization
in his personal account; or
• Seek or accept a personal loan or benefit, using the resources of
muso as surety, or benefit in circumstances that compromise the
integrity of the student leader, the image of the students’
organization, and the reputation of Moi University.
15) Restriction on activities of student leaders
(1) A student leader shall not hold any other position in the
duration of service to MUSO.
(2) Any elected student leader shall not hold office in any
association or organization, except if the association or organization
is professional or religious.
16) Legislation to establish Ethics and Integrity commission
The Students Parliament shall enact legislation to establish an
Independent Ethics and Integrity commission, which shall-
• Have the power to ensure compliance with, and enforcement of, the
provisions of this chapter.
• Make appropriate recommendations in so far as articles 13 (3) is
concerned, and any other section of this chapter.
17) Legislation on leadership
The students parliament shall enact legislation-
• Establishing procedures and mechanisms for effective administration
of this chapter;
• Prescribe the penalties that may be imposed in the event f
contravention of this chapter;
• Make any other provision necessary for ensuring the promotion of the
principles of leadership, the safeguard of the preamble, and the
achievement of the intents of this chapter.
CHAPTER FIVE
REPRESENTATION OF STUDENTS
MAIN CAMPUS
18) THE EXECUTIVE
Part 1 Principles of Executive Authority
(1) Executive authority derives from the students of Moi University
and shall be exercised according to this constitution.
(2) Executive authority shall be exercised in a manner that is
consistent with the aspirations of the students of Moi University and
the vision, mission and founding values of Moi University.
19) COMPOSITION OF STUDENTS EXECUTIVE COUNCIL
(1) The Students Executive Council shall be composed of the President,
Vice- President, Secretary-General and Secretaries.
(2) The Editor-in-Chief shall be an ex-officio member of the Students
Executive Council
(3) the composition of the Students Executive Council shall at all
times reflect the existence of different campuses as the basic units
of MUSO and the autonomy of each campus as provided in chapter one
section four on jurisdiction.
Part 2. President, Deputy-President and Secretary-General
Authority of the President
20 (1) The president
• Is Head of Moi university students organization
• Exercises the executive of authority of MUSO, with the assistance of
the deputy president, the secretary general and secretaries
(2) The president shall-
• Respect, uphold and safeguard this constitution;
• Promote and enhance unity and tranquility in the students organization;
• Ensure the protection of students’ rights and intellectual freedoms,
especially the illimitable freedom to explore and expose any subject
susceptible to the mind in any sphere of human knowledge;
21) Functions of the President
(1) The president shall-
• Address the opening of each newly elected students parliament;
setting the agenda of the executive council in the realization of the
organization’s values as spelt in the preamble, and the statements on
aims, intents and objectives of MUSO
• Address a special meeting of muso members in a Special General Meeting;
(2) The president shall-
• Nominate, and appoint the Director of Communications after approval
by Parliament;
• Nominate, and appoint the Chairperson of Ethics and integrity
Commission after approval of parliament;
• Appoint representative for Undergraduate International Students
nominated in a free and transparent manner by International Students
to represent their interests in MUSO.
(3) The president shall-
• Chair meetings of the students executive council;
• Represent MUSO in the University Students Disciplinary Committee,
Senate and Council;
• Be a mandatory signatory to any transaction done on behalf of Moi
university students organization;
• Be an ex-officio member of any SEC Committee established in
accordance with the provisions of this constitution provided the said
committee shall not have been established to investigate his office or
person.
(4) The president may-
• Subject to this constitution or any other university rule, or
schedule receive gifts and donations on behalf of Moi university
student organization.
• invite distinguished persons to give address to students of Moi
university, provided the university is adequately informed;
• receive student leaders from other institutions of higher learning
on behalf of MUSO;
• award an individual, student, or group of students, any gift or
commendation for meticulous services rendered to MUSO, or to society
on behalf of MUSO
• Give Commencement Address on behalf of MUSO to new students joining
Moi University, and Moi University Students’ organization on the
Orientation Day of freshmen.
• Together with the Secretary General sign any contractual agreements
with individuals and/or organizations on behalf of MUSO after the
approval of parliament; and
22) Functions of the Deputy President
(1) The Deputy President shall-
• Respect, uphold and safeguard this constitution;
• Promote and enhance unity and tranquility in the students organization;
• Ensure the protection of students’ rights and intellectual freedoms,
especially the illimitable freedom to explore and expose any subject
susceptible to the mind in any sphere of human knowledge;
(2) The Deputy President shall-
a) Be the principal assistant to the president, and, in the absence of
the president execute the functions of the president, except, in
provisions of articles 21 (2), 3(c) and 4 (d) and 4(f);
b) Be responsible over all MUSO property
c) Present any financial assistance by members and in particular deal
with matters affecting needy students; and
d) By virtue of his office, be the leader of House business Committee
in Parliament; and
e) Represent SEC in parliamentary committee on Students Welfare;
g) Perform any other duty as may be assigned by the president.
23) Secretary General
(1) The Secretary General shall
• Respect, uphold and safeguard this constitution;
• Promote and enhance unity and tranquility in the students organization;
• Ensure the protection of students’ rights and intellectual freedoms,
especially the illimitable freedom to explore and expose any subject
susceptible to the mind in any sphere of human knowledge;
Functions of the Secretary-General
(2) The Secretary General shall exercise authority and responsibility
as provided in this constitution and in particular, shall-
a) Keep in a proper manner, the true and accurate records of the
proceedings of meetings of the Students’ Executive Council and SGM;
b) Be the custodian of the MUSO Constitution and ensure that the
constitution is free from willful and malicious interference and;
c) Be an automatic member of the university Students Disciplinary
Committee, Senate, and Council;
d) Be the spokesman of MUSO;
e) Keep record of the register of all MUSO members; and
f) Be directly in charge of the Work-Study Programme, and MUSO Bursary;
g) Together with the president sign all contractual agreements with
individuals and/organizations after the approval of parliament;
h) Issue notice of meetings of the S.G.M;
i) Be a signatory to all MUSO financial transactions
j) Be responsible for foreign affairs and international linkages;
k) Perform any other duty as may be assigned by the president.
24) Part 3. Executive Council
(1) The Executive Council shall consist of the President; Deputy
President; Secretary General; Secretaries; Representative for
Undergraduate International Students, and the Diirector of
Communications.
(2) The President, Deputy President, Secretary General, Secretaries
shall be elected by students of Moi University at campus level;
(3) The Director For Communications shall be appointed as contained in
article 21 (2) (a).
