PREAMBLE 

We, members of the THIRDWAY ALLIANCE KENYA: 

RECOGNIZING supremacy of TAKE members towards achieving TAKE’s vision, ideology, policies and programs; 

PROUD and always celebrating our ethnic, regional, religious, cultural, and political diversity; 

AWARE that since introduction of multi-party democracy, our Kenyan politics has largely been organized on basis of ethnicity, money, populism and personality; 

ALARMED at the normalization and elite capture of our state to the detriment of ordinary majority of Kenyans leaving them marginalized, vulnerable and manipulated for short term gains including false election promises;  

CONCERNED that a section of Kenya’s leadership has for a long time adopted political intolerance and impunity over democracy thereby rendering political organization cultish, tribal and preserve of a tiny minority; 

DISTURBED that our country’s political accountability and transparency measures is not people-centered, lacks in public participation; 

DESPITE promises of a good life on the advent of our Constitution of Kenya 2010, and devolution in particular, endemic poverty, disease, ignorance, high youth unemployment, institutionalized and systemic discrimination of women and youth and continue in our country; 

RECOGNIZING that with transformative servant-leadership prudent and effective use of our abundant resources, our country can rapidly become a modern-day democracy free from all forms of ethnic-centered politics, lawlessness, impunity, corruption and theft of public money, discrimination, exclusion, exploitation, and oppression;  

DETERMINED to create a new Kenya with alternative leadership and a people-centered leadership, we can easily achieve a ONE KENYA, ONE NATION AND ONE PEOPLE; 

COMMITTED to ideals of constitutionalism, rule of law, fairness, social justice, inclusion, gender equity, affirmative action, public participation, respect for human rights and freedoms, unity in diversity and the national values and principles of governance in our Constitution; 

DEDICATE to the search of and to establishment of a responsive and transformative leadership, and a just government with transparent and accountable structures at national, county, constituency and ward levels of party organization; 

COMMITTED to doing away with the “your name betrays you syndrome”, and in particular the debilitating effects of negative ethnicity, and to pursuit of celebrating our ethnic and regional diversity as a people;  

HEREBY ADOPT and PLEDGE TO RESPECT this our Party Constitution as an affirmation of our commitment to our efforts towards creating, nurturing and sustaining TAKE as a truly democratic and transformative institution of governance in our beloved country; 

WE THEREFORE, ENACT this our Party Constitution for and on behalf of the members of TAKE.  

Our Party adopts the Kiswahili version of the Kenya National Anthem as its prayer: 

Ee Mungu nguvu yetu, Ilete baraka kwetu 

Haki iwe ngao na mlinzi, Natukae na undugu 

Amani na uhuru, Raha tupate na ustawi 


Amkeni ndugu zetu, Tufanye sote bidii 

Nasi tujitoe kwa nguvu, Nchi yetu ya Kenya 

Tunayoipenda,Tuwe tayari kuilinda 


Natujenge taifa letu Ee, ndio wajibu wetu 

Kenya istahili heshima, Tuungane mikono 

Pamoja kazini Kila, siku tuwe na shukrani. 

THE NAME OF THE PARTY AND ABBREVIATION

There is established a Political Party to be known as THIRDWAY ALLIANCE KENYA (hereinafter referred to as the “Party”), and whose abbreviation shall be TAKE.


LOGO, SYMBOL and PARTY COLOUR

The dimensions on the logo do not necessarily represent any particular measurement and are merely proportional.

Description:

The Party Symbol is a lone Camel in a desert.

The Party colours are a mix of gold around the circle and inside the inner circle with lines of red, green and black that symbolizes colours of the Kenyan flag on a white background with the Party name boldly written between the two circles.

THE OBJECTS OF OUR POLITICAL PARTY 

The objectives for which our party is formed are to:  

