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THE CONSTITUTION

OF THE

KENYAN COMMUNITY IN KOREA

DECEMBER 2009 1st Amendment: 1st October 2011

2nd Amendment: 11th February 2016

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KCK Constitution

Article1. Name Article 2. Purpose Article3. Mission Statement. Article 4. Objective Article 5. Membership Article 6. Language Article 7. Elections Article 8. The Executive Board of Directors. Article 9. Duties of the Executive Board. Article 10. Procedures of Executive Board Meetings. Article 11. Attendance to the Executive Board Meetings. Article 12. Governing Council Article 13. Issuance of Official statements on behalf of KCK Article 14. Confidentiality /Member databank Article 15. Finances Article 16. Resignation and/or Incapacitation of: Article 17. Emergency Meetings. Article 18. Participation in KCK activities. Article 19. Code of Conduct. Article 20. Code of Ethics. Article 21. Annual General Meetings Article 22. KCK Branches Article 23. Amendments to the Constitution. Article 24. Coming into operation of the Constitution. Article 25. Oath of Office

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Article 25. Organization Motto.

Article 1. Name The name of the organization shall be the Organization of Kenyan Community in Korea – KCK (hereafter also referred to as ("the organization"). The Organization was formed in March 2007 after ratification of the constitution.

Article 2. Purpose

Section 2.01 KCK is organized exclusively to provide a source for networking to the Kenyan community in general and its members in particular Section 2.02 The organization may undertake to publicize events and activities organized by its membership. Section 2.03 Pursuant to this article, KCK shall be a central repository and retrieval for information. Section 2.04 The organization will recognize the government of the day and abide to the rule of law and will not align itself to any political, religious or lobby groups at home or abroad.

Article 3. Mission Statement KCK's mission is to promote unity among Kenyans living in South Korea, through its activities promoting the spirit of togetherness, peace and sharing our rich cultural with friends of Kenya. KCK seeks to foster Kenyan National Unity, Education, Development spirit, International co-operation and Economic Independence among its members.

Article 4. Objectives

KCK shall: Section 4.01 Provide a source of networking for KCK members. Section 4.02 Provide a forum through which Kenyans living in Korea can meet and discuss ways to grow socially and economically through the mainstream KCK and its registered branches.

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Section 4.03 To form a Kenya- Korea Association with the purpose of bringing Kenyan and their Korean counterparts together for education, cultural and language exchange, tourism and business activities. Section 4.04 Promote co-operation among Kenyan and Kenyans friends in Korea. Section 4.05 To facilitate involvement of the Kenyan community in activities that shall benefit our members. Section 4.06 Provide necessary information to new Kenyans in Korea. Section 4.07 To strongly encourage adherence to the laws of the land. Section 4.08 Liaison with the Kenyan Embassy and other organizations wherever this shall become necessary for the realization of the KCK’s objectives. Section 4.09 Promote responsible living by educating our members on Health Insurance, Investments and Education. Section 4.10 Shall Work closely with the African Community in Korea to promote Kenya and our objectives.

Article 5. Membership

Section 5.01 Membership shall be open to all persons who commit themselves to abide by the KCK constitution and subscribe to KCK's mission statement.

a) Full membership shall be open to all Kenyan citizens.

b) Associate membership shall be open to all persons who, not being Kenyans or of Kenyan descent, are friends of Kenya and promise to abide by the KCK constitution and subscribe to KCK's mission statement.

Section 5.02 Registration fees shall be KRW 10,000 non refundable. Such fees shall be assessed and modified on a regular basis at the discretion of the Executive board. It shall be provided however, that membership deliberate on proposed membership fee increments and that no membership fee increase may take effect less than six months after deliberation. Associate membership fee shall be KRW 10,000 for individuals and KRW 200,000 for any institution that has over 10 members and above

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Section 5.03 A prospective member shall become a member upon signing the KCK membership agreement form and paying the membership fee of KWN 15,000. Section 5.04 Vesting period to be eligible for the full benefits will be 3 months. However, on a case-by-case basis, it is at the Executive board’s discretion to waive this vesting period. Section 5.05 There will be no pre-payment of membership e.g. 3 years in advance. Section 5.06 Membership fee will be non-refundable. Section 5.07 Annual Membership Subscription fee of KRW 15,000 will be due on September of the Coverage year. If a member does not pay their Annual Membership Subscription fee, their membership shall be fined after failing to pay for two consecutive years. Cancellation of membership will be at Executive board’s discretion.

a) August 15th - email sent out to all members as reminder that coverage is due on October.

b) October 15th - snail mail sent to members that have not paid their membership fee.

c) October 20th - certified mail sent to members that have not paid their membership fee that will include clause to terminate/fine on the 31st day of October.