25) Secretaries
The Executive Council shall be composed of the following secretaries;
1. Secretary for Finance;
2. Secretary for Security and Accommodation;
3. Secretary for Health, Sanitation and Catering;
4. Secretary for Games and Sports;
5. Organizing Secretary;
6. Academic secretary;
7. Representative for Undergraduate International Students;
8. Director of communication;
26) Secretary for Finance
(1) There is hereby created the office of the Secretary for Finance;
(2) The secretary for finance shall exercise such authority and have
responsibility as provided in this constitution and in particular,
shall-
a) Keep in a proper business-like manner true, accurate and up to date
records of every financial transaction of MUSO;
b) Ensure that all payments and expenditure of MUSO is duly authorized; and
c) Be a mandatory signatory to all financial transactions of MUSO; and
d) Prepare and present semester budget speech at a special sitting of
parliament convened specifically for that purpose; and
e) Present to the auditor-general all books of accounts and any other
transactions to be audited and presented to parliament at appropriate
time before vacation of office.
g) Ensure the allocation of bursary to needy students is done
properly, and in a manner that ensures beneficiaries are worth the
allocations.
g) Perform any other duty as may be assigned from time to time by the president.
27) Secretary for Security & Accommodation
• There is hereby created the office of the Secretary for Security and
Accommodation.
• The secretary for security and accommodation shall exercise such
authority and responsibility as provided for in this constitution, and
in particular, shall,
• Work in close liaison with hall congressmen and help identify and
provide appropriate solutions to students’ issues in the area of
accommodation.
• Ensure provision of essentials in halls of residence;
• Ensure students are well secured in their areas of residence and
that university properties in use by students are well protected, and
properly maintained;
• Provide up to date information to students parliament on the state
of accommodation and security of students in residential areas;
• Together with the secretary for health, sanitation and catering
ensure the halls of residence, and facilities therein are clean and
safe for students’ use.
• Develop a security strategy, with the involvement of the office of
the university Chief Security Officer, to ensure protection of
students during their stay in the university.
• Be a member of students parliamentary committee on Accommodation and
Security; and-
• Perform such other duty as may be assigned by the president.
28. Secretary for Health, Sanitation and Catering
• There is hereby created the office of the secretary for Health,
Sanitation and Catering.
• Subject to this constitution and unless stated otherwise, the duties
of the secretary for health, sanitation and catering shall be;
• Ensure the provision of efficient medical services to students by
the university department of health services;
• Initiate activities aimed at creating awareness on issues related to
health and sanitation;
• Ensure the provision of catering services, and the facilities in
university messes are safe for students consumption and use;
• Recommend, from time to time, introduction, and, improvements needed
in the delivery of better medical services by the university health
department;
• Facilitate quick responses to emergency medical cases whenever such
a situation arises;
• Be a member of the parliamentary committee on Health and Catering; and-
• Perform any other duty as may be assigned by the president.
29. Secretary for Games and Sports
(1)There is hereby created the office of the secretary for Games and Sports;
(2)Subject to this constitution and unless stated otherwise, the
duties of the secretary for Games and Sports shall be;
• Draw and develop a comprehensive sports calendar in liaison with
captains of various teams in the university;
• Recommend, and facilitate the creation and improvement of various
recreational facilities needed by students;
• Ensure the protection and maintenance of games and sports’equipments
used by students;
• Facilitate the participation of the university in competitive sports
and games events by other higher education institution in the country
and outside;
• Ensure students representing the university in games and sports
activities both within the university and outside are adequately taken
care of, and all relevant facilities and equipments availed for the
use by such students; and-
• Perform any other duty as may be assigned by the president.
30. Organizing Secretary
• There is hereby created the office of the Organizing Secretary;
• Subject to this constitution and unless stated otherwise, the duties
of the Organizing Secretary shall ;
a) Co-ordinate the activities of the Students Executive Council with
other organs of MUSO;
b) Organize for all entertainment events on behalf of MUSO;
c) Assist and facilitate the orientation of new members; and
d) Be in charge of all MUSO ceremonies organized by Students’
Executive Council, the Students Parliament and the S.G.M; or joint
events and ceremonies organized by the university where MUSO is a
participant;
e) Avail, or cause to be availed, in liaison with the Clerk of
Parliament, necessary information and facilities, needed for use by
the Students Parliament;
f) Be a member of the Parliamentary Committee on Recreation and Events;
g) Perform any other duty as may be assigned to him from time to time
by the representative council.
31.The Academic Secretary
1) There shall be an Academic Secretary of the Moi University Students’
Association.
2) The Academic Secretary shall have authority and responsibility as
provided in this
Constitution and in particular shall—
a) Address issues arising directly from the academic interests of the members;
b) Enhance the provision of high quality academic facilities,
resources, and services
for world-class academic programmes at the University;
c) Represent MUSO at meetings of the Senate, the Senate Executive, The
Students Academics board;
d) Communicate only with members and the line departments concerning matters
related to his/her committee in a manner to be determined by the Executive
Council;
e) Promote awareness among the members regarding student-related policies,
procedures, and regulations of the University;
• Liaise with school parliamentarians, and members of school Academic
boards on academic matters.
• ) Represent academic issues of each school, after consultation with
School chairpersons to the university senate; or other relevant
offices.
32. Representative for Undergraduate International Students.
• There is hereby created the office of the Representative for
Undergraduate International Students;
• Subject to this constitution and unless stated otherwise, the
Representative for Undergraduate International Students shall;
• Ensure the welfare of undergraduate international students is taken care of;
• Promote and maintain cordial understanding between international
students and Kenyan students;
• Ensure new international students admitted in the university find
essential assistance from any relevant department of the university;
• Promote, among international students, awareness on the functions
and benefits of being part of the students’ organization at Moi
University.
• Represent, together with the president, Undergraduate International
Students in ceremonies and events organized by the university to
promote global togetherness and cross-cultural relationships;
• Be a member of the parliamentary committee on Recreation and Events;
• Perform any other function as may be assigned by the president
33) Part 4.Other Offices
Deputy Secretary General
• Unless appointed by the president on temporary basis due to vacancy
in the office of the Secretary General, the Deputy Secretary General
shall not sit in cabinet.
(2) The Deputy Secretary General shall exercise authority and
responsibility as provided in this constitution and in particular,
shall-
a) Be the principal assistant to the Secretary General, and in the
absence of the secretary general, assume, and perform the functions of
the Secretary General;
b) Be an automatic member of the House Business Committee in Parliament;
c) Issue policy statements in parliament in the absence of the
Secretary General on behalf of Executive Council;
e) Perform any other duty as may be assigned by the Secretary General
and the President;
f) Serve as the clerk to the students’ parliament.
34) Qualification for election to the Students Executive Council:
1)a person is considered qualified to be nominated as a candidate in
the position of President, Deputy President, and Secretary General to
the Students Executive Council of MUSO if that person-
• Is an ordinary member of MUSO; and
• Is a fully paid up member of MUSO; and
• Is nominated by not less than a quarter of registered members in
each school voting in that election.
2) A person is qualified to be nominated for election as a Deputy
Secretary General, or Secretary to the Students Executive Council of
MUSO if that person-
a) Is an ordinary member of MUSO; and
b) Is fully paid up member of MUSO; and
c) Is nominated by at least 20% of registered members from the school
the candidate comes from and at least 15% of members from the rest of
schools voting in that election
3) A person is disqualified for nomination to the Executive Council if
that person;
• Is a member of the Students Independent Electoral Commission, or
the Students Elections Appeal Board; or
b) Has previously been removed from office for violation of this
constitution;
c) Has been previously convicted of a criminal offence by a competent
court of law in the public of Kenya; or
d) Has received an academic warning in the previous academic year, or
has failed to attain a minimum grade of B and above in the previous
academic year; and-
e) Has served in the students Representative council for two terms.
f) Is a candidate for election to the Students Parliament.