  1. End economic and social injustices in Kenya.
  2. End theft of public money and other resources.
  3. Encourage and work with youth and women to take over government. 
  4. End negative ethnicity in Kenya.
  5. Protect and promote the Constitution, rule of law and devolution.
  6. Restore Kenya’s credibility and leadership in the global sphere.
  7. Acquire and retain power democratically in order to form a just government in pursuit of and to implement its ideology, vision, policies and programs; 
  8. Provide transformative political leadership that would create and nurture a united, stable, prosperous, democratic modern State in Kenya, and a society that protects and upholds the Constitution of Kenya, nurtures constitutionalism respects rule of law, national values and principles of governance, fundamental rights and freedoms, foster unity of purpose, and to promote servant leadership, pluralism, cultural, religious, regional, ethnic and gender diversity. 
  9. End theft of public money and other resources, negative ethnicity, and to ensure that youth and women form and are always included in government.   
  10. Promote political awareness, people-centred development in partnership with local communities, civil society, private sector and Kenyan Diaspora. 
  11. Protect and promote economic, civic, social, political, scientific, cultural, and intellectual development of Kenyans regardless of their gender, cultural, ethnic, geographical, age and religious backgrounds. 
  12. Protect the independence, security, sovereignty, and interests of Kenyans. 
  13. Protect and promote the democratic principle of separation of powers and to encourage close working relations between the National and County Governments in accordance with our Constitution of Kenya 2010. 
  14. Promote social justice and strive to eliminate all forms of discrimination, marginalization and imbalances across all social groups, Counties and regions. 
  15. Protect and promote human rights and fundamental freedoms including of persons living with disabilities, minorities and marginalized groups. 
  16. Champion equality of all persons fight against all forms of discrimination against children, women and support affirmative action programs to ensure equity and equality of men and women in public life. 
  17. Promote devolution and decentralization of power specifically strengthen County government and ensure sustained equitable distribution of resources and efficient delivery of quality services to tax payers and Kenyans in general. 
  18. Promote industrial, agricultural and service sector development as the basis of modernizing Kenya through value addition policies and strategies. 
  19. Pursue provision of basic human needs such as education, health, shelter, food, clothing and social security in order to raise the standard and quality of life of Kenyans. 
  20. Promote, deepen and widen global cooperation and more specifically promote African unity, regional cooperation and integration including but not limited to creation of an East African Federation and a United States of Africa that addresses its challenges collectively. 
  21. Support programmes of the United Nations and International organizations that are beneficial to Kenya including sustainable development goals (SDGs), climate change, environmental sustainability and global partnerships. 
  22. Support and promote world peace and abolition of all forms of oppression, sectarianism, racism, sexism, social bigotry, exploitation and discrimination. 
  23. Promote environmental protection, land reforms, land tenure rights for all and in particular the landless and squatters. 
  24. Promote efficiency, effectiveness and reliability of the public service, and eliminate bureaucracies, wastage and other barriers to adequate and better-quality service delivery. 
  25. Acquire land, buildings, movable and immovable property, securities and engage in investments, business ventures and any other profitable enterprises and activities in the pursuit of Party objects. 
  26. Enter into structured and transparent alliances, agreements, contracts, arrangements and partnerships with political parties, civil society international organizations, trade unions, student organizations, lobby groups among others that are similar in thought to us for the sole purpose of furthering Party objects. 
  27. Raise funds and other resources necessary for the implementation of Party policies and programs. 
  28. Adhere to principles of democratic and good governance premised on justice, participation, non-discrimination and transparency in public affairs. 
  29. Do all such things as the Party deems necessary or incidental to attainment of the above specific and overall objectives.

TAKE envisions itself as the People’s Alternative Leadership with one Nation and one People enjoying political, social, economic, cultural, religious rights and freedoms in an environment of respect, dignity replete with integrity. 


Mission

TAKE’s mission is to create, nurture and sustain a responsive, transformative leadership with democratic government and state in order to enhance political, social and economic welfare, equal opportunities for all Kenyans based on principles of inclusivity, rule of law, transparency, accountability, liberty, social justice, equality and unity. TAKE seeks to provide and promote participatory democracy and transformative leadership, sound economic development and good and democratic governance at National and County levels.  


Guiding Principles and Values

The following shall be the guiding principles and values of our Party.  

  1. Respect for human rights and freedoms. 
  2. Integrity in leadership. 
  3. Rule of Law. 
  4. Constitutionalism. 
  5. Social Justice and fairness. 
  6. Devolution of power and resources. 
  7. Equity, tolerance, equality and inclusivity. 
  8. Unity in diversity. 
  9. Accountability and transparency. 
  10. Citizen’s effective participation in governance and decision-making. 


Eligibility for Party Membership 

  1. Any Kenyan citizen who is eighteen (18) years and above, and who accepts and adheres to the idea, believe, vision, aims, objects, policies, programmes, directives and discipline of the Party is admissible and could become on recruitment and application a member of the party. 
  2. Members eligible above shall pay a membership fee as determined by the National Executive Council (NEC). 
  3. Notwithstanding payment for party membership, office of the Secretary General shall provide details of requisite forms to be used with discretion to reject or revoke an application for membership from any person, especially if the applicant is adversely mentioned or proven to be corrupt, has a criminal past and therefore cannot pass a membership and/or leadership integrity test pursuant to Chapter 6 of our Kenyan Constitution 2010. 
  4. Any member who ceases to be a member shall not be entitled to a refund of membership fees or contribution paid by that member to the party. 


Subscription fees for joining the party 

  1. There shall be the following categories of membership to the party 
    • Ordinary member  
    • Silver member  
    • Gold member  
    • Platinum member  
  2. NEC shall determine such other membership. 
  3. Other categories are open to all Kenyans.  
  4. The membership enrollment fee and annual subscription fee shall be determined by NEC from time to time. 


Resignation of Membership 

A member shall resign or be deemed to have resigned if the member: 

  1. Conducts oneself in a manner that brings disrepute to the Party. 
  2. Submits a signed letter of resignation to the Secretary of the Sub-County Executive Committee (SBEC) where the member is registered. 
  3. A National Official opting to resign from the party shall submit a letter of resignation to the Party head office. 
  4. Promotes the activities of another political party or entity provided that the other Political party or entity is one that has no formal arrangement with TAKE. 
  5. Contravenes Party ideology, aims, policies, objects, and the code of conduct for leaders of the pledge of commitment. 
  6. Forms another Political Party or joins another political entity. 
  7. In any way or manner, publicly advocates for the formation of another Political party or advocates for a political ideology contrary to the Party. 
  8. Promotes the ideology, interests or policies of another Political party or entity. 