Initial membership will be due on the launching day of the organization - June 1st and the vesting period will be 6 months from that date. An active member of the organization shall be one who:

i. Attends the meetings and events of KCK regularly.

ii. Avails himself/herself to serve in different capacities as may become necessary.

iii. Has paid membership fees as required under this article.

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Article 6. Language

The official language of the KCK shall be English and/or Kiswahili. Minutes of the Executive board and the proceedings of the annual general meetings shall be recorded in English and/or Kiswahili.

Article 7. Elections Section 7.01 General elections shall be conducted in accordance to the rules and regulations stipulated in the election by-laws document. Section 7.02 Each paid member of KCK shall be entitled to one vote. Section 7.03 No official shall be elected to the same office for more than 2 consecutive terms. Section 7.04 One term shall be 2 years Section 7.05 The Executive board shall notify membership to nominate 5 electoral committee members no later than the last day of the tenth month of the second year of their term in office. Section 7.06 No member of the Executive board shall be nominated to be a member of the electoral committee. Section 7.07 The Kenyan Embassy and or the African community shall send an overseer during the Election Day. The overseer shall make sure that the elections are free and fair and shall sign a document to verify the election. The voting system shall be by secret ballot. Section 7.08 The Electoral committee shall: (a) Perform the duty of ensuring that the electoral code is adhered to as laid down in the election by-laws document. (b) Be independent; its powers shall not be usurped by any sitting Executive board member. (c) Be required to address any perceived regional or gender imbalances within Korea via overseeing the nomination of at large members by the new Executive board. (d) Disband no more than 30 days after:

(i) Successful completion of elections

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(ii) Swearing in of the new elected officials Electoral positions shall be contested by full paid up members only. Section 7.09. The handing over of the new officials shall take place within 30 days after elections. The Executive board members at-large shall oversee the transition period between the new and the outgoing Executive boards. The Executive board members at-large:

(i) Shall see the Electoral committee summon the first meeting of the new and outgoing officials within 7 days.

(ii) Shall oversee the handing over of all :

a. Documentation and accounts

b. Briefing of new officials pertaining to the running of the KCK within 14 days. The Electoral

committee shall not be present in these briefing joint meetings.

(iii) Shall oversee the inauguration ceremony of new Executive board members.

Article 8. The Executive Board of Directors

Section 8.01 The affairs of KCK shall be administered by an Executive Board that shall be composed of the following nine office holders, two appointed officers and two at-large members who shall serve one term. Chairman Vice Chairman Secretary General Vice-Secretary Treasurer Vice Treasurer Project Coordinator

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Vice-Project Coordinator Public Relations Officer Vice Public Relations Officer 2 At-large Executive board members Committees:

1. Disciplinary Committee

2. Electoral Committee

3. Taskforce/Project Committee Any other committee shall be formed as the need arises. Section 8.02 To qualify to run for any Executive board office, each candidate shall:

a) Be an active, fully paid up member of KCK.

b) Candidates running for the office of the Chairman, Secretary and Treasurer must be fully paid up member for a period of not less than a year. Those running for other offices must be paid up members for at least 6 months prior to elections.

c) Abide by KCK's mission statement and fully subscribe to its purpose and objectives.

d) Be a man or woman of good report and standing.

e) Be at least 18 years of age.

f) Any member wishing to contest for any executive office shall pay Kwon. 30,000

Article 9. Duties of the Executive Board Section 9.01 The Executive board shall: a) Safeguard the interests of KCK members. b) Ensure that the organization runs in accordance with the provisions of the constitution

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c) Manage the finances of KCK d) Spearhead the organization of events, projects and functions of the organization e) Keep proper records of the activities of KCK f) Establish good relations with the host community and like-minded organizations and give members of KCK the full benefit of such liaisons. g) Organize an annual general meeting for the members. h) Address matters and where necessary constitute KCK branches and sub-committees to carry out the activities of KCK. i) Shall work closely with the Kenyan Embassy in Korea. j) All associations formed by Kenyans or in the interest of Kenyans in Korea shall fall under Kenya Community in Korea and the KCK shall oversee their elections. The KCK shall give any assistance where necessary. k) The members of the Executive board shall not be paid a salary or honorarium. Section 9.02 The Chairman shall: a) Chair all Executive board meetings and all the annual general meetings. b) Convene the board meetings as and when that shall become necessary. c) Oversee the execution of the organization’s policies by the Executive board and offer counsel to the members where necessary. d) Shall be the sole custodian of the members’ databank. e) Shall be responsible for all final versions of all KCK public statements. Section 9.03 The Vice Chairman shall: a) Assist the President with all duties of that office and shall temporarily assume responsibility for those duties in the absence of the president.

