AGRICULTURAL SOCIETY OF KENYA

THE CONDUCT OF MEMBERS - DISCIPLINARY AND APPEALS PROCESS RULES

PURSUANT TO ARTICLES 37 AND 53 OF THE CONSTITUTION OF THE AGRICULTURAL SOCIETY OF KENYA

These rules derive from Article 53 of the Constitution of the Agricultural Society of Kenya.

Articles 53 of the Constitution of the Agricultural Society of Kenya states as follows:-

“The Council shall with approval of the Annual General Meeting make rules for the proper carrying out of the purposes and provisions of the constitution. Such Rules once developed, shall be circulated to all the Branches and placed in a Rule book (The Green Book) for the appreciation by the society members in the branches”.

These rules shall be known as THE CONDUCT OF MEMBERS – DISCIPLINARY AND APPEALS PROCESS RULES.

These rules incorporate any existing rules as stated and shall also be enriched/improved/revised from time to time, to reflect the ideals of the Constitution of Kenya.

1) If any member shall in the opinion of the council have been guilty of disregarding council directives or whose actions are repugnant to the well being of the Society a disciplinary action as provided for herein may be effected.

2) Before any disciplinary action is taken a member shall be notified by electronic mail, registered post or any other commonly acceptable mode of communication of the intention of the council to consider and adjudicate upon the compliant, allegation or enquiry and shall be informed the nature thereof and of the time and place at which the council will consider the same. The members shall be invited to attend in person before the council at the appointed time and place and give any evidence, information, defence for purposes of the process

3) The council shall by resolution make its findings concerning the member against who a complaint has been made subject to the appeals hearing process an enquiry carried out or investigated and subject to the appeals process hearing the decision of the council shall be final.

The Council has delegated the disciplinary process of the Society to its National Staff and Finance Committee and the Executive Committee and which decision shall be placed before the next Council Meeting for ratification.

TABULATION OF CATERGORIES OF BREACH OF PROTOCAL, CONDUCT OF THE SOCIETY

Categories of breach of Protocol, behavior repugnant to the ideals of the society, breach of conduct of the society, may are broadly tabulated and categorized as follows ( the categorization are in no way limited to the list below and may expand from time to time):-

  1. Minor breach
  2. Moderate breach
  3. Major breach

MINOR BREACH

Include:-

  1. Use of improper language at society events.
  2. Conviction of a criminal offense under the Laws of Kenya and sentence to a custodial sentence of between one and three months or to a probation period of up to three months.

MODERATE BREACH

Include:-

  1. Improper or gross misconduct at any Agricultural show or meeting of the society including.
  • Breach of peace at any of the Society events.
  • Use of improper language at Society events.
  1. Conviction of a criminal offense under the Laws of Kenya and sentence to a custodial sentence of between three to six months or to a probation period of between three and six months,
  2. Committal to Civil Jail resulting from a decision in relation to a debt.

MAJOR BREACH

Include:-

  1. Institution of legal proceeding against the society prior to exhausting the entire internal dispute resolution mechanism.
  2. Theft of Society funds,
  3. Theft of Society property,
  4. Defacing Society insignia,
  5. Willful damage of society property,
  6. Willful breach of Society protocols,
  7. Major disruption of Society events and meetings,
  8. Causing of libelous articles against the Society to be published and or produced,
  9. Being involved in the utterances or printing of false information that brings the Society’s image into disrepute,
  10. Conviction of an offense under the laws of Kenya and or sentence for period above six months and or probation for a period above six months.

DISCIPLINARY MANDATES/PENALTIES

The following are the disciplinary mandates/penalties and apply to all society members. The Council shall possess residuary powers to impose any of the under-listed penalties:-

Expulsions -Council

Suspensions-Up to a period of five years - staff and finance /Executive

- Up to one year – Branch Committee

Reprimands-Reprimands – Staff and Finance/Executive

- Branch Committee.

All matters to be deliberated by the organs of the Society shall be channeled through the National Staff and Finance.

DISCIPLINARY PROCESS – ALL INSTANCES

1)The member shall be invited to attend in person before the effecting institution, at the appointed time and place and give any evidence in defense/provide information that would assist in the enquiry/process/investigation. The member may choose to respond in writing.

2)Where the offense/breach/enquiry falls within the mandate of a specific society body (above) the issue shall be forwarded and laid before that body for deliberations.

3)No society body will be at liberty to handle disciplinary process beyond its mandate, unless the society through the Council directs.

4)The National Staff and Finance may direct a Branch Committee to institute any proceedings against a member, where the branch fails to initiate such action, where a breach has been occasioned.

APPEALS

1)Appeals against disciplinary decision of the branch including Reprimands and Suspensions will be made to the National Staff and Finance,

2)Appeal against disciplinary decision of the National Staff and Finance including Reprimands and Suspensions will be made to the Executive,

3)Appeal against disciplinary decision of the National Executive including Reprimands, Suspensions and Expulsions will be made to Council,

4)There shall be no appeal against a decision of the Council.

  • Notwithstanding the delegation of authority provided herein, council will in any event here the appeals.
  • All appeals must be lodged with the office of the Chief Executive within fourteen (14) days of the decision.

SOCIETY STATEMENT ON DISPUTE RESOLUTION

Whereas it is everybody’s right to seek redress in the Kenyan Judicial System, the Society has put in place its internal dispute resolution mechanism, to be exhausted, before a member resort to the Courts.

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