Rights of Members 

In respect and recognition of the provisions in the Political Parties Act and the political rights of citizens contained in the Kenyan Constitution 2010, all members have the right to the following rights subject to the laid down Party rules and regulations. A member shall have and enjoy the following rights to: 

  1. engage in debates on issues that affect Kenyans at any Party forum so long as the issue is raised following established protocol and procedures of the Party. 
  2. participate in TAKE Conventions and be elected as a delegate to the National Delegates Convention of TAKE. 
  3. question or challenge decisions made by an organ or party leadership that threaten the very existence of the Party.  
  4. participate in the election of the County Executive Committee and to contest for any post within the Party and in general/by elections in the Country. 
  5. be informed how much resources have been received by the Party/ Sub Branch/County Branch and how such resources are utilized or managed. 
  6. participate in all members’ meetings at the Polling centre level or any other level open for Party members. 
  7. access important information from the local unit of the Party or Headquarters in line with the provisions of Article 35 of Our Kenyan Constitution 2010. 
  8. participate through the relevant party organs in party nomination process for identification of TAKE candidates for all elective positions. 
  9. contribute to the policy making process of the Party, including the development of policy papers, party manifesto, party nomination rules and procedures through the various party organs. 
  10. participate in the party outreach activities, including campaigns and meet-the people tours by national and/or local leaders.  


Duties of Members 

A member of the Party shall have and observe the following duties:  

  1. Respect, uphold, protect and adhere to the party constitution and any other by laws or rules and regulations formulated by party organs. 
  2. Subscribe to TAKE ideals, vision, aims and objects. 
  3. Participate in the election of party officials according to TAKE party election rules, regulations and procedures. 
  4. Participate in the nomination of party candidates for all elective positions in accordance with TAKE Elections/Nomination Rules and Procedures. 
  5. Endorse the party’s Presidential candidate for the general election in accordance with the rules, regulations and procedures of the IEBC as well as in accordance with the Constitution of Kenya 2010. 
  6. Regularly, actively and effectively participate in all party activities and meetings. 
  7. Shall participate in party outreach and membership recruitment drives. 
  8. Contribute both time and resources to the party. 
  9. Demonstrate commitment and loyalty to the Party. 
  10. Voluntarily pay membership fee and annual subscription fee. 
  11. Be a loyal and dedicated marketing agent for the party. 
  12. Be committed to implement all party resolutions and positions. 
  13. Conduct him/herself with respect and decorum. 
  14. Campaign and vote for the party candidates at general election and by-election. 
  15. Be a responsible member of the party and a responsible citizen of the nation. 
  16. Defend the legitimate policies and leadership of the Party. 


Membership register 

The overall party membership register shall be held at the national secretariat and shall be at the custody of the Secretary General. The Branch Secretaries shall be the custodians of the Branch membership register. The membership register shall contain all relevant and necessary details of members in accordance with the applicable law. 

The Office of the Secretary General shall have a corresponding register with one kept at each of the Party Branches countrywide. 


 Procedures for conducting meetings 

  1. The National Chairperson and in his/her absence, the Deputy National Chairperson shall preside over all meetings of the national delegates Convention (NDC), the National Executive Committee (NEC).  
  2. In the absence of the National chairperson and the Deputy National Chairperson, members present shall select one from among themselves to preside over any such party meetings.  
  3. The notice for an NDC meeting shall be, at least, 21 days except for special NDC meeting, which shall be 14 days to be published in the media by the National Chairperson or Secretary General. 
  4. Notice for NEC, BEC, SBEC, WEC, and special Organ committees shall be, at least, 7 days.  
  5. At all meetings of the Branch, or Sub-Branch, Ward the Chairperson or in his/her absence, the Deputy Chairperson shall preside; in the absence of the Chairperson and the Deputy Chairperson, the members present shall elect among themselves to preside. 
  6. Resolutions of any party meetings shall be decided by a simple majority, unless otherwise stated in this Constitution. 
  7. In the event of a tie in votes at any meeting, the person presiding shall have the casting and deciding vote; 
  8. Ex-official members have the right to attend meetings of party organs where they belong but have no voting rights. 
  9. The quorum of any party organ or meeting of the party unless this Constitution otherwise provides, shall be one third of the membership. However, a meeting will be deemed to quorate to conduct business at the second sitting on the same day even when such a meeting is short of the numbers necessary to constitute quorum, provided that the procedures of calling such a meeting were followed.

GOVERNING BODY 

  1. The National Executive Committee (NEC) is the governing body of the Party. 
  2. Membership to NEC is the preserve of fully paid up members of the Party. 
  3. The positions and titles of officials of the governing body are: 
    • Party Leader 
    • Deputy Party Leader 
    • National Chairperson 
    • National Deputy Chairperson 
    • Secretary General 
    • Deputy Secretary General 
    • National Organizing Secretary 
    • National Deputy organizing Secretary 
    • National Treasurer 
    • National Deputy Treasurer 
    • National Women’s Leader 
    • National Deputy Women’s Leader 
    • National Youth Leader 
    • National Deputy Youth Leader 
    • Party Executive Director (Ex-Officio) 
  4. The term for all officials of the governing body shall be five (5) years.  
  5. The National Party elections shall be held not more than one year following the General Election provided that there are extenuating circumstances that dictate otherwise. 
  6. The Party election shall be held on the last Friday of August of the year following a General Election. Provided that when Kenya is at war or there is any major reason to be determined by NEC preventing the holding of elections, NEC by a resolution supported by, at least, two thirds (2/3) of members present from time to time may extend the term of NEC by not more than six (6) months at a time. The term of NEC shall not be extended under the above proviso for more than twelve (12) months. 