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b) Perform such other representing and coordinating duties assigned to him by the Chairman. Section 9.04 The Secretary shall: a) Take the minutes of every board meeting and furnish a copy of the same to every board member. b) Write an annual report of KCK's activities, which shall be presented to the members in the annual general meeting. c) Ensure that KCK affairs and activities are conducted in accordance with the constitution. d) Keep an up-to-date copy of the constitution. e) Maintain all correspondence to and from KCK duly notifying the Chairman of all correspondences. f) Maintain a record of the membership of KCK. g) Assume the responsibilities and duties of the Public Relations officer in the event of his/her absence. h) Shall take all the duties of section 9.12 if the webmaster is not appointed by the board. i) Shall be the spokesperson for KCK. Section 9.05 The Vice Secretary shall: a) Assume the responsibilities and duties of the Secretary in the event of his/her absence. b) Perform such other representing and coordinating duties assigned to him/her by the Secretary. c) Be in charge of the membership recruitment. d) Shall be in charge of KCK's quarterly newsletter and blog. Section 9.06 The Treasurer shall: a) Manage the organization’s bank account.

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(i) He shall deposit the collected funds into the organizations account within 72 hours.

b) Present a balance sheet of all financial transactions to the annual general meeting which shall be validated by the KCK's auditor's. c) Prepare an annual financial statement. d) Be a custodian of all financial records. e) Give a monthly report to the Executive board. Such reports should include no less that the following information:

i. Balance in account at the end of the previous period.

ii. Income for current period, stating source and amount.

iii. Expenditures for period, giving purpose and amount.

iv. Balance at end of current period. Ensure financial books shall be open for inspection at all reasonable times. Section 9.07 The Vice Treasurer shall: a) Assume the responsibilities and duties of the Treasurer in the event of his/her absence. b) Perform such other representing and coordinating duties assigned to him by the Treasurer. Section 9.08 The Project Coordinator shall: a) Shall be in charge of coordinating all activities and events hosted by KCK to ensure smooth planning and execution. b) Shall present logistical requirements of such activities to the board. c) Shall table a post mortem report after the activities.

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d) Shall be overall in charge of delegating duties for these events. Section 9.09 The Vice Project Coordinator shall: a) Assume the responsibilities and duties of the Project Coordinator in the event of his/her absence. b) Perform such other representing and coordinating duties assigned to him/her by the Project Coordinator. Section 9.10 The Public Relations Officer shall: a) Organize publicity for KCK and/or nominate someone qualified to create publicity documentation of the

same, which shall have to be sanctioned by the executive board. b) Ensure all public statements are in line with KCK's constitution. c) Liaise with Secretary to compile all public statements. d) Ensure the procedure laid down in Article 12 of the constitution is observed prior to release of statements. e) To make advertisement and flyers to promote and create awareness of the organization course. Section 9.11 The Vice Public Relations Officer shall: a) Assume the responsibilities and duties of the Public Relations Officer in the event of his/her absence. b) Perform such other representing and coordinating duties assigned to him/her by the Public Relations Officer. Section 9.12 The Co-opted Executive Board Members at Large shall: a) There shall be two co-opted board members at Large. They shall redress any perceived

representation imbalances. The two shall be nominated by the Executive Board.

b) Shall carry all duties stated in Article 7.09

c) Shall act as the Ombudsman.

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Section 9.13 The Webmaster shall: a) Be appointed to the position. b) Work in conjunction with the Secretary to update the website. c) If not appointed the duties shall fall as stated in Article 9.04 (h).

Article 10. Procedure for Executive board meetings

a) Each member of the board shall have one vote.

b) The presence of two-thirds of the board shall suffice to constitute a quorum for the meeting.

c) The Chairman has the tying vote power.

d) Results of the tie vote as indicative of who voted on what side shall be kept from his/her knowledge until after his/her broke the tie.

e) A decision to suspend a member from KCK shall require the support of at least two-thirds of the board members.

f) Except where it is otherwise stated, board decisions shall be carried by simple majority vote of the members present.

g) Either the Chairman, Vice Chairman, Secretary General or Treasurer shall convene a meeting of the Executive board. Subject to the consent of the Chairman.

Article 11. Attendance to the Executive board meetings

a) Members of the board shall attend all board meetings. Meetings refer to either physical or electronically mediated proceedings.

b) Failure to attend three consecutive board meetings shall be grounds for suspension from the board.

