The Kenya Secondary School Heads Association (KESSHA) is a professional organization comprising of about 7,000 members drawn from public and private Secondary Schools in the republic of Kenya. The members are school principals only.
THE KESSHA CONSTITUTION
KESSHA’s vision is to “be a globally competitive and dynamic professional body in the education sector”.
We keep abreast with contemporary national and global educational issues and participate in formulation and implementation of policies.
KESSHA’s mission is to “provide exemplary leadership, training and foster partnerships for quality education”.
Our goal is to collaborate with all stakeholders and partners in building leadership capacity of all the Association’s organs, strengthen curriculum delivery programmes, forge global networks to facilitate learning and address emerging issues in education.
“Professionalism, Our Commitment”
We pledge our commitment to professionalism at all times in all our endeavours.
KESSHA is a professional body committed to engaging all stakeholders in the education sector in the provision of quality education and establishment of participatory governance systems in secondary schools. We endeavour to empower our members with the requisite knowledge, skills and attitudes to deliver the desired outcomes of the education system.
KESSHA works with partners and all stakeholders whose objectives are geared towards promoting innovative ways of improving the quality of education. We proactively engage the corporate bodies, government institutions, Non-Governmental Organisations and International Aid Agencies in pursuit of our vision and mission.
We uphold integrity as the guiding principle in all our operations and ensure excellent stewardship of the resources entrusted to us by instituting management systems that enhance transparency and accountability in all programmes.
We are a strong team drawn from across the country and determined to make a difference in the management of education in Kenya.
We are a National Body that serves and treats all its members equally irrespective of their geographical, gender, cultural, ethnic, political, religious backgrounds or affiliations and abhor discrimination of whatever nature.
The Association constituted by this Constitution shall be known as “The Kenya Secondary Schools Heads Association” hereinafter referred to as “KESSHA” or simply the “Association”.
- REGISTERED OFFICE:
The Registered Office, which shall be the seat of the Association, shall be situated at Transnational Plaza, Mama Ngina Street 4th Floor, Room No. 415 in Nairobi or at such an address in Nairobi as the Association may from time to time determine at its Annual General Meeting.
The Association shall be non – political and may form Branches and Sub-branches. The objectives shall be as follows:
- Promote the rights and responsibilities of Principals, their professional organizations and the material and ethical interests of the teaching profession.
- Promote the interaction of people and exchange of professional publications among the constituent groups, and encourage participation in meetings and conferences across national boundaries.
- Foster school curricula, which encourage international understanding, goodwill, respect for human rights and dignity across all races and cultures.
- Promote and encourage equal opportunities for all young persons to develop to their fullest potential in achieving a respectable and productive quality of life.
- To assist members to give effective and well directed service to their own schools and communities.
- To establish sound, co-operative liaison with the Ministry of Education, Teachers Service Commission (TSC), Kenya National Union of Teachers (KNUT), Kenya Union of Post Primary Education Teachers (KUPPET), including other professional bodies within and without the country, as well as with employers interested in recruiting the services of the students leaving schools.
- To formulate and publicize agreed policies concerning administrative and educational problems with which heads of schools may from time to time be concerned.
- To organize regular exchange of opinion and experience on all matters concerning the teaching profession, nationally and internationally.
- To enable members to assist one another in their dealings with the stakeholders.
- To participate in making education policies in liaison with the Ministry of Education and Teachers Service Commission.
- To be involved in running co-curricular activities up to the international level and to promote and enhance the professional image of principals.
- To promote quality education and standards in the country.
- ORGANS OF THE ASSOCIATION:
The Association shall comprise the following organs which may be subject to change by the Annual Delegates General Meeting/Conference.
- The Annual/Special General Meeting/Conference.
- The National Governing Council.
- The National Executive Committee.
- The National Secretariat.
- The Electoral College
- Annual Delegates General Meeting/Conference:
The Annual General Meeting/Conference otherwise known as (A.G.M.) is the supreme organ vide which the Association shall conduct its ordinary business.