The rights and duties of members of the governing body are to: 

  1. Formulate policy for consideration by NDC. 
  2. Supervise the day-to-day conduct of the organization’s activities.
  3. Appoint organizational functionaries from among party members.
  4. Propagate party policies. 
  5. Implement the policies and decisions of NDC 
  6. Prescribe rules and regulations for the functioning and operation of party organs. 
  7. Preserve the administrative machinery of the party at all levels; 
  8. Receive, consider, approve and implement reports and recommendations from the various commissions and committees or individuals; 
  9. Initiate, prepare or cause to be prepared the necessary quarterly, semi-annual financial budgets for approval by NDC; 
  10. Perform an advisory, supervisory and oversight function to the National Elections Board (NEB) in the conduct of Party elections and nominations. 
  11. Appoint party representatives to other organizations which the Party relates to; 
  12. Undertake any other necessary party function, which is not specifically ascribed to any other Party Organ provided that the NDC may subsequently vary the decision of the NEC on such matter; 
  13. Perform any other function that may be assigned to it by NDC;
  14. Monitor and evaluate implementation of programmes and performance of the party. 
  15. Determine terms and conditions of service of party’s secretariat personnel. 
  16. Establish party Sub Branches outside Kenya as it may deem fit;
  17. Establish Organs in Kenya and the Diaspora. xviii.      invite observers to the National Delegates Convention;
  18. Determine positions for full time employment within the party organs. 
  19. Establish a Party Foundation, whose functions shall be but not limited to: 
    • Mobilize resources for the Party 
    • Perform such other functions as NEC may prescribe 
  20. Invitations for special purposes may be made by SG provided that it is not more than 2 meetings in the case of NEC. 
  21. The National Secretary General shall be Secretary to the NDC and NEC. The executive Director (Ex-Officio) shall take and distribute the minutes after necessary approval. 
  22. Appoint and fix the remuneration of auditors


GOVERNING BODY OFFICIALS 

The Party leader shall be: 

  1. The political supreme of the party and will remain the defacto political spokesperson of the party with all decisions sanctioned by the Party Leader in writing, or vide any other expedient means taking into account the context. 
  2. Be the Head of Party Affairs who shall provide leadership; ensure unity and efficiency within the Party and to ensure that the party participates in every election. 
  3. Ensure that the Party consistently occupies the National Agenda of the day and ensures that he/she leads the party into an election as a candidate for higher office unless context dictates otherwise;  
  4. Will not be subjected to party primaries for any elective position whenever the Party leader intends to run for office 

The party leader shall remain for two terms of 6 years each to ensure stability of the party from the date of full registration of the party.

NATIONAL CHAIRPERSON 

Terms and Duties of Office 

The term of Office of the National Chair shall be 5 years from the date of election by registered party members. The National Chairperson shall in consultation with the Party leader: 

  1. Articulate Party policies. 
  2. Chair meetings of the NDC, and the NEC and the National Management Committee. 
  3. Sell the Party policy in public and private to groups and the general population 
  4. Ensure, at least, one public Party function at least every quarter and at least one National Management Committee meeting every month. 
  5. Ensure all national officials perform their duties. 
  6. Ensure that he/she abides by/defends the party constitution. 
  7. Set at least a day once a week to serve at the National Secretariat. 
  8. Perform any other function(s) assigned by NEC. 
  9. Signatory to Party Bank Account and transactions. 


Method of Election/appointment into Office 

The Chairperson shall be elected according to the Party election/Nomination rules and Procedures. 


Suspension/Dismissal from Office 
  1. The holder of the office of the Chairperson shall be dismissed or suspended in accordance with Article 13of this constitution. 
  2. The term of office, method of Election, appointment into office, dismissal and suspension from office for all NEC officials shall be similar to that of the national Chairperson. 
  3. Where before the end of the six (6) years term; 
    • The Chairperson resigns in writing; 
    • Becomes of unsound mind; 
    • Suffers physical invalidity that renders the Chairperson incapable of running the office. iv. Abdicates his/her responsibilities. 
    • Is declared bankrupt; 
    • Abandons the party; 
    • Joins another party; 
    • For any other reason is unable to continue discharging functions of the Office of the Chairperson, the Deputy Chairperson shall hold the Office of the Chairperson and nominate his/her Deputy. 


DEPUTY NATIONAL CHAIRPERSON 

The Deputy National Chairperson shall: 

  1. Deputize the National Chairperson. 
  2. Be the Head of arbitration unit of the Party and report proceedings to NEC.
  3. Perform any other duty assigned by the Chairperson, NEC, NDC. 


SECRETARY GENERAL (SG) 

The SG in consultation with Party Leader and Chairperson shall: 

  1. Be responsible for all Party affairs at the National Secretariat. 
  2. Ensure that meetings of NEC and NDC, take place as provided for in the Constitution. 
  3. Cause the National Secretariat to keep proper Party records including minutes of all meetings and inventory of party property/assets and ensure distribution of such minutes to persons or organs concerned once they are approved. 
  4. Hold a meeting, at least, once every month with the secretariat. 
  5. Maintain a register of all members of the Party in all categories of membership. 
  6. Prepare a calendar of meetings of NDC, NEC, among others including the Secretariat meeting. 
  7. Be in charge of correspondences of the Party. 
  8. Set at least a day once a week to serve at the Secretariat. 
  9. Ensure that he/she abides by/defends the Party Constitution. (j)     Be signatory of all the nomination certificates of the party candidates 
  10. Signatory to Party Bank Account and transactions. 