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c) A member who shall be unable to attend any board meeting shall inform the Chairman and/or

Secretary in advance.

d) A motion to suspend a board member for non-attendance in 3 consecutive meetings shall be carried by 3/4 votes of the board. The board member shall pay fine or otherwise at the discretion of the sitting board.

e) The board may appoint a replacement to serve for the remaining period of tenure should it become necessary.

f) A member shall be nominated as sergeant-at-arms throughout the duration of the KCK meetings.

Article 12. Governing Council KCK shall have a “Governing Council” to address important affairs of KCK in a broader scale through information sharing, representation, project implementation and networking. The Governing Council shall meet at least twice a year or as need arises. The Governing Council shall be composed of:

a. A KCK Branch Official from all the KCK Branches b. Two (2) co-opted members (a student and a professional/business person).

Article 13. Issuance of official statement on behalf of KCK

a) Any and all statements that the KCK Executive board shall deliver to the public shall have been endorsed by the Chairman and shall have been agreed upon in advance by a majority of members of the executive board.

b) Where practicable, draft statements to be issued by KCK will be circulated to all board members for comment and input. Ample time shall be provided for such comments.

c) In the event that 2/3 of members completely disagree with certain parts of the statement, such sections shall require revision, or be withdrawn.

Article 14. Confidentiality/Member databank

a) KCK recognizes the importance of our members trust. Keeping our members information confidential is a top priority and shall strictly follow the following privacy policies:

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b) KCK and all officers in its service will safeguard according to strict standards of security and confidentiality, "non-public, personal information" maintained in our member databank.

c) Access to this information shall be kept to the minimum as per Article 9 Section 9.0.2 (d).

d) Email communication shall be on individual recipient’s basis and not bulk e-mailing to afford the members email account address the privacy it deserves. Email addresses will be used for the sole purpose of distributing KCK information.

e) Official or members of KCK violating the privacy policies are subject to the disciplinary process.

Article 15. Finances

15.01 General Procedures

a) The Executive board shall open a bank account in the name of KCK as shall be necessary to run the affairs of the organization.

b) The Treasurer will table his budgetary requirements to the Executive board for approval before any expenses are incurred.

c) Any check made out by the Executive board shall be co-signed by the Treasurer, Chairman and Secretary or by any two officials agreed upon by the Executive board.

d) No stipend or honorarium shall be paid to any official of KCK. Service in the KCK shall be completely voluntary.

e) Should the need arise; the Executive board shall elect an independent auditor.

f) Each outgoing Executive board member shall hand over all the books of account and all other KCK instruments to the incoming Executive boards.

g) The Executive board shall appoint one member to act as an internal auditor during it term. 54.02 . KCK Representation in Exhibition/ Money Generating Activities in the name of KCK

a. KCK member participating in a money-making venture through KCK or in the name of KCK shall be required to:

- Be a registered member of KCK - Be an active member of KCK

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- Apply through KCK Treasurer and or Projects Coordinator or Projects and Finance Committee by paying a commitment fee of KWN 10,000. - Willing to support KCK through a contribution of 10% of the profit made in the venture OR contribute 50,00Won per booth per day OR as shall be agreed upon by the representative of KCK Executive Board in charge of Projects and Finance

Article 16. Resignation and/or Incapacitation of: Section 15.01 Executive Board Members

a) In the event of a board member resigning or being incapacitated, the assistant will immediately move to take care of the responsibilities.

b) A meeting will be held to announce the open position.

c) In case of resignation or otherwise of an executive member, the Executive board shall appoint one member within the Executive board in the acting capacity to fill the post.

Section 15.02 Association Members

a) In the event of an organization’s member resigning or leaving the group, there will be no replacement for the member position.

Article 17. Emergency Meetings

The Executive board shall convene an emergency meeting to address any urgent issue affecting membership that warrants such meeting. The meeting will be used to discuss the course of action. a) The meeting called by the Executive board shall:

i. Verify that the person or persons affected are listed in the membership roll as fully paid up members.

ii. Identify contact person to source on facts about the emergency.

iii. Evaluate emergency as per its merits.