2) A candidate may be disqualified for election to the Students
Executive Council if such candidate fails to attend and take part
without prior written permission from Electoral Commission in the
formal question and answer organized by the Electoral Commission.
35) Responsibility of the Executive Council:
1) The Students Executive Council shall-
• Ensure all members uphold this constitution, and that the
constitution is free from willful interference
• Unless otherwise provided in this constitution it shall be fully
responsible for the general administration of MUSO
• Initiate policies and or by-laws and carry them out after the
approval of parliament, for the proper running of MUSO and its organs
• Manage or appoint other persons to manage MUSO assets;
• Keep accurate and up to date records of MUSO;
• Appoint representatives of MUSO to University Committees (not
expressly Committees of Parliament).
2) The Students Executive Council may appoint a legal adviser, when
necessary, who shall advise the organization on legal maters including
legal representation of the members whenever the rights and privileges
are violated within or outside the university subject to the approval
of parliament.
36) Meetings of Student Executive Council:
1) The Executive Council shall meet at least 4 times each semester.
2) Every meeting of the Executive Council shall be convened by the
Secretary General in a manner resolved by the said council in its
first meeting following inauguration to office.
3) The quorum for commencement and conduct of a meeting of the
Executive Council shall be two thirds of all its members.
4) The meetings shall be presided by the president, in the absence of
the president, the deputy president, or in the absence of both, any
other member shall by consensus, be nominated by members present at
the meeting.
37) Decisions in the Executive Council:
1) Any question proposed in a meeting of the Executive Council shall
be determined by a majority of votes of the members present and
voting;
2) On any question proposed for decision, the person presiding over
the meeting shall-
a) If the president, have a casting vote but not an original vote; or
b) If not the president, have both the original and a casting vote
38) Liability of the Students Executive Council:
(1) Members of the Executive Council may be held jointly and/or
severally liable for negligence and mismanagement of the affairs of
MUSO;
(2) Any member, who singly, and without due regard to the provisions
of this constitution, and other Moi university rules and statutes,
brings the students organization into public disrepute, or causes
financial loss for the students organization due to an act, omission
or commission, shall be held individually liable for such misdeeds,
provided that the students organization, and the university proves
beyond reasonable doubt that such individual is culpable and
responsible for the said misdeed.
(3) Any member who, at the time of election, nomination or appointment
into any office of MUSO knew, and with intention avoided to indicate
any conflict of interest that may arise, and thus may hamper the
performance of duties in his official capacity, shall be held liable,
and be subject to appropriate disciplinary measures as shall be
necessary by MUSO, or the university.
39) Vacation of Office:
1) A member of the S.E.C shall vacate office-
a) If such office bearer has ceased to be a student in the university
or such a member has completed studies at the university; or
b) When a new office bearer is elected and inaugurated in accordance
with the provisions of this constitution; or
c) If such office bearer is convicted of a criminal offence by a court
of law, hence is unable to execute the functions of his office; or
d) If such a person, by reason of infirmity of mind or body, is unable
to execute the functions of his office; or
e) If such a member, by force of disciplinary measures in this
constitution is dismissed from his office by relevant organs of MUSO;
or
g) If such office bearers resigns, and personally hand in a letter of
resignation to the Speaker of Parliament, the President and the Dean
of students, giving a seven working days’ notice and reason(s) for
resignation;
h) Members of parliament shall discuss and approve such resignation
and thus the speaker of parliament shall, in a written submission to
the Dean of Students, relieve the member of his official duties.
40) Impeachment of an Office Bearer:
1) Any motion proposing a vote of no confidence in a member of the
Students Representative Council shall originate from any
parliamentarian;
3) A motion of no confidence in a member of the Student Representative
Council shall be moved for –
a) Blatant violation of provisions of this constitution; or
b) Gross personal misconduct
c) Persistent inability to execute the duties of his office as
provided in this constitution
d) Cause of Financial loss or mismanagement of MUSO investments
and other funds.
CHAPTER SIX
STUDENTS PARLIAMENT
MAIN CAMPUS
Establishment of Parliament:
41. 1) There is established a Student Parliament of Moi university
Students Organization.
2) The legislative power of MUSO, to the extent of operation of this
constitution, shall vest in the students’ Parliament, which shall
operate according to the provision of this constitution.
3) The Students’ Parliament shall, subject to the provision of this
constitution be the supreme policy making organ of MUSO.
Composition of Parliament:
42. Subject to this constitution, parliament shall consist of: The
Students’ Executive Council, elected members, nominated members, and
ex officio members.
Elected members of Parliament:
43. 1) Each residential constituency as determined and contained in
SCHEDULE THREE annexed herein shall be represented in parliament by a
member(s) shown as Hall Parliamentarian elected by or from the
registered members of the constituency at the time of elections.
2) Each school within main campus as determined and contained in
SCHEDULE THREE annexed herein headed by a Dean shall be represented in
parliament by at least three members, except the school of Engineering
which shall have four members; and, the representatives shall be
according to each undergraduate academic level, or year.
3) Ordinary non-resident MUSO members, and resident members living
outside the halls of residence or the quarters, shall elect two
members to represent them in parliament to be known as Non-Resident
Parliamentarians such that one of the representatives shall be a male
and the other shall be a female.
4) The elective members of parliament shall be elected annually by
MUSO members from their respective constituencies unless stated
contrary in this constitution to serve for not more than two terms of
two academic years in any academic cycle.
Nominated Members of Parliament:
44.
1) Special interest groups, in this case the physically impaired
shall nominate one member to represent them in parliament to be known
as Special Interest Parliamentarian provided that such interest group
is registered by the office of the Dean of Students. Such nomination
shall be facilitated by the office of the Dean of Students.
2) The persons to be nominated shall be persons who if the had not
been nominated for parliamentary elections would qualify to be elected
as members of parliament.
3) The names of the nominees in (1) above shall be forwarded to the
Clerk of Parliament through the Electoral commission.
4) The body authorized to nominate members to parliament shall
forward the names of the nominated members to the Electoral Commission
Chairman within the time provided for elections for publication.
5) All MUSO members are recognized as belonging to certain general
constituencies. Members of parliament shall be elected from
constituencies, to represent the interests of that constituency in
parliament.