The Annual General Meeting/Conference shall be convened by a twenty one (21) clear days’ Notice in writing, duly signed by The Secretary, accompanied with the Agenda and a Statement of Annual Audited Accounts. The A.G.M. shall be held not later than the month of August of each year.
- The Agenda for the Annual General Meeting/Conference shall be as follows:
- Notice convening the Meeting/Conference.
- Confirmation of the minutes of the previous Annual General Meeting/Conference.
- Consideration of Audited Accounts
- Election of office bearers as spelt out in article 5 (a)
- Approval of Audited Accounts.
- Appointment of auditor.
- Such other matters as the National Governing Council may decide or for which a member shall have given notice in writing to the National Secretary at least twenty eight (28) clear days before the date of the meeting/conference.
- Any other business with the approval of the Chairperson.
- Special General Meeting/Conference:
It is hereby provided that other than the Annual General Meeting/Conference there may be convened a Special General Meeting/Conference whose only agenda shall be the special or specific purpose for which it is convened. The Notice for the Special General Meeting/Conference shall be issued in a like fashion as that of the Annual General Meeting/Conference save that its period shall be fourteen (14) clear days. A Special General Meeting/Conference may be requisitioned by a notice by 25% of the membership of the Association from at least 24 counties or by an order of the National Governing Council and must be held within twenty one (21) clear days of receipt of such requisition or order by the National Chairperson.
- The National Governing Council:
There shall be a National Governing Council, hereinafter referred to as “the Council”, which shall act as the Supreme Organ of the Association immediately below the Annual General Meeting/Conference and whose membership and duties shall be as follows:
- (i). The National Executive Committee.
- (ii). The County Chairperson or his/her alternate.
- (iii). 8 gender representatives for the gender that does not constitute one third of the NGC and as nominated by the 8 regions identified in Article 11(e) who shall be nominated from the serving elected county officials.
- (i). Peruse study and approve the Association’s Financial Statement.
- (ii). Review the activities of the annual events of the Association.
- (iii). Discuss and prepare agenda for the Annual General Meeting/Conference.
- (iv). Approve National and Branch staffing matters.
There shall be two meetings of this organ in any one year and it shall act by simple majority. The National Executive Chairman shall chair the organ.
- The National Executive Committee:
There is constituted a National Executive Committee, otherwise referred to simply as the Committee, whose membership shall comprise all the elected National officials of the Association. It shall have power to coopt other members, as and when appropriate, with duties as follows:-
- DUTIES OF THE NATIONAL EXECUTIVE COMMITTEE:
- The National Committee shall be responsible for the management of the Association and, for this purpose, may give directions to the office bearers as to the manner in which, within the law, they shall perform their duties. The committee shall have power to appoint such subcommittee, as it may deem desirable.
- All monies disbursed on behalf of the Association shall be authorized by the Committee.
- The quorum for the meetings of the Committee shall be no less than half of the members.
- Identify, develop and manage the exit of personnel to man the KESSHA Secretariat with approval of the NGC.
- The National Secretariat:
- There is constituted the National Secretariat, situate in Nairobi and headed by the National Executive Chairman.
- The National Secretariat shall run the day to day operations of the Association as well as facilitate its programs nationally including the management of:
- (i). KESSHA Headquarters
- (ii). Venue for KESSHA National Executive Committee
- (iii). Resource/Research facilitating centre.
- The National Secretariat shall consist of the following officials who shall be appointed by the National Executive Committee:
- (i). The Chief Executive Officer
- (ii). The Administrative Officer
- (iii). The Accountant
- (iv). The Marketing Executive
- (v). The Student Council Coordinator
- (vi). The Secretary
- The duties of the National Secretariat Officials shall be as outlined in a Human Resource Manual as prepared and issued by the National Executive Council.