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iv. Chart out a course of action b) In emergency situations that shall be deemed to require financial assistance of a member, the Executive board shall:

a) Assess the financial burden of the emergency

b) Update itself on members roll to determine number of members available for pooling of resources.

c) Decide on course of action which, depending on findings of 16 (i) shall be any or all of the following:

i. Call on members to contribute a set amount reached upon by sharing the responsibility

amongst members equally.

ii. Call upon members to contribute funds to ease the burden and/ call for an open fundraiser.

c) The Executive board voting unanimously shall have the power to convene an emergency meeting of the KCK. An emergency meeting shall also be convened if the Executive board should be petitioned by at least 1/3 of the registered and fully paid up members of KCK. If there is:

i. Resignation of 5 members of the Executive board.

ii. A vote to dissolve the Executive board by the members of KCK shall require two-thirds of the votes of all registered and fully paid up members.

iii. In case of the dissolution of the KCK, the at-large members shall take charge of the offices and, books and accounts from the Executive board.

iv. Article 7 shall be applied within one month from the dissolution of Executive board date.

Article 18. Participation in KCK activities

KCK expects all its members to take an active role in all its activities.

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a) An attendance log shall be kept by the projects and event co-coordinator of all activities to reflect active participation of a member. This will be considered should this member seek individual service from the organization. This log shall be available to all members at request.

b) In the rare case that one is not able to attend, the activity coordinator or Secretary General should be contacted by phone with a follow-up e-mail for filing purposes.

c) Membership can be fined/revoked if a member does not show up for 3 consecutive, unexcused meetings without apology.

Article 19. Code of Conduct 1) Every member of KCK shall:

a) Abide by the provisions of the constitution. b) Actively participate in the activities of KCK. c) Desist from using obscene or vulgar language in any proceedings of KCK. d) Attend business meetings of the organization in a sober state. e) Not indulge in physical confrontation in a KCK meeting with another member. f) Not interrupt or disrupt the proceedings of a KCK meeting.

2) Any KCK member who shall breach any of the provisions of Article 18 (1) shall be subject to any of the following disciplinary actions:

a. Removal from the venue of the meeting. b. Suspension of membership for a period of 6 months, after which, the suspended member can

appeal for reinstatement. Reinstatement shall be considered on a case-by-case basis.

c. In the case of an Executive board members removal from office shall require two-thirds majority vote by the Executive board.

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Article 20. Code of Ethics

a) Individual KCK members (including officials) shall be free to conduct business with whomsoever they deem fit. However, KCK resources (including name) shall not be used in the aforesaid business transactions.

b) Information pertaining to business opportunities and/or activities organized by other organizations/groupings etc can be posted on KCK's discussion board or site and networked to members (at the executive boards discretion), but in so doing, it should be made clear that the said action is not an endorsement in itself.

Article 21. Annual General Meetings

I. KCK shall hold its annual general meeting (AGM) once every calendar year in the month of September. II. In the AGM, the following officials shall deliver their annual reports: A. The Executive Chairman; B. The Executive Secretary; C. The Executive Treasurer. D. A. O. B

Article 22. KCK Branches

1. These are the KCK Branches: - - with Ulsan as co-opted) - Cheonan - - - 2. KCK branches shall have leadership structure comprising of at least three - Chair, Secretary, Treasurer - officials elected/appointed by members in the branch and recognized by the KCK executive. The roles of Branch Officials shall be:

a. To have its chair or a representative in the KCK Governing Council b. To promote KCK and KCK activities in the branch. c. To represent KCK in branch events/meetings. d. To help KCK executive to register new members. e. To collaborate with KCK Executive in all areas regarding planning, promoting,

implementation of KCK policies.

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f. To report on specific regional matters to KCK Executive Board when called upon. 3. New Regions: Any new region/City in Korea where 10 or more Kenyans live/study or work and with a potential for sustaining the numbers shall be co-opted into an existing branch or declared a KCK branch, albeit temporality, until it is formally recognized by the constitution through an amendment process.

Article 23. Amendments to the constitution

An amendment to any part of the constitution shall occur if the motion to amend shall be supported by 65% of all registered members of the organization. The part to be amended shall be discussed and proven to stand amended so as to service the interest of the KCK members. Proposal for amendments of the constitution shall be presented to the Executive board, who shall nominate a constitutional revision committee. The constitutional revision committee shall examine and incorporate members' suggestions for amendment. Any amendment to the constitution shall take effect immediately.

Article 24. Coming into operation of the constitution

This original version of the constitution came into effect after being ratified by three quarters of all founding members who signed and forwarded membership form by December, 2008.

Article 25. Oath of office I............................................................................................ do hereby accept that I shall serve KCK as the ........................................... …..I promise that I shall do my best to defend this constitution and shall carry out my responsibilities in accordance with its provisions. I hereby declare that I shall serve KCK members diligently and faithfully without any discrimination. In carrying out my duties, I shall endeavor to accomplish with honor the aspirations of the KCK. So help me God. So signed ................................................. This........... Day of ......................, year.............

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Article 26. Organization motto Together we stand.