Qualifications for Election to Parliament:
45. A person shall be qualified to be elected to parliament if, at the
date of nomination for election such person
1) Is a registered student of Moi University; and
2) Is a fully paid up member of MUSO; and
3) Is a registered in the parliamentary constituency the members
seeks to represent and
4) Is nominated by at least 20% of the members within the respective
constituency
Disqualification from Election to Parliament:
46. A person shall be disqualified to be elected to parliament if, at
the date of nomination for election such a member:-
1) is under suspension from MUSO or university;
2) Has received an academic warning, or discontinued in any of the
last`` 2 semesters preceding the election;
3) Has previously been convicted of a criminal offense by a competent
court of law in the Republic of Kenya;
4) Is already duly elected or nominated as a representative to
parliament for the same term of office;
5) Is unable by reason of physical or mental infirmity to exercise
the functions of a member of parliament.
Dean of Students as a Member of Parliament:
47. 1) The Dean of Students shall be an ex-officio member of the
students’ parliament but shall not be entitled to vote on any question
before the parliament.
2) Dean of students as an ex officio member of parliament shall have
the responsibilities as defined in this constitution and in particular
shall-
• Conduct and direct the election of the Speaker and Deputy Speaker; and
• Preside over the swearing in of parliamentarians in the presence of
the Students Legal Advisor.
• From time to time address members on matters pertaining to
university policies, and on developments elsewhere in the country that
may be of significance to students of Moi University.
• The person who sits in parliament as the Dean of Students shall be
such person as shall be appointed by the university as the dean of
students of Moi University.
Recall and vacancies in parliament:
48. 1) At any one time Members of Parliament may move a vote to
recall the representatives to parliament, which shall be passed
through a resolution supported by not less than two thirds of the
registered members of the said area at the time.
2) The office of a Member of Parliament shall fall vacant if-
a) The Member of Parliament resigns, in writing, to the speaker; and
b) The Member of Parliament is recalled in accordance with subsection
(1) here above; and
c) The Members of Parliament is convicted of criminal offence by a
competent court of law in the Republic of Kenya; or
d) By reason of infirmity of mind or body, such member is unable to
execute the functions of the office; or
e) The member is absent without the speaker’s written permission for
two consecutive sittings of parliament; or
f) Parliament is dissolved in accordance to the provisions of this
constitution; or
g) Circumstances that would have disqualified that member from election arise.
Functions of Parliament:
49. 1) Parliament shall exercise authority and have responsibility as
provided in this constitution and in particular shall-
a) Be a legislative organ of MUSO; and
b) Debate and approve MUSO policies, proposals and decisions as table
by the Students Representative Council or relevant Parliamentary
Committees; and
c) Monitor the implementation of its resolutions, by the
representative Council; and
d) Through its committees institute a probe into any suspected
breeches of the MUSO constitution, by-laws or policies; and
e) Elect its own speaker and deputy speaker in its first meeting
after inauguration into the House; and
f) Debate, approve, and adopt budgetary proposals and
g) Provide direction on any emergency maters affecting the students
body after receiving due report from the R.C. and;
h) Approve the list of members appointed to its committees by the
house of business committee; and
i) Seek audience through summoning, any member of the university
administration to explain any issue of importance to the student body,
before it or any of its committees; and;
k) discuss the contents of the green book which guides the disciple of
students and propose possible amendments.
j) Subject to section 40 of this constitution, have powers to impeach
and pass a vote of no confidence in any member.
2) Parliament shall hear and discuss the state of each MUSO chapter
as presented by the chairman in its first sitting each semester;
3) Parliament shall not, by rule, vest executive authority in itself.
Inauguration of Parliament:
50. The inauguration of newly elected members of parliament shall
take place at the same ceremony to inaugurate newly elected members of
the executive provided that such a ceremony shall take pace on or
before the thirteenth day after the general elections, but not later
than two days after such elections, but not later than two weeks after
such elections. However members of parliament shall be inaugurated
jointly as a group.
Regulations and Procedures in Parliament:
51. 1) Parliament shall, subject to this constitution;
• Make rules to regulate its own procedure of parliament including in
particular rules for the orderly conduct of proceedings; and
• Subject to any rule paragraph (a) above, regulate the procedure of
any of its committees.
2) Subject to this constitution parliament shall act notwithstanding a
vacancy in it membership (including vacancy not filled when parliament
first meet after a general election), and the presence or
participation of a person not entitled to be present at or to
participate in the proceedings of parliament, shall not invalidate
those proceedings.
3) Without prejudice to the powers conferred by paragraph (1) a) and
b) above, parliament may for the purpose of orderly and effective
discharge of its business, provided for the powers, privileges and
immunities of the assembly and its committees and members.
Summoning of Parliament:
52. Subject to this constitution the first sitting of parliament shall
be held at such a place as the Students’ Representative Council may
determine from time within each school or college. Thereafter, the
secretary in consultation with the speaker of parliament shall convene
the subsequent meetings.
Dissolution of Parliament:
53. Parliament shall stand dissolved on the date of the return of
nomination papers for the next general elections as determined by the
electoral commission.
Meetings of Parliament:
54. 1) The parliament shall meet at least once in every two weeks
within semester.
• There shall preside at any sitting of parliament
• The speaker; or
• In the absence of the speaker, the deputy speaker; or
• In the absence of the speaker or the deputy speaker, any other
member of parliament (not being a member of the S.R.C or ex officio
member) as the assembly may elect for that purpose.
• No business shall be transacted in parliament (other than the
election of the speaker) at any one time when the office of the
speaker or parliament secretary is vacant, but this subsection shall
not prevent the transaction of business by a committee parliament.
• A two day notice shall be given before any parliament meetings are
convened, but in case of an emergency a six-hour notice shall be given
before parliament re-convenes.
Quorum of Parliament:
55. 1) The Quorum for commencement and conduct of business in
parliament shall be simple majority of 50% +1 of all its members; if a
quorum is not present twenty minutes after the scheduled time of their
meeting, the speaker shall postpone that meeting and reconvene it
within 7 days of such postponement, and if again, on the rescheduled
meeting, a quorum is not present, the speaker shall commence and
conduct the business of the meeting and the resolution made shall be
binding to all members.
2) Any member of Parliament, who misses two parliamentary meetings
without prior permission from the speaker, shall be deemed to have
resigned from parliament and any other office held by such member, and
the speaker shall declare the position vacant.
3) A member of parliament shall be deemed to have missed a
parliamentary meeting if, at any one meeting, such a member was absent
for more than half the duration of the meeting.
Prorogation of Parliament:
56. A motion to prorogue Parliament shall be moved in parliament by
the leader of S.R.C. business in parliament and must be supported by
two thirds of all its members to take effect.
Speaker of Parliament:
57. 1) There shall be a Speaker of Parliament elected by the assembly
in accordance with standing order from among persons who are members
of the assembly or are qualified to be elected at such members, the
members of the executive or ex-officio members.
2) The office of the speaker shall become vacant –
a) When parliament first meeting after the dissolution of parliament; or
b) If parliament so resolve by resolutions supported by votes of not
less than 2/3 of all is member excluding ex-official; or
c) By resignation in writing to parliament; or
d) If speaker ceases to be a members of parliament; or
e) If circumstances arise that if he were not speaker would
disqualify him to be elected as such.