- Funding of The Secretariat:
The sources of funds for the activities of the Association shall be, but not limited to, as follows:-
- (i). Individual Principals’ monthly subscriptions
- (ii). Sponsors, donors, exhibitions
- (iii). Branch Annual Subscriptions
- (iv). Return on investments
- Bank Account:
The funds of the Association shall be managed in a diligent and transparent manner; for which reason the Association shall open, and operate, bank accounts, in its own name, with reputable banks to be managed, on its behalf, by the National Executive Chairman, Treasurer and Secretary as signatories. All monies meant for the benefit of the Association shall be banked in the said accounts; and all the withdrawals there from shall require two signatures, one of them being that of the Treasurer at any one time, provided the Secretariat may maintain a petty cash account the value of which must be approved by the National Executive Committee.
- Funds of the Association:
- The funds of the Association may only be used for the following purposes:
- For running the office and implementing and furthering the objects of the Association.
- For paying travel and subsistence allowances to members attending National Committee, which shall mean and include sub-committee, meetings.
- Annual support of County programmes and activities.
- For such other purposes as may be decided at the general or committee meetings.
- All monies and funds shall be received by, and paid to the Treasurer and shall be deposited by him in the name of the Association in any bank or banks approved by the Committee.
- The Committee here in referred to as N.E.C shall have the power to approach reputable institutions and banks to source and borrow funds to assist in the running of the Association. This shall only be approved by the National Executive Committee or the National Governing Council.
- Payments out of the bank or accounts of the Association will be made by the authorized officers of the Association and all cheques shall be signed by any two of the following:
- The Chairperson
- The Treasurer (Mandatory)
- The Secretary
- The Committee shall have power to suspend any office bearer who it has reasonable cause to believe is not properly accounting for any funds or property of the Association and shall have power to appoint another person in his or her place. Such suspension and appointment shall be reported to the next Governing Council. In case of any changes of the office the Committee shall have powers to appoint another person.
The office bearers of the Association shall be:-
- The Chairperson
- The Vice Chairperson
- The Secretary
- The Assistant Secretary
- The Treasurer
- The Assistant Treasurer
- Organizing secretary
- Assistant organizing secretary
- 2 Gender Representatives of an underrepresented gender
- 3 Trustees
- The National Programme Co-ordinator
- Not more than 3 co-opted members to represent special interest
- All of whom shall be ordinary members of the Association and shall be elected by delegates who form the Electoral College at National level and in the case of County and sub-County levels, by universal suffrage of members before the Annual General Meeting after every five years. Provided that for one to be eligible for election to a national office one must have been a Principal for no less than five (5) years and three (3) years for a county office.
- All office bearers shall hold office from the date of election until the succeeding 5th year meeting, subject to the conditions contained in sub paragraphs (c) and (d) of this rule, but they shall be eligible for election for a maximum of two terms in the same position. The said term limit shall not take into account the period served in offices held in an acting capacity.
- Any office bearer who ceases to be a member of the Association shall automatically cease to be an office bearer thereof.
- Office bearers may be removed from office in the same way as is laid down for the suspension and expulsion of members as stated in Article x on Disciplinary Procedures and vacancies thus created shall be filled by persons as outlined in the provisions of this Constitution.
- Any office falling vacant through unforeseen circumstances shall be filled forthwith by the officer’s vice or deputy. The ascending Vice or Deputy’s position shall be filled by appointment by the NGC as shall be the case for an office without a vice or a deputy. The region from which the subsequently vacant office, whether it is a vice/deputy or an office without a vice/deputy, shall nominate a person to the NGC for confirmation and appointment to a position in the NEC. Such a person will hold office until the next election. The NGC is the appointing body and shall reserve the authority to fill vacant offices from within the NEC, subject to the conditions set out in this clause.
- The holders of the above offices shall reflect the face of the nation and gender balance as provided in the Republican Constitution.
- An elected official shall not hold more than one position at a time in the association.