DEPUTY SECRETARY GENERAL (DSG) 

The Deputy Secretary General (DSG) shall: 

  1. Assist the SG in all duties pertaining to that office and shall assume such duties in the former’s absence. 
  2. Be the Head of Political Education, Litigation and Partnership unit of the Party.
  3. Perform any other duty assigned by the SG. 


NATIONAL TREASURER 

The National Treasurer shall; 

  1. Co-ordinate all resource mobilization and fund-raising activities of the Party. 
  2. Be in charge of the Party’s financial affairs and be responsible for the National Secretariat’s financial transactions under the direction of the National Chairperson. 
  3. Prepare or cause the preparation of and submit to the National Executive Committee financial statements every quarter of the year, and shall ensure duly audited Annual Statement of Account is circulated to the Branch Executive Committee. 
  4. Create a timetable for resource mobilization and/or fundraising activities for the Party for the whole year. 
  5. Maintain an inventory of all partners and well-wishers, co-ordinate their activities thereon and report to NEC. 
  6. Signatory to Party Bank Accounts and transactions. 


DEPUTY NATIONAL TREASURER 

The Deputy National Treasurer shall: 

  1. Assist the National Treasurer in all duties pertaining to that office and shall assume all such duties in the former’s absence. 
  2. Identify and pursue investment opportunities for the Party. 
  3. Perform such other functions as may be assigned by the National Treasurer. 


NATIONAL ORGANIZING SECRETARY (NOS) 

The National Organizing Secretary shall: 

  1. Develop/formulate and co-ordinate outreach programmes and report to NEC at least quarterly and/or upon request. 
  2. Supervise the organization of the Party and in particular public meetings, functions, meet-the-people tours and recruitment of members. 
  3. Supervise the organization of meetings and the NDC in liaison with the SG and NEC. 
  4. Ensure the Party has a timetable of Public rallies, Branch/Sub-Branch trainings/visitations to promote and publicize Party policies. 
  5. Ensure the Branch/Sub-Branch hold local meetings, keep minutes of the said meetings, and maintain reliable telephone contacts and email. 
  6. Ensure that the Party activities at the Branches/Sub-Branches are carried out effectively and regularly. 
  7. Ensure there exists a physical office in every Branch. 
  8. Set at least a day once a week to serve at the National Secretariat. (i)         Perform any other duties/function assigned by NEC. 


DEPUTY NATIONAL ORGANIZING SECRETARY (DNOS) 

The Deputy National Organizing Secretary shall: 

  1. Assist the National Organizing Secretary in all duties pertaining to that office and shall assume such duties in the former’s absence. 
  2. Co-ordinate and aggregate need(s) and issue(s) affecting Branches/Sub-Branches and report to NEC. 
  3. Perform any other duties/functions assigned by NEC. 


NATIONAL WOMEN’S LEADER 

The National Women’s Leader shall: 

  1. Co-ordinate the Women League to galvanize political support for Party programs, policies and activities nationwide. 
  2. Co-ordinate resource mobilization strategy for women’s programmes in liaison with the National Treasurer. 
  3. Design and implement Party programmes and solicit support for the same
  4. Establish partnerships and form networks of women organizations. 
  5. Develop and implement a mobilization/outreach role in liaison with the NOS and report to the NEC

DEPUTY NATIONAL WOMEN’S LEADER 

The Deputy National Women’s Leader shall: 

  1. Assist the National Women’s Leader in all duties pertaining to that office and shall assume all such duties in the former’s absence. 
  2. Co-ordinate and aggregate need(s)/issue(s) affecting women in the Party. 
  3. Report on the status of women’s programmes in the Party. 
  4. Perform any other duties assigned by the National Women’s Leader. 


NATIONAL YOUTH LEADER 

The National Youth Leader shall: 

  1. Mobilize youth and students’ leagues to galvanize support for Party activities. 
  2. For Youth/Student networks. 


DEPUTY NATIONAL YOUTH LEADER 

The Deputy National Youth Leader shall: 

  1. Assist the National Youth Leader in all duties pertaining to that office and shall assume all such duties in the former’s absence. 
  2. Perform any other duties assigned by the National Youth Leader. 

NATIONAL SECRETARIAT (NS) 

Composition of the National Secretariat 
  1. The party re shall establish a National Secretariat of the Party, which shall report to the NEC through the Secretary General. 
  2. The National Secretariat shall consist of: 
    • The Executive Director, who shall be the Head of the Secretariat 
    • One or more Deputy Executive Director(s) and, 
    • All other staff deployed to and assigned party functions, as may be approved by the NEC. 
  3. The Executive Director, the Deputy Executive Director and all other staff shall be appointed in accordance with rules and procedures provided by the NEC. 
  4. Management of the secretariat staff shall be conducted in accordance with the policy and procedures manual that shall include procedures on how to handle grievances as approved by NEC. 