3) The speaker shall have authority and responsibilities as provided
in the constitution and in particular shall-
a) Preside over parliamentary meetings;
b) Maintain order in parliament;
c) Enhance parliamentary rules;
d) Approve and allocate time for each motion for members to
constitute through the house business committee;
e) Perform any duties recommended by parliament that will enhance its
Efficiency and conducted.
4) A member of parliament elected to be speaker shall cease
representing the particular constituency and thereafter a by election
shall be called within a week of such election.
Deputy speaker:
58. 1) There shall be a Deputy Speaker of Parliament, who shall be
elected by the assembly in accordance with its standing orders, from
among persons who are members of Parliament other than the S.R.C and
ex-officio members.
2) Parliament shall elect a Deputy Speaker-
a) Subject to section 38(e0, when the first meets after dissolution; and
b) When it first meets after the office of the deputy speaker has
become vacant otherwise by reason of dissolution of parliament or in
accordance with section 46(2) of this constitution, or as soon
thereafter as may be convenient.
Clerk of Parliament:
59. 1) the Assistant Secretary General shall serve as the clerk of
the students’ parliament.
2) The authority and responsibility of Clerk of parliament shall be to-
a) Keep true, accurate and up-to-date records of the proceedings of
parliament; and
b) Receive, record and forward all motions to speaker; and
c) Co-ordinate activities of parliamentary committees; and
d) Receive committee reports; and
e) Keep a register of, and be responsible for all parliament property; and
f) Send notices of meetings to members, after consultations with speaker; and
g) To perform any other duties as the speaker of parliament may direct.
Voting in Parliament:
60. 1) Except as otherwise to provide in this constitution any
question proposed for decisions in the assembly shall be determined by
a majority vote of 65% the members present and voting.
2) On a question proposed for decisions in parliament, the person
presiding in the assembly shall-
a) If he is the speaker have a deciding but not an original vote; or
b) If not speaker, have both an original vote and deciding vote
c) The standing orders of parliament may take a provision under which
a member who votes upon a question in which he ahs a direct pecuniary
interested shall be deemed to have voted.
d) Any person who sits or votes in parliament knowingly having a
reasonable ground for knowing that he is not entitled to do so shall
be liable to a penalty of a sum of money to be prescribed by
parliament, for each day he so sits or votes, which penalty shall be
effected through the office of the Dean of Students.
Communication of Parliament Decisions to Students:
61. All resolutions of parliament shall officially be communicated to
members of MUSO through written members of other appropriate media.
Committees of Parliament:
62. 1) Parliament shall have standing committees as shall be
determined for efficient functioning of the parliament.
The decisions of a parliamentary committee shall be adopted, after
discussion of the whole house of parliament. In particular, the
student parliament shall have the following committees;
• The Finance and Investment Parliamentary Committee;
• The Sports, Games and Entertainment Parliamentary Committee to ; and
• The parliamentary committee on Disciplinary Issues and Security;
• The parliamentary committee on Academic Affairs;
• The parliamentary committee on Health, Sanitation and Accommodation;
• The House Business Committee.
2) No one Member of Parliament may be a member of more than one
standing Parliamentary Committee.
3) Membership to any parliamentary committee shall NOT exceed thirteen members;
4) Every parliamentary committee shall only be accountable to
parliament and shall at all times be required to submit its report to
parliament at least twice in every semester, whenever applicable;
5) Subject to the provisions of this constitution, parliament shall
determine the terms of reference for parliamentary committees, their
rules of procedure and the conduct of their activities.
6) No one member will have allowed to attend any parliamentary
committee meeting he is not a member, but every Member of Parliament
will have the right to preset written submissions to the relevant
parliamentary committee for consideration by that committee.
7) The President of MUSO shall not be a member of any Parliamentary Committee
8) All members of Parliamentary Committee shall be constituted by the
speaker in consultation with the House Business Committee.
CHAPTER SEVEN
FINANCE AND INVESTMENT
Sources of Finance:
63. The Finances of MUSO shall be obtained from-
a) MUSO membership and subscription fees as provided in his constitution; and
b) Revenues earned from investment; and
c) Fundraising activities and donations; and
d) Any other sources as approved by parliament
Collection of Revenue:
64. Collection of MUSO fees shall be done, for onward remission to the
MUSO bank account, in a manner prescribed by the university council
such that-
a) Membership fee (as contained in schedule two) shall be paid, once
upon registration for the first year of study at the university, and
b) Subscription fee (as contained in schedule two) shall be paid once
in the first semester of the academic year.
c) Amount of membership and subscription shall be determined by
parliament in consultation with the Dean’s Office.
Expenditure:
65. 1) All money received for the purpose of MUSO must be applied
with thrift and stewardship to provide maximum benefit to MUSO.
2) Any expenditure of funds in excess of the provisions of the budget
approved by parliament shall have to be approved by the finance and
investment committee, and thereafter reported to parliament in its
next meeting.
Signatories to MUSO Bank Account:
66. (1) MUSO may, subject to approval by the finance and investment
parliamentary committee, operate any type of bank account for
convenience and profitability, but in any event the signatories shall
be:
a) The Secretary for Finance, the Secretary General and the President
who shall be mandatory signatories; and with the approval of the dean
of students.
(2) Any withdrawal from the MUSO Bank account must contain the
signatories of the three MUSO officials in (a) above; however, shall
there arise a situation of justified emergency, any two, with written
approval of the Speaker of Parliament shall cause withdrawal.
(3) The Dean of Students must, while approving financial requests from
SEC ensure that the money being sought out was presented by the
secretary for Finance to the student Executive Council, and the
Finance and investment committee, and was discussed and approved for
withdrawal by the parliament for the said activity.
Books of Account:
67. (1) All financial transactions shall be entered into MUSO books of
account, maintained by the finance secretary, and shall be available
to the Auditor-General.
Auditing of books of account:
68. 1) The accounts of MUSO shall be audited by the University
Internal Auditor at least four weeks before the A.G.M.
2 The parliamentary committee on finance and investment, when need
arises, shall contract the services of an accredited accounting
association registered by the office of the dean of students, or a
team of certified accountants within the students body whose findings
shall be presented to the parliamentary committee on finance and
investment for onward presentation to the student parliament.
3) The audited accounts and balance sheet shall be published after
approval by parliament not later than seven calendar days before the
A.G.M.
Petty Cash:
69. 1) The MUSO finance secretary may keep such amounts for petty
disbursement as may be determined by the Executive Council and
approved by parliament.
2) The finance secretary shall account for the petty cash approved as
per the provision of subsection (1) herein, once in every month during
a semester to the finance and investment parliamentary committee, at
least four days before sitting of parliament.
3) Such amounts for petty cash shall not exceed shillings FIVE
thousand in any academic semester.
Investment and Assets of MUSO:
70. 1) parliament shall establish the MUSO Investment Management Board.
2) The MUSO Investment Management Board shall-
a) Determine how to manage MUSO investments in an innovative and
entrepreneurial manner;
b) Determine how MUSO can invest for profit; and/or
c) Direct the management of MUSO investments and assets including the
various MUSO premises.