PROVIDED, and it is agreed, that the same order/list shall be replicated, as appropriate, at the Branch and Sub-branch level.
DUTIES OF OFFICE BEARERS:
- The Chairperson.
The chairperson shall, unless prevented by illness or any other sufficient cause, preside over all meetings of the Association’s committees of which he is a member and at all general meetings. In his/her absence, the Vice chairperson will chair the meeting or any other member appointed by the committee/A.G.M. to serve as temporary chairman. He/she or his/her appointee is expected to attend all county Annual Branch Meetings. The Chairperson may take leave of absence from the employer, if need be. He/She shall be the Executive/full time head of the Secretariat and the Association spokesman.
- The Vice-chairperson
The Vice chairperson shall perform such duties as may be assigned to him/her by the Chairperson or by the Committee. In the absence of the Chairperson he/she shall perform the duties of the Chairperson.
- The Secretary
The Secretary shall deal with all correspondences of the Association. In cases of urgent matters where the Committee cannot be consulted, he or she shall consult the Chairperson. The decision reached shall be subject to ratification or otherwise at the next Committee meeting. He/she shall issue notices convening all meetings of the Committee, all general meetings of the Association and shall be responsible for keeping minutes of all such meetings and preservation of all records of the Association and the Committee.
- The Assistant Secretary
The Assistant Secretary shall perform such duties as may be assigned to him/her by the Secretary or by the Committee, and in the absence of the secretary, shall perform the duties of the Secretary.
- The Treasurer
The Treasurer shall receive and disburse, under the directions of the Committee, all monies belonging to the Association and shall issue receipts for all monies received by him/her and preserve vouchers for all monies paid by him/her. The treasurer is responsible to the Committee and to the members that proper books of account of all monies received and paid by the Association are well kept, preserved and available for inspection.
- The Assistant Treasurer
The Assistant Treasurer shall perform such duties as may be specifically assigned to him/her by the Treasurer or by the Committee and in the absence of the Treasurer, shall perform the duties of the Treasurer.
- Organizing Secretary
The Organizing Secretary shall deal with logistics of calendar of activities of the Association, marketing, protocols and be the programme officer for the Association. He or she shall consult the Chairman on Committee meetings and make arrangements for both local and international meetings. She/he shall book venues and avail all the necessary materials needed for the smooth running of the meeting.
- Assistant Organizing Secretary
The Assistant Organizing Secretary shall perform such duties as may be specifically assigned to him/her by the Organizing Secretary or by the Committee and in absence of the Organizing Secretary, shall perform the duties of the Organizing Secretary.
- National Programme Co-ordinators
The National Programme Co-ordinator shall co-ordinate all activities of POYA, TOYA and Student Council or any other activity as directed by the National Chairman.
- Gender Representatives
The Gender Representatives duties shall be as assigned by the Chairperson and the NEC and shall include a sitting committee as assigned by the Chairperson to ensure equality of access to opportunity.
The Roles of the Trustees shall be as outlined in Article 9 and shall include any other duties as assigned by the Chairperson and the NEC.
The Association shall have three (3) categories of members, to wit:
- Ordinary member—who shall be fully paid up members who are serving Principals in Public schools.
- Honorary member– This category of membership is by invitation and is reserved for retired Principals who may offer special services to the Association.
- Associate member—this shall be by invitation reserved for principals of Private schools and those who bring unique/special expertise to the association.
- Any head that is the Principal (whether substantive or acting) of a Secondary School conducting courses leading to KCSE, or an equivalent standard of educational attainment and such institutions approved by the Ministry of Education shall become members by subscription and may continue being members on successful retirement. Membership is voluntary.
- Individual membership is by virtue of holding a position. Each member will pay a monthly fee as approved by the A.G.M. to be deducted by Teachers Service Commission (TSC).