Powers and Duties of the National Secretariat 

The National Secretariat shall be responsible for: 

  1. Implementation of the decision of the NDC, and the NEC. 
  2. Implementation of all-Party policies, decisions and directives on a day-to-day basis; 
  3. Disseminating information to all party organs and soliciting and receiving feedback from them; 
  4. Enhancing the capacity of the Party for the competitive politics during elections and general management; 
  5. Providing administrative services to the NDC and NEC  
  6. Co-ordination of activities of all organs of the Party. 
  7. Maintaining a National Register of members. 
  8. Carrying out such other functions as may be assigned to it by the NEC through the Secretary General.
  9. Maintain communication and co-ordination with the Branch and Sub-Branch secretariats.
  1. Party branches will be formed in all forty-seven (47) counties. The formation of branches shall be done after Party elections. 
  2. There shall be a diaspora branch, which shall have sub branches to be determined by NEC.  
  3. The Branch is formed by election of the following twelve (12) officials: 


  • Chairperson 
  • Deputy Chairperson 
  • Secretary 
  • Deputy Secretary 
  • Treasurer 
  • Deputy Treasurer 
  • Organizing Secretary 
  • Deputy Organizing Secretary Women’s Leader 
  • Deputy Women’s Leader 
  • Youth Leader 
  • Deputy Youth Leader 


  1. The financial transactions of the Party shall be handled by the SG, National Treasurer, finance director and any other finance officer(s). 
  2. The designated National officials and staff shall ensure that requirements as provided by law on public funds are strictly adhered to. 


Usage of Party Funds 

Party funds shall be used for purposes compatible with democracy. 

  1. Promoting the representation in Parliament and in the county assemblies of women, persons with disabilities, youth, ethnic and other minorities and marginalized communities; 
  2. Promoting active participation by individual citizens in political life; 
  3. Covering party’s election expenses, and broadcasting party policies; 
  4. Organization of civic education in democracy and other electoral processes; 
  5. Bringing the Party’s political influence to bear and to shape public opinion; 
  6. Administrative and staff expenses of the Party which shall not be more than thirty per cent of monies allocated to the Party. 
  7. Party funds shall not be used for any other purposes other than those specified in this Constitution. 
  8. Party funds shall not be used: 
  9. For paying directly or indirectly remuneration, fees, rewards, allowances or any other benefit to a member, party supporter other than a member of staff. 

    • To finance or as a contribution to any matter, cause, event or occasion directly or indirectly in contravention of any code of ethics binding on public officers. 
    • Directly or indirectly for the purposes of establishing any business or acquiring or maintaining any right or financial interest whatsoever in any business or in any immovable property; or  
    • For any purpose incompatible with the promotion of a multiparty democracy and the electoral processes, or with the Constitution. 
    • The Party shall ensure accountability and transparency in its procurement processes. 


The Annual or Periodic Audit of Accounts 

  1. The NDC shall approve appointment of reputable auditors annually. 
  2. All Party accounts, records and documents shall be open for inspection by the auditors at any time. 
  3. The National Treasurer shall procure and submit audited annual accounts to the NDC. 
  4. The auditors shall be paid such fees for their duties as may be determined by the NEC. 
  5. The Party shall keep proper books and records of account. 
  6. The Party shall, within three months after the end of each financial year submit a report to the auditor general.
  7. Any person shall be entitled, to inspect the audited accounts filed by the Party and, upon payment of a fee prescribed by the registrar/or NEC be issued with copies of the audited accounts.

GENERAL STRUCTURE & ORGANIZATION OF THE PARTY 

The Party shall be organized at four (4) levels 

  1. Ward (County Assembly Representation area) 
  2. Sub-Branch (Constituency) 
  3. Branch (County) (d) National 


The Ward (County Assembly Area Representation) 
  1. Ward Convention (WC) 
  2. Ward Executive Committee (WEC) 


The Sub-Branch (Constituency) 
  1. Sub Branch Convention (SBC) 
  2. Sub Branch Executive Committee SBEC) 


The Branch (County) 
  1. Branch Convention (BC) 
  2. Branch Executive Committee (BEC) 


National 
  1. National Delegates Convention (NDC) 
  2. National Executive Committee (NEC) 
  3. National Elections Board (NEB) 
  4. National Assembly Caucus 
  5. Senate Caucus 
  6. Governors Forum 
  7. National Secretariat 
  8. Women Caucus  
  9. Youth Caucus 


Organization of the Party and their Functions 

Ward Level 

 Ward Convention (WC) 

It shall comprise of the elected officials at polling centres within the Ward and shall meet once a year. 


Ward Executive Committee (WEC)

The Ward Convention (WC) shall from among themselves elect twelve (12) Ward Executive Committee members who shall serve in the capacities as specified under Article 9 of this Constitution. The WEC shall meet at least once every three months or as advised by NEC through the Secretariat 


It is mandatory that: 

  1. At least one third (1/3) of the Ward Executive Committee members be of either gender. 
  2. The Party elected and/or nominated County Assembly Representative(s) if not previously elected serve in the Ward Executive Committee shall by virtue of their positions become ex-officio members of that Ward Executive Committee (membership is restricted to the Ward where one has voting rights). 


Sub Branch Level (Constituency)  

Sub Branch Convention (SBC) 

It shall comprise of the elected Party officials from all the Wards within the Sub Branch and shall meet once a year. 


Sub Branch Executive Committee (SBEC) 

The Sub Branch Convention shall from among themselves elect twelve (12) Sub Branch Executive Committee Members who shall serve in the capacities specified under Article 9 of this Constitution. The SBEC shall meet at least once every three months or as advised by NEC through the Secretariat. 


It is mandatory that: 

  1. At least one-third (1/3) of SBEC members shall be of either gender. 
  2. The Party elected and/or nominated County Assembly Representative, MP(s), Senator, Governor, Deputy Governor if not previously elected to serve in the Sub 

Branch Executive Committee shall by virtue of their positions become ex-officio members of that Sub Branch Executive Committee (membership is restricted to the Constituency where one has voting rights). 


