THE CONSTITUTION OF KANYAWEGI CHILDREN'S HOME

1. ARTICLE I: INTRODUCTION
1.1 The purpose of this constitution is to specify the key details relating to the running of Kanyawegi Children's Home situated in Otonglo, Kisumu, Kenya.

2. ARTICLE II: GENERAL
2.1 The name of the home shall be "KANYAWEGI CHILDREN'S HOME", hereinafter referred to as the "home". It is a Christian home, adopting the Evangelical Alliance statement of faith. For the children, the experience of living in the Home resembles, as far as is practical, that of a Kenyan family home.
2.2 The Home is registered in the Republic of Kenya; it is non-political and adheres to all the relevant laws of the land. Other units may be opened in Kenya as funds permit. The Home does not seek to work in competition with other homes but will, where possible, work in cooperation with others.
2.3 The day-to-day running of the Home is the responsibility of the Home Manager, with the help of his Advisory Group - and the Board oversees their work. Minutes of Board and Home Advisory Group meetings are forwarded to the UK Committee. All Board and Advisory Group positions are voluntary, except those already employed in the running of the home.

3 ARTICLE III: OBJECTIVES
3.1 To provide basic needs such as a home, food and clothing for needy orphans in Kenya.
3.2 To ensure that every child feels loved, wanted and a valued member of the Kanyawegi family.
3.3 To provide a secure setting in which every child is given the opportunity to express themselves and the opportunity to speak with a neutral party if they wish.
3.4 To emphasize the development of character and independence skills to ease the transition back into Kenyan society.
3.5 To train and educate every child to the best of their ability within the finances available.
3.6 To initiate the setting up of income generating projects to make the home less reliant upon sponsors/donors.
3.7 To maintain, promote and develop the Christian ethos of the home and encourage the children to develop a personal faith in Christ.
The Christian ethos of the Home is to be encouraged by the appointment of Christian staff (wherever possible), the inclusion of regular worship meetings in the Home, the saying of grace at meal times and the promotion of the benefits of prayer. Children are required to attend a local church and are encouraged to develop their Christian faith.

4 ARTICLE IV: THE BOARD
4.1 The Board shall have a minimum of 5 members (of which up to 2 can be involved with direct work in the home). Members must have the general provision and welfare of the orphans and the less privileged at heart. They must also accept the policies and objectives of Kanyawegi. Election to the Board is by a simple majority.
4.2 The office bearers of the home shall be:
a. Chairman
b. Secretary
c. Treasurer
d. Home Manager (Director of the home)

4.3 Election of officer bearers needs a proposer and seconder. This provision shall however not apply to 4.2 (d) above. Voting can be by a show of hands or ballot.
4.4 The Board has an overall responsibility for the running of the home; jointly passing decisions based on collective agreement or vote. In the event of a failure of the Board to come to a decision the Secretary shall advise the trustees of Kanyawegi UK within five days.
4.5 The Board should meet at least once a month with adequate notice of meetings being given to all members. A typical meeting is likely to cover the following items:
i. Progress on actions agreed at last meeting
ii. The Children - admissions, progress, leavers, welfare etc.
iii. Staffing
iv. Finances
v. Home Management
vi. Regulation
4.5 The minutes of the each meeting will be available to all members and a copy forwarded to the UK Committee within 3 days.

5. ARTICLE V: RESIGNATIONS AND EXPULSION FROM THE BOARD
5.1 Any member may resign from the Board by giving at least 30 days notice and shall cease from being a member of the Board thirty days from the date notice is received by the Board including the date such notice is received.
5.2 Any member may be expelled from the board if she/he has contravened any of the provisions of the constitution of the Home. This decision must be taken by the Board and supported by a majority of at least two thirds, provided that no member shall be so expelled unless he/she has been afforded an opportunity to be heard in her/his defence.
5.3 The Kanyawegi UK Committee must be informed within 3 days of all changes to the membership of the Board