3) The MUSO Investment Management Board shall consist of the following
an officer appointed by the Dean of Student who shall be the
chairperson, the Secretary for Finance and two other members of the
SEC, and the Finance and Investment Parliamentary Committee. The
secretary for finance shall be the secretary to the board.
4) Through the Chairperson of the Finance and Investment Committee,
the MUSO Investment Management Board shall undertake to give reports
to parliament at every sitting.
5) The MUSO Investment Management Board shall stand dissolved
following a resolution of two thirds of Parliament to dissolve it; but
may be reconstituted, subject to the approval of parliament;
6) Any increase in membership and annual subscription fee shall be
initiated by the Executive Council, discussed in parliament and
recommendations made to the university through the office of the Dean
of Students.
7) All MUSO money shall be deposited in a separate bank account from
that of schools, opened by the university and maintained for that
purposed.
8) The Executive Council shall make policy framework subject to
parliament approval to oversee the management of income generating
activities.
71) (c) Legislation to Establish Remuneration of Office Holders
The Students Executive Council, in consultation with parliament, and
the office of the Dean of Students, and the university management
shall form a Remuneration Committee to establish financial benefits to
MUSO office holders; and-
• The financial benefits determined by the committee shall take effect
such that it does not discriminate, or give undue advantage, to
incumbent office holders, and-
• The financial benefits to office holders shall be within the ability
of the organization to pay without interference with other MUSO
activities or burdening the organization.
• In any event, the financial benefits and or allowances shall be
based on sustained increase in the income of MUSO and the
profitability of its investments.
CHAPTER EIGHT
ELECTIONS
Election of MUSO officers:
72: The election of every MUSO official shall be conducted according
to the provisions of this constitution and the Electoral Commission
rules and regulations governing the conduct of elections.
Composition and establishment of the Students Independent Electoral Commission:
73. 1) The Students Independent Electoral commission shall normally be
appointed, constituted and established on the eighth week of the
second semester of the academic year to start its work; after
dissolution of parliament in its last meeting by the Dean of Students.
2) The MUSO electoral commission shall consist of-
a) The Returning Officer who shall normally be appointed by the Vice chancellor
b) The Dean of Students; who shall have the responsibility of any
administrative and financial matters of the commission;
c) The Chief security Officer;
e) The Chairman and Secretary of the electoral commission, who shall
be a students; and-
f) Such number of final year students as the Dean of Students may
recommend for proper conduct of the elections.
g) One member of staff appointed by the Dean of Students.
3) Decisions at every meeting of the commission shall be reached by consensus.
4) The Students Independent Electoral Commission Chairman shall have
powers to dismiss a member of Students Electoral Commission where
there shall be evidence of misconduct or reasonable dissatisfaction
from MUSO members. Such decisions shall be final.
5) The electoral commission in its first sitting once constituted
shall elect from among themselves a Chairman and a secretary.
6) Members of the immediate Students Executive Council or parliament
shall neither be allowed to sit in the Students Independent Electoral
Commission nor participate in any manner, in the determination of the
Electoral Commission.
Authority and Responsibilities of the Electoral Commission:
74. 1) The Electoral Commission has the authority and shall be responsible for
a) Conduct and supervision of elections; and
b) Promotion of free and fair elections; and
c) Determine and announce the dates for nomination and election; and
d) cause the preparation of voters register, ballot papers, ballot
boxes and designation of polling stations; and
2) The Electoral Commission shall publish the list of successfully
nominated candidates and the disqualified candidates, and shall post
such notices of disqualification together with such reasons visibly
and numerously in the university official notice boards.
3) At every election the Electoral Commission must ensure that the
voting procedure is simple and precise and the results are announced
by the presiding officers at all the polling stations.
4) The Electoral Commission shall oversee only elections of the
Executive Council; School Parliamentarians, Hall Parliamentarians, and
Non-Resident Parliamentarians.
5) The electoral Commission chairman, through the Dean of students,
may allow registered media organizations within campus to access
counting halls, provided such media houses had written to the
commission not later than seven days to the elections date, with the
intention of covering the elections process.
Election procedure:
75. 1) The Electoral Commission shall in the period not earlier than
the eighth week and not later than the tenth week of the second
semester-
a) Declare all positions open for contest; and
b) Announce the dates of elections; and
c) Call for nomination of candidates to the position declared open contest; and
d) Receive nomination papers from aspiring candidates; and
e) Conduct rigorous leadership tests to determine qualified candidates
for each elective position in the Students Executive Council;-
2) The Electoral Commission shall designate the ninth and tenth week
of the second semester, for campaigns, such that-
a) In the ninth week the candidates shall be allowed to organize and
conduct individual or joint campaigns; and clubs and societies within
campuses can organize informal debate sessions and invite willing
aspirants to take part; and;-
b) School organizations or associations can form debate sessions for
School parliamentarians;
b) In the tenth week every candidate for election to the Executive
Council, shall attend and take part in formal campaigns including
question and answer sessions organized, conduced and directed by the
Electoral Commission, in a manner that allows students to adequately
interrogate each candidate sufficiently.
3) Elections shall normally be held in the tenth week of the second
semester of the academic year.
4) In the event that only one candidate has been nominated for any one
electoral position, and the candidate shall be declared elected
unopposed.
5) A candidate may withdraw his candidature by notice of such
withdrawal authenticated by the said candidate.
6) Elections for the halls parliamentarians shall normally be held a
week to the elections of the S.R.C members but not later than calendar
three days to the elections of S.R.C members.
7) A candidate shall be allowed to nominate a counting agent who shall
witness the counting of the ballot papers.
8) A candidate shall be declared winner upon acquiring the highest
number of the valid votes cast.
9) The Returning Officer shall announce all election results, and the
chairman of the Electoral Commission shall post the same results
visibly and numerously in the university within twelve hours after the
results are first announced.
Spoilt Votes:
76. 1) During the counting of ballots papers:
a) A spoilt vote shall not be tallied;
b) A candidate may personally be present and at no times shall a
candidate be barred from witnessing the counting of ballot papers.
2) For purposes of this section a spoilt vote shall mean that which is
destroyed, or damaged or ambiguous or illegible and it cannot be
deciphered which candidate for whom it was cast.
3) Votes which do not fall in either of the categories in (2) above
but found in wrong ballot boxes shall be considered spoilt.
Election Offenses:
77. 1) an election offense, committed during campaigns or on the
active periods of elections day may disqualify a candidate, if the
SIEC determines that the offence falls merits the threshold of
disqualification.
2) For purpose of this section, an election offense shall include:-
a) Rigging
b) Harassment
c) Use of physical force
d) Intimidation
e) Giving false information
f) Campaigning on the polling day and
g) Any other act, or omission, which defeats the tenets of free and
fair elections.
Re-Run of Elections:
78. 1) In case of two leading contestants getting an equal number of
votes in an election, the chairman of the Electoral Commission and the
Returning Officer shall declare a re-run of elections between those
two leading contestants within five days after the election.