THE BRANCH LEVEL (COUNTY) 

Branch Convention (BC) 

It shall comprise of the elected Party officials from all Sub-Branches in the Branch and shall meet once a year. 


Branch Executive Committee (BEC) 

The Branch Convention shall from amongst themselves elect the twenty- two (22) Branch Executive Committee members who shall serve in the capacities specified under Article 9 of this Constitution. The BEC shall meet at least once every three months or as advised by NEC through the Secretariat. 


It is mandatory that 

  1. At least one third (1/3) of the Branch Executive Committee members be of either gender. 
  2. The Party elected and/or nominated County Assembly Representative, MP(s), Governor, Deputy Governor and Senator if not previously elected serve in the Branch Executive Committee shall by virtue of their positions become ex-officio members of that Branch Executive Committee (membership is restricted to the Branch where one has voting rights). 


ROLES AND FUNCTIONS OF THE/WARD/SUB BRANCH (Constituency) AND BRANCH LEVELS (County) 

The functions of the various levels shall be to: 

  1. Disseminate Party policy documents and policy positions, create visibility and publicity for the Party in their respective areas of jurisdiction; 
  2. Continuously mobilize and recruit new Party members and galvanize support for the Party. 
  3. Generate consensus on key political, economic and social policies of the Party, iv. Monitor needs of the people in their area of jurisdiction and accordingly advise the relevant party organ. 
  4. Monitor performance and National and County governments and other public officials and make recommendations thereon
  5. Promote harmony amongst Party members and other residents in their area. vii.        Set up a Party office complete with a secretariat where applicable. viii.  Raise financial and other resources for Party programmes and activities. 
  6. Maintain an updated register of members and forward a copy to the National Secretariat through established mechanism. 
  7. Identify, recruit, and induct potential aspirants and candidates for all elective positions; 
  8. Undertake disciplinary functions within their jurisdiction and recommend necessary disciplinary measures. 
  9. Do all other things necessary to promote goals, aims, purposes and objects of the Party. 
  10. Undertake any other functions assigned by the Party’s NEC. 


THE NATIONAL DELEGATES CONVENTION (NDC) 

There is established an organ of the Party called the NDC.

Composition 

The NDC shall consist of: 

  1. Branch Executive Committee members 
  2. Chairpersons of sub-branches 
  3. National Assembly Caucus 
  4. Senate Caucus 
  5. Governors Forum 


Powers and Duties of NDC 

The functions of the NDC shall be to: 

  1. determine and articulate the party’s principles, policies and programmes. 
  2. generate consensus on the party’s key political, economic and social policies. 
  3. Mobilize the people to ensure full participation in implementation of the party’s political, economic and social policies. 
  4. Promote national unity and solidarity in line with the national values and principles of governance; 
  5. Consider any other such items as may be referred to it by NEC 
  6. Assign such tasks to NEC as it may deem fit. 
  7. Examine and approve audited accounts and to set the scale of annual dues to be paid by party members  
  8. Approve the party’s budget. 
  9. Consider, modify and when fit, ratify rules, regulations, or by-laws for the better implementation of the provisions of this constitution and achievement of the party’s vision. 
  10. Hold an annual special meeting to examine and approve audited accounts and to set the scale of annual dues to be paid by party members. 
  11. Receive, examine and approve the party’s annual report. 
  12. Approve the auditors appointed by NEC 
  13. NDC meetings shall be held once every five (5) years. 
  14. A special NDC may be held as and when the chairperson in consultation with the NEC deems it fit or a special NDC may be called by a resolution in writing by, at least, two thirds of members of NEC. xv. NDC shall be convened by the chairperson or in absence of the chairperson or inability thereto, by the Deputy National Chairperson. 
  15. A special NDC may be convened in the manner described above or by any one of the members of the NEC who shall have chosen at the point of making the resolution by the 2/3 members of the NEC. 
  16. In convening NDC, the SG in consultation with the National chairperson shall publish in a media venue and agenda for the Convention and give notice of, at least, twenty-one (21) days provided that for a special NDC meeting, fourteen (14) days’ notice shall be given. 
  17. In convening the special NDC, the SG or DSG in consultation with the person chosen by the 2/3 members of the NEC shall publish in the media and give notice of 14 days. 


NATIONAL ELECTIONS AND NOMINATIONS BOARD (NENB) 

There is hereby established an organ of the Party called the NENB 

Composition of NENB 

The NENB shall be constituted by NEC and it shall consist of nine (9) persons of integrity appointed by NEC. 

  1. The Director of Elections and his/her Deputy shall be ex-officio members of NENB. (ii) NEC shall appoint the Chairperson of the Board, the Director and Deputy Director of Elections on recommendation of the National Management Committee (NMC); the board at its first sitting shall appoint the Deputy Chairperson. 
  2. The Chairperson shall head the Board and preside over its meetings. The Deputy Chairperson shall in the absence of the Chairperson perform the duties of the office of the Chairperson. 
  3. The Director of Elections shall be Secretary to the Board. Members of NENB shall hold office for a period of one term of five (5) years, renewable once. 
  4. The Director of Elections, the Deputy Director and all other persons in the Board shall not seek office in the immediate General election. 