6. ARTICLE VI: ANNUAL GENERAL MEETING (AGM)
6.1 The AGM should take place in June each year or as close as practical. The purpose is to elect officers and auditor, review the past year and to discuss any other business. All members of the Board are expected to attend. Notice in writing of such Annual General Meeting shall be given accompanied by the annual statement of accounts and the agenda for the meeting to all members not less than 21 days before the date of the meeting.
6.2 The agenda for any general meeting shall consist of but shall not be limited to, the following:
i. Confirmation of the minutes of the previous annual general meeting.
ii. Director's Report
iii. Treasurer's Report and consideration of the accounts
iv. Appointment of independent Auditors.
v. Election of office bearers
vi. Review of previous year
vii. Any other business*
*Such other matters as the Board may approve or as to which notice in writing shall
have been given by a member or members to the secretary at least 3 days before the
date of the meeting. Also, the Chairman may approve any other business.

7. ARTICLE VII: AUDITOR
7.1 An auditor shall be appointed for the following year by the annual general meeting. The entire Home's accounts, records and documents shall be opened to the inspection of the Auditor at any time.

7.2 The Treasurer shall produce an account of his/her receipts and payments and a statement of assets and liabilities made up to date which shall not be less than six weeks and not more than three months before the date of the annual general meeting.
7.3 No person being an officer of the home shall be appointed auditor.

8. ARTICLE VIII: FUNDS
8.1 Funds (donations) received by the Home must be accounted for by the Treasurer and deposited in the bank approved by the home, or if a small amount, deposited in the Home's petty cash after being entered in the ledger.
8.2 All funds are only to be used primarily for the care of the children and always in
accordance with the objectives of the Home.
8.3 The board shall appoint four members to act as the bank account signatories for the home's bank account. The board shall further state the signing instructions and power from time to time.
8.4 The bank statements shall be made available at every board meeting.

9. ARTICLE IX: DISSOLUTION
9.1 The home shall not be dissolved or wound up except by a resolution passed at a general meeting by a vote of two thirds of the members present. The quorum at the meeting shall be fifty percent of all the members. If no quorum is obtained, the proposal to dissolve or wind up shall be submitted to a further general meeting, which shall be held one month later. Notice of this meeting shall be given to all members at least 14 days before the date of the meeting. The quorum for the second meeting shall be the number of members present.
9.2 The home shall not dissolve without the prior approval in writing from the Kanyawegi UK committee, provided the relevant government department shall approve such dissolution.
9.3 Upon dissolution of the home its remaining assets with exception of the property belonging to the Kanyawegi UK committee, shall be distributed to another home or homes with similar objectives.

10. ARTICLE: KANYAWEGI UK
10.1 As the main body overseeing the work of the Home, and the main source of
income, the UK Committee have the ultimate authority over the operation and
development of Kanyawegi. Therefore, the UK Committee must be kept fully informed
of the activities of the Board and Home Advisory Group. The UK Committee must first
approve any proposed changes to the constitution before the board passes them.
The Kanyawegi UK committee will from time to time make recommendations to the
Board, which should be discussed and an answer given at the earliest opportunity.
10.2 If requested, all financial details will be made available to them.
10.3 Any Board member, staff member, or child will be permitted to contact any Kanyawegi UK member about any issue. This may be done by post, email, phone, or through a third party.
10.4 Any member of the UK Committee has the right to attend the board or advisory group meetings.

11. ARTICLE XI: POLICIES AND PROCEDURES
11.1 The objectives of this constitution are further supported by the implementation of a range of official policies and procedures, all of which have been ratified by the Kanyawegi UK Committee. At present these additional documents cover:
i. Admission and Discharge
ii. Discipline
iii. Recruitment of Staff
iv. Child Protection

11.2 Subject to the prior approval by the Kanyawegi UK committee, the board may by a special resolution pass, modify or repeal this constitution, or adopt a new constitution, provided that no such alteration, amendment or modification shall be made which impair or prejudice the effectiveness of the prohibitions contained in this constitution against distribution of income, property and assets of the home.
SIGNED: GPO ONYANGO CHAIRMAN

Kanyawegi constitution re-written July 2004 and modified May 2005

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(page updated 19 DEC 2005)