- Every Branch shall pay an annual subscription, in addition to the monthly subscription in clause b) above, as decided by the National Governing Committee with the approval of the Annual General Meeting/Conference.
- Any person who resigns or is removed from membership shall not be entitled to a refund of his/her valid subscription, or any part thereof, or any money validly contributed by him/her at that time.
- Any member who falls into arrears with his annual subscription for more than one year shall automatically cease to be a member of the Association and his name shall be struck off the register of members. The Council may, however, at its discretion, reinstate such a member on payment of the total amount of subscription outstanding.
- The Committee, subject to ratification by the Council, shall have the power to enlist honorary members and patrons. Honorary members should be retired Principals.
- The Committee shall have the power to enlist associate members who will pay the same annual subscription as ordinary members.
- All fully paid up members shall be issued with Association membership cards that must be presented for participation in Association meetings and activities.
- (i). All offices of the Association shall be elective, except as may be otherwise provided herein, and holders thereof shall remain in office for five (5) consecutive years and shall be eligible for election for a maximum of two terms; where a “term” is hereby declared and understood to be five years.
- Elections for national office bearers shall be ratified by members at the Annual General Meeting/Conference and at an equivalent gathering of members at the Branch and Sub-branch level after elections as conducted under Article 5 (a).
- Only ordinary members shall constitute the Electoral College or enjoy the right to vote by universal suffrage at County and Sub-County level.
- No member shall be eligible for election to national office unless he/she has been a Principal for five (5) years or for three (3) years, in the case of branch and sub-branch offices.
- Further, for one to be elected to office, one must be up to date with all his/her obligations, including payments, to the Association.
- Once elected, one is entitled to remain in office for five (5) years, at the end of which one is entitled to be elected for a further five (5) years, provided that one shall not serve for more than two (2) terms in the same office; where a term means five (5) consecutive years.
- All elected officers, including at the branch and sub-branch level, may be suspended from office by the National Governing Council, in which event, the National Governing Council shall forthwith temporarily fill the temporary vacancy, pending the resolution of the cause for the suspension by the National Governing Council or the Annual General Meeting/Conference, in the case of the national officials or the branch or sub-branch in case of the lower cadre. The suspended official has a right to mount his/her defence before a decision is made.
- Any casual vacancy arising at the national level shall be temporarily filled by the National Governing Council as per Article 5(e) provided that should the vacancies consist of more than 50% of the national office the National Governing Council shall be obligated to convene a Special Electoral College forthwith to fill the vacancies.
- S.C. county directors shall preside over county elections and an NEC member shall monitor County Elections and a County Official shall monitor sub-county elections to ensure compliance with the provisions of this Constitution.
- Handing/Taking over process:
There shall be a formal handing over exercise within one month of the elections.
- The formal handing/taking over exercise shall be presided over by a KESSHA official as designated by the NEC who shall file a report to the national office; the National Office shall select a 3 member Committee from the NGC and preside over the handing/taking over exercise.
- The exercise shall include but not be limited to handing/taking over of the following items:
- Up-to-date accounts of the Association
- Inventory of Assets and Liabilities
- All relevant records, documents and inventories
- Office personnel (where applicable)
PROCEDURE AT MEETINGS:
At all meetings of the Association, the Chairperson, or in his/her absence, Vice Chairperson or temporary Chairperson selected by the meeting shall take the chair.
The Chairperson may, at his/her discretion, limit the number of persons permitted to speak in favor or against any motion.
Resolutions shall be decided by simple voting by a show of hands or by ballot according to the Chairpersons decision. In the case of equality of votes, the chairperson shall have a second or casting vote.
Quorum at all meetings of the Association shall be 50% of those entitled to attend.
- Any office-bearer at national, county and sub-county level may be suspended, and upon a hearing, be expelled from office on the following grounds:
- Fundamental breach of the provisions of this Constitution
- Financial impropriety
- Conviction of a felony offence under the laws of the Republic
- Bringing the Association into disrepute
- Gross misconduct
- Upon a receiving a report and after preliminary investigation, the NEC and the County Governing Councils at National level and County and Sub-County level respectively, may suspend an office- bearer from office on the stated grounds.