Powers and Duties of NENB 
  1. NENB may from time to time make rules, regulations, orders or notices for ensuring conduct of free, fair, peaceful and transparent elections and nominations. 
  2. NENB in consultation with the NMC shall organize, coordinate and supervise all Party elections and nominations in accordance with party nominations and elections Rules and Procedures. iii. NENB, on recommendation of the NEC shall make, amend or alter party nominations Rules and Procedures. 
  3. NENB shall appoint appropriate officers to conduct party elections or nominations at National, Branch, Sub Branch, Ward and polling centre levels. 
  4. NENB shall vet Party nominees for appointment by the requisite Party Organ to any position that the Party by law nominates to in consultation with the National Management Committee. 
  5. The National Chairperson, SG and Deputy National Chairperson shall sign under the seal certificates of nominations. Any two (2) of three (3) to sign. 
  6. NEC shall cause an account to be opened in the name of NEB to collect all funds paid as nomination fees and direct all expenditure on the account. 
  7. NENB shall consist of a chairperson and eight (8) other persons all of whom shall be of good standing and integrity and who shall not be seeking nominations as party candidates in Elections. 
  8. In appointing the NENB members, NEC shall have regard and ensure that, at least, one third (1/3) representation of either gender in accordance with the party constitution and Kenya’s Constitution 2010. 
  9. NENB may establish dispute resolutions panels at the Branch, Sub Branch, Ward and polling centre levels. The panels are ad hoc in nature. 
  10. Provided that where the NENB has for any reason been unable to perform all or any other duties specified herein above, NEC shall assume all the powers and duties of the NENB. 
  11. NENB shall be independent and act in accordance with the rules of natural justice and in consultation with NEC. 
  12. Carry out any other functions assigned to it by the NEC, or NDC. 
  13. NENB in consultation with NEC shall collect all funds paid as nomination fees and all direct expenditure or remittance to the Party in conjunction with NEC. 


COMMISSIONS/COMMITTEES 

Composition of Commissions and Committees 

The commissions/committees shall be constituted by NEC on need basis. 

Powers and Duties of Commissions/Committees 

The terms of reference shall be determined by the National Executive Committee 


One (1) after the general election, the SG shall cause the National Assembly, Senate and County Assemblies caucuses to be formed. 

In the formation of the National Assembly, (NA) caucus, the following shall be done: 

  1. The SG shall issue a letter to any member of the NA to convene a meeting at the National Secretariat for purposes of electing the NA caucus officials. 
  2. The SG shall preside over the elections. 
  3. The results shall be communicated in writing to those elected. 
  4. Positions of chairperson, secretary, treasurer and whip shall be contested by secret ballot. 
  5. The caucus shall be subject to all Party Rules. 
  6. Leadership elected shall be in place unless there is a breach of party rules or resignation. 


In forming County assembly caucuses, the following shall be done: 

  1. The SG shall cause a letter to be released to all county secretaries to convene a meeting in their respective county assemblies for purposes of electing the caucus. 
  2. Positions of chairperson, secretary, treasurer and whip shall be contested. 
  3. The election shall be by secret ballot and shall be presided over by the County secretary. 
  4. The results shall be communicated in writing to those elected. 

The leadership shall be in place unless there is a breach of rules and resignation. (f) The caucus shall be subject to Party rules.

Party Discipline 

  1. All party members shall be treated equally before the law and shall be disciplined in accordance with provisions of this constitution without fear or favour; 
  2. Any TAKE official or person nominated by the party to hold, or to contest party elections for public office shall be required to pass the leadership and integrity test in line with Chapter six (6) of our country’s Constitution. 
  3. Party members shall not be or become a member of, or support any other political party or group, or engage in activities that are inconsistent or in conflict with aims, objects, policies and decisions that are collectively taken by the Party. 
  4. Party members should not take part in fueling conflicts or creating divisions within the party ranks, membership and undermine the party’s effectiveness. 
  5. Party members shall not conduct themselves in a disgraceful, disorderly and dishonorable manner that is likely to undermine the party, bring it into disrepute or expose it to ridicule. 
  6. A complaint by any person alleging that an offence has been committed shall be made in writing to the sub-branch secretary/Branch Secretary/National SG who shall forward the same to SBEC/BEC/NEC respectively. 
  7. SBEC/BEC/NEC shall in the first instance handle and determine any complaints. 
  8. SBEC/BEC/NEC may delegate its discipline powers to a committee and should the complaint not be satisfied, he/she may appeal as provided for under Article 23 of this Constitution. 
  9. Offences shall be classified as misdemeanor or gross indiscipline. 
  10. Failure to attend three (3) consecutive meetings of any party organ shall constitute an offence. 
  11. Where a person is found guilty of an offence under this article, SBEC/BEC/NEC shall impose any or more of the following disciplinary measures: 
    • Reprimand; 
    • Demand written apology; 
    • A fine, compensation, or restitution; 
    • SBEC/BEC to recommend to NEC suspension from the Party. 
    • SBEC/BEC to recommend NEB the exclusion from Party 
    • Elections or nominations 
    • SBEC/BEC to recommend to NEC dismissal from office; 
    • SBEC/BEC to recommend to NDB revocation of nomination; ix.      SBEC/BEC to recommend to NEC recall from any office; 
    • SBEC/BEC to recommend to NEC expulsion from the Party. 
    • Any other disciplinary measure as prescribed by NEC. 
    • Where there are recommendations of punishments, NEC may affect punishments immediately pending ratification by NGC.