2) Where elections are nullified, the chairman of the Electoral
Commission shall issue notice for a re-run of election within five
days of the election.
Dissolution of the Electoral Commission:
79. 1) The Electoral Commission shall stand dissolved, if there is no
election petition against election, when new officials are inaugurated
into office.
2) In the event of a petition against an election result by any
person, the Electoral Commission shall wait to act on the resolution
reached by the elections appeals committee on the said petition before
it stands dissolved.
Election Petitions:
80. 1) There shall be a MUSO elections Appeals Committee established
by the S.R.C, three working days before the polling day; and that
committee shall be composed; one officer from the office of the Dean
of Students appointed by the Dean of students as the chairman, one
member from the University Chaplaincy, and two final year students who
shall not be eligible for election, and did not serve as commissioners
in the elections whose results are contested.
2) Written appeals must be lodged with the Returning Officer and the
Dean of Students before the expiry of twenty-four hours following the
announcement of results.
3) The MUSO Elections Appeals Committee shall exercise authority and
have responsibility as provided in this constitution and in particular
shall;
a) Review any written petition against the election results within
twenty-four hours following the announcement of such results.
b) Hear oral and written evidence on the petitions.
c) Within 2 days of receipt of such petitions, uphold or nullify the
results as it may determine and notify the electoral commission.
4) Any resolution made by the MUSO Elections Appeals Committee shall
be final binding and conclusive.
5) In the event that no appeal is received within the prescribed time
or the MUSO Election Appeals Committee has completed it work in
accordance with this section, then the committee shall stand
dissolved.
Swearing in:
81. 1) Within fourteen days and in particular the first Friday after
election results are announced, the students Electoral Commission
shall organized, oversee and preside over the handling over of office
from the outgoing members of the Executive Council who must be
physically present to the newly elected members of the Executive
Council.
2) Newly elected members to the S.E.C shall be inaugurated into
office in a ceremony held public in the Student Centre plaza by the
university legal officer in the presence of the Vice Chancellor, or
his representative.
3) As a member of parliament, the Dean of Students shall be sworn in
on this date to oversee the swearing in of members of parliament.
CHAPTER NINE
MISCELLENOUS
Discipline:
82. 1) For purpose of this constitution, discipline shall mean
compliance to the rules of proper conduct as embodied in this
constitution, and any other rules in existence, or as shall be
formulated by Moi University, including its ACT, statutes and general
rules and regulations as contained in the students Guidebook.
2) Discipline among members in the conduct of the affairs and
operations of MUSO shall be enforced by the students’ Executive
Council.
3) Any member, including a member of the Students Executive Council
or Parliament, accused of not adhering to discipline, shall be
summoned in writing to appear before the MUSO ad hoc committee within
five calendar days of receipt of the report of the accusations, in
the company of not more than two other members chosen by the accused
member; in the event such accused person fails to appear before the ad
Hoc Disciplinary Committee without any prior reasonable justification
for such failure, then the committee shall proceed, twenty one minutes
after the stated time of commencement of meeting, to subject the
absent accused person to any of the decisions they shall resolve.
4) The ad hoc Disciplinary Committee of MUSO shall be composed of the
Assistant Dean of students, who shall be the presiding chair and
convener, the Secretary General and one member of the Executive
Council, the Speaker of Parliament, the Governor of the school the
member belongs, both school and hall parliamentarians who represent
the member, and one religious parliamentarian; provided that no one of
the said members of the Executive or Parliament is the subject of the
committee.
5) Any person found guilty of violation of discipline shall,
depending on the extent of the violation, be subjected to-
a) Warning in writing;
b) Financial penalty of an amount, to be determined by the
Disciplinary Committee, in compensation for damages caused as a result
of the violation; or
c) A combination of both (a) and (b) above;
d) Referral to the university Senate Disciplinary Committee, or any
other relevant organ of the university.
6) The decisions, and resolutions of the Ad hoc disciplinary
committee is final.
By Laws:
83. 1) Subject to this constitution, the Executive Council upon
approval by parliament shall draw every by-law and policy to govern
the function of MUSO. If such by law or policy negates or is
inconsistent with the provisions of this constitution, the
constitution shall prevail, and the by law shall, to the extent of the
inconsistency be null and void.
2) Any member of the student parliament may move a motion wanting the
house to initiate a by law and, or policy provided that such by law
and or policy shall be approved by the House business committee before
being tabled on the floor of parliament.
3) Any by-law and or policy passed by parliament shall be binding to
all organs and officers of MUSO and the violation thereof shall invite
Disciplinary measures herein.
4) The seal of MUSO will not be used without the authority of the
parliament, or the Executive council, in a manner that may bring into
public odium, the image of the organization.
5) In this constitution any, male noun or pronoun, whenever used
denotes both genders.
6) The Organization or its members shall be capable of suing and be
sued, in the university organs, or in the country’s courts of law.
Sabbatical leave MUSO officials:
84. 1) Only the president, and the Secretary General may at his
discretion apply for a sabbatical leave to serve students provided
that such a decision shall receive the assent of the university
senate, parent and or guardian, the sponsor and that such member shall
not have taken a sabbatical leave before.
2) Only the President, and the Secretary-General may place a request
through the chairman of senate to the university senate for a reduced
number of course units offered in any semester to reduce the academic
work load during his term in office.
3) Such a member, however, must notify the Dean of Students in
writing, giving sufficient grounds for applying for sabbatical leave.
Amendment of this constitution:
85. 1) This constitution can only be altered by a resolution
supported by 65% or two thirds of members voting in each campus, after
the approval of at least 65% of members of parliament.
2) The changes in a particular campus, shall not bind other campuses
not party to it, however, each campus may request, depending on
factors inherent in such campuses, to adopt and domesticate,
provisions appearing in changes in other campuses, provided members of
such campuses shall, by voting provisions determined in their existing
constitution, accept to adopt and domesticate, such constitutions, in
whole or in part.
2) In this section references to the amendment of the constitution,
by law, schedule or rule are references to the alteration,
modification, suspension or repeal of any provision in this
constitution, by-law, schedule or rule.
Dissolution of MUSO:
86. 1) MUSO can only be dissolved through a referendum supported by
not less than 85% of all MUSO members in a MUSO chapter.
2) In the event that MUSO is dissolved, all assets shall be used to
pay its creditors and the remaining assets handed over to the Moi
University, through the office of the Dean of Students;
3) The university shall stop any fee payments by students towards the
organization; and-
4) Upon dissolution of MUSO this constitution shall become moribund.
Board of Trustees:
87. 1) The Board of trustees shall be composed of the Deputy Vice
Chancellor in charge of academics, the University Finance Officer, a
Legal Officer, the Dean of Students and a University Chaplain.
2) The board of Trustees shall subject to the section 78, of this
constitution –
a) Organize and evaluate the assets of MUSO upon dissolution; and
b) Pay creditors; and
c) Hand over the remaining assets of MUSO to any person, groups of
persons, registered clubs or school associations or any other manner
as they deem necessary.