- The suspended official shall put in a written defense to the NEC and County Governing Council respectively within 14 days of the letter of suspension.
- The NEC or Governing Council shall convene a hearing within 30 days and upon determination, may acquit or expel the suspended official.
- Provided that if the suspended official is an NEC member, the NGC shall constitute a disciplinary committee to hear and determine the suspended official’s case.
- Vacant positions shall be filled in accordance with Article 5(e) herein
All land, buildings and other immobile property and all investments and securities shall be vested in the names of all the three trustees who shall be members of the Association and shall be appointed as in accordance with the provisions of this Constitution as per Articles 5 and 7.
The trustees shall pay all income received from property vested in the trustees to the Treasurer. Any expenditure in respect of such property which in the opinion of the trustees, is necessary or desirable, shall be reported by the trustee to the Committee which shall authorize the expenditure of such monies as it deems fit.
At least one auditor shall be appointed for the following year by the Annual General Meeting. All the Associations Accounts, records and documents shall be open to the inspection of the auditor at any time. The Treasurer shall produce an account of his receipts and payments of assets and liabilities made up to date which shall not be less than three weeks and not more than three months before the date of the Annual General Meeting. The auditor or auditors, shall examine the Annual Accounts and statements and either certify that they are correct, duly vouched and in accordance with the law, or report to the Association in what respect they are found to be incorrect, un-vouched or not in accordance with the law.
A copy of the auditors report on the accounts and statements together with such Accounts and statements shall be furnished to all members at the same time as the notice convening the Annual Delegate General Meeting is sent out. An auditor may be paid such honorarium for his duties as may be resolved by the Annual General Meeting appointing him/her.
No auditor shall be an office bearer or a member of the Committee of the Association.
Branches, sub-branches of the Association may be formed with the approval of the Committee and the Registrar of Societies and they will adopt the same constitution as that of the Association with the following exceptions:-
- Amendments to the constitution can only be made in accordance with Article 8 (b) of this Constitution.
- The same as in (a) hereof shall apply to branches but on condition, branches will not be dissolved without consultation with the headquarters.
- There will be one branch in each county.
- There will be one sub-branch in each sub-county.
- This Constitution recognizes the following regions for administrative purposes and from which shall be derived the 8 gender Representatives to the NGC:
- Metropolitan Region
- Coastal Region
- Lake Region
- Aberdares Region
- Nzoia Region
- Mau Region
- Nothern Region
- Highlands Region
AMENDMENTS TO CONSTITUTION:
Amendments of the constitution of the Association must be approved by at least a two third (2/3) majority of members of the National Executive Committee and shall be ratified by at least (2/3) majority of National Governing Council and ratified by the AGM. Any such amendments shall be filed at the Registrar of Societies.
- The Association shall not be dissolved except by a resolution passed at a general meeting of members by a vote of two thirds (2/3) of registered members. The quorum at the meeting shall be as shown in Article (8 d). If no quorum at the meeting is obtained, the proposal to dissolve the Association shall be submitted to a further general meeting which shall be held within one month later. Notice of this meeting shall be given to all members of the Association at least 14 days before the date of the meeting. The quorum for this second meeting shall be the number of members present.
- Provided however, that no dissolution shall be affected without prior permission in writing, of the Registrar, obtained upon application to him made in writing and signed by three of the office bearers. PROVIDED that the Registrar may, as may by law be provided, on his own motion dissolve the Association.
- When the Registrar has approved the dissolution of the Association, no further action shall be taken by the Committee or any office bearer of the Association in connection with the objectives of the Association other than to get in and liquidate for cash, all the assets of the Association. The balance thereof shall be used for such education purposes as may be resolved by the meeting at which the resolution was passed.