Interpretation of the Constitution:
88. 1) This constitution is based on the ultimate supremacy of the
students of Moi University with regard herein and this constitution
shall be interpreted in a manner that-
a) Promotes the tenets of good governance; and
b) Permits the creative development of the students; and
c) Avoid the technicalities which defeat the purpose of this constitution; and
d) Advances the preamble statement and the principles of intent of
this constitution.
2) A person or authority interpreting this constitution may refer to
maters and or facts, which will assist in the purposive interpretation
of this constitution.
Affiliation:
89. MUSO may affiliate to any political organization within and
outside Kenya, and any such other organization, association,
professional body, union and society as shall be approved by
parliament, provided;
a) Such affiliations are ratified in a Special General Meeting called
specifically for that purpose;
a) Such affiliations do not compromise the mission, vision, objectives
and image of Moi university; and-
b) The university Council and Senate, through the Vice-chancellor,
assents to such affiliations.
TRANSITIONAL AND CONSEQUENTIAL PROVISIONS
Transitional clauses
• the office Dean of students shall carry out the constitutional
duties necessary for proper functioning of MUSO in the period between
the return of nomination papers and the inauguration of the new
Executive Council
• During the three working days following the returning officer’s
announcement of the election results, the dean of students shall
constitute and meet with the transitional committee supervising the
handing over of the instruments of office;
• The Transitional Committee shall consist of –
• Dean of students;
• The Returning officer;
• The University Chief security Officer; or his representative;
• The Chairman, SIEC;
• The Secretary, SIEC;
• The incoming president and the Secretary General;
• The outgoing president and the Secretary General;
• Two officials from the Dean of Students office.
• Three days after the formation of the transitional committee, the
Dean of Students shall write to the Vice chancellor requesting his
presence on inauguration day; and-
• Four days after the Dean’s communication with the Vice chancellor,
the Vice Chancellor, or his representative, shall officiate swearing
in of the newly elected members of the Students Representative
Council.
• The university legal officer shall commute the oaths of office, and
thereafter;
• The outgoing team shall hand over all materials of MUSO in their possession;
• The President shall make a brief inaugural address on behalf of the
incoming team;
• The Vice-chancellor shall make his induction speech;
• The Dean of students shall give the vote of thanks
Consequential Clauses
• Pursuant to Chapter Five of this constitution, all designations
herein take effect immediately after the first elections under this
constitution.
ANNEX 1
SCHEDULE 1(a)
SCHOOLS IN MAIN CAMPUS AND THE STUDENT POPULATION THEREIN AND
REPRESENTATION IN THE STUDENT GOVERNING COUNCIL OF MUSO AS AT ACADEMIC
YEAR 2011/12
SCHOOL POPULATION REPRESENTATION IN SGC
ENGINEERING 2
EDUCATION 2
ARTS AND SOCIAL SCIENCES 4
BUSINESS AND ECONOMICS 2
INFORMATION SCIENCES 1
HUMAN RESOURCE DEVELOPMENT None
BIOLOGICAL SCIENCES New
1(b)
PROPOSED SEC STRUCTURE
• PRESIDENT
• DEPUTY PRESIDENT
• SECRETARY GENERAL
• DEPUTY SECRETARY GENERAL
• ORGANIZING SECRETARY
• SECRETARY FOR FINANCE
• SECRETARY FOR SECURITY AND ACCOMMODATION
• SECRETARY FOR GAMES AND SPORTS
• SECRETARY FOR HEALTH, SANITATION AND CATERING
• SECRETARY FOR ACADEMICS
• DIRECTOR FOR COMMUNICATIONS
• REPRESENTATIVE, UNDERGRADUATE INTERNATIONAL STUDENTS
TOTAL 12
1(c) PROPOSED PARLIAMENTARIANS
CODE TYPE OF CONSTITUENCY NUMBER OF PARLIAMENTARIANS
001 SCHOOL OF ENGINEERING 4
002 SCHOOL OF INFORMATION SCIENCES 3
003 SCHOOL OF EDUCATION 3
004 SCHOOL OF ARTS AND SOCIAL SCIENCES 3
005 SCHOOL OF BUSINESS AND ECONOMICS 3
006 SCHOOL OF HUMAN RESOURCE DEVELOPMENT 3
007 SCHOOL OF BIOLOGICAL SCIENCES 3*
RU1 RUNNERS UP PRESIDENT,DEPUTY PRESIDENT, SECRETARY GENERAL. 3
SO1 UPPER SOWETO 2
SO2 LOWER SOWETO 2
HK1 HOSTEL K 1
HL1 HOSTEL L 1
HM1 HOSTEL M 1
NHR1 THE QUATERS 2
STR1 STAGE (MALE) 1
UPH1 UPPERHILL AND STAGE (FEMALE) 1
NGR NGERIA HALLS 2
FW1 HOSTEL J,E and BARRACKS (JEB) 1
HH1 HOSTEL H 1
TOTAL 40
TOTAL NUMBER OF PARLIAMENTARIANS:
52-*
1(d) * Representation of school of biological sciences shall reflect
the stage of academic level.
(e) (i) upper Soweto contains male hostels, A, B, F, and G
(ii) Lower Soweto contains male hostels C and D
(iii) The total number of parliamentarians shall be complete when and
as the school of biological sciences attains complete academic cycle.
SCHEDULE 2
COMPOSITION OF SCHOOL ACADEMIC BOARDS
• CHAIRPERSON(S)SCHOOL ASSOCIATIONS -Head
• MP-4TH YEAR
• MP-3RD YEAR
• MP-2ND YEAR
• Class Representatives
• Lecturer(s) in charge of various School Associations
• Heads of Departments-ex officio members
• Dean of School-ex officio member (patron)
• ACADEMIC SECRETARY MUSO (Secretary to the SAB)
SCHEDULE 3
SOURCES OF MUSO FUNDS
• REGISTRATION AND MEMBERSHIP FEE AS AT ACADEMIC YEAR 2011/12
YEAR REGISTRATION SUBSCRIPTION PER SEMESTER
FIRST YEAR STUDENTS 400.00 100.00
CONTINUING STUDENTS NONE 100.00
• INVESTMENTS
TUCK SHOPS
PHOTOCOPYING SPACES
CYBER CAFÉ
CHIPS CAFÉ POINTS
KINYOZI AND SALON PREMISES
BOUTIQUE
• OTHER SOURCES
• MONEY LEVIED ON ENTERTAINMENT EVENTS
• UNIVERSITY SUBSIDIES (CONTRIBUTION)
SCHEDULE 4.
IMPORTANT MUSO EVENT DAYS
FOUNDER’S DAY
A day commemorating the Establishment of Moi University.
CULTURAL WEEK
A day(s) celebrating the cultural diversity of students of Moi University.
GRADUATION DAY(S)
A day(s) when Moi university students are awarded for academic
achievement upon completion of university academic program.
SIGN………………………………… SIGN……………………………………….
COLLINS BETT, FREDRICK ODERO
CRC CHAIRPERSON CRC SPOKESPERSON
0727840099 0719838339