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THE CONSTITUTIONS AND ORDINANCES OF ARFK
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Preface

We form a group of formators under the umbrella of the Religious Superiors Conference of Kenya and the Association of Sisterhoods of Kenya in collaboration with the Kenya Conference of Catholic Bishops. We work in formation ministry under different congregations, Societies and by extension the dioceses. The association is mainly composed of the religious formators working in Kenya but collaborating with other formators in East Africa/Internationally.

Article I: Name and Purpose

Section A. NAME

  1. The official name for this Group is Association of Formators of Kenya
  2. This group will use the name or its acronym (ARFK), in all publicity materials and correspondence.

Section B. PURPOSE/OBJECTIVES

  1. The purpose of this association is to empower the formators for a better ministry in formation of young religious to familiarize with, share ideas, support and build a communion of formators in formation ministry.
  2. To utilize the available resources within a given locality to update and empower the formators in accompaniment of the formees within different stages of formation (aspirants, postulants, novices, juniors/ongoing formation).
  3. To equip the formators with skills that will help accompany the formees.
  4. To open up to the value adding ideas of the local ordinaries, RSCK, AOSK towards the transformation of formees for the good of the Church.
  5. To improve the social support system of the formators.
  6. To promote formation ministry in general both locally and internationally.
  7. To promote the spiritual welfare of the formators/formees by teaching the Catholic faith throughout all the levels of engagement within the formation ministry.
  8. All activities of this association must be directed towards this purpose.

Article II: Membership

  1. All current clergy, religious men and women working in formation are eligible to be active members (Dully Registered with Ksh. 1000).
  2. Formators of the National Seminaries in the Dioceses of Kenya and formators in Eastern Africa are eligible to be non-active members. (Not dully registered).
  3. All members are required to demonstrate support for the purpose of this Association.
  4. Membership decisions will not discriminate on the basis of status (Priests, Deacons, Brothers, Sisters)
  5. All members are required to annually pay (Kshs.1000) non-refundable renewal fee.

Section B. RIGHTS

  1. All members are eligible to attend all meetings and events of this Group.
  2. If a fee is charged to attend a particular meeting (AGM), the membership will establish a fee scale for all members as appropriate.

Section C. WITHDRAWAL OF MEMBERSHIP

Members may have their membership withdrawn when they die, cease to work in formation ministry or given other responsibilities that may compromise commitment to the Association.

ARTICLE III. OFFICERS

  1. Chairperson
  2. Vice Chairperson
  3. Secretary
  4. Assistant Secretary
  5. Treasurer
  6. Organizing Secretary

Section B. DUTIES

  1. The Chairperson will chair all meetings of the Association and will call special meetings as needed.
  2. The Vice Chairperson shall chair meeting in absence of the chairperson and any ad hoc committees or task forces of the Association.
  3. The Secretaries will take, record, and file minutes; produce all official correspondence for the Association and maintain records.
  4. The Treasurer will take, record and report on the financial transactions of the Association.
  5. The Organizing Secretary will direct the planning of the Association events/activities (AGM, Meetings)

Section C. REQUIREMENTS FOR RUNNING FOR AND HOLDING OFFICE

  1. All leaders and candidates for office must be registered as members of the Association of Formators of Kenya.
  2. All leaders must be eligible members of the Association of Religious Formators of Kenya.

Section D. NOMINATIONS AND ELECTIONS

  1. Nominations for all offices will be made during the Annual Workshop.
  2. Any member may nominate any other member, including himself or herself for any leadership.
  3. Elections will be held at the third Annual Workshop.
  4. A simple majority vote of the quorum present at Annual Workshop will be sufficient to elect a leader. If there are more than two candidates and no candidate receives a majority, there will be a run-off vote between the top two vote recipients in the Annual Workshop.

Section E. REMOVAL FROM OFFICE

  1. A leader may be removed from office for failure to perform duties or for violation of membership clause.
  2. Leaders to be voted upon in this regard will be notified of the intention to do so in writing at least six months prior to the meeting at which the vote will be taken.
  3. A two-thirds majority of quorum present at a regularly scheduled meeting shall be sufficient for removal from office.
  4. Any leader may resign by submitting a letter to the chairperson.
  5. The chairperson may resign by submitting a letter to the Vice chairperson.

Section F. TERMS OF OFFICE AND VACANCIES

  1. The term of office shall be from the moment of election until the third Annual Workshop of the three‑term period.
  2. Should a vacancy in office occur, there will be another nomination and election procedure for the vacant office.
  3. In the event of resignation of one of the leaders, the Vice Chairperson will assume the duties of the Chairperson, the Secretary will assume the duties of the Vice Chairperson, the Assistant Secretary will assume the duties of the Secretary, and the Organizing Secretary will assume the duties of the Treasurer.

ARTICLE IV. MEETINGS

Section A. EXECUTIVE MEETING

There will be at least quarterly meetings of the Executive at any convenient day.

Section B. GENERAL MEETINGS

General meetings of various chapters for example Nairobi, Mombasa and Nakuru, may be called by the Executive team within the year. Notice of special meetings must be communicated to all members at least one month in advance of the meeting.

Section C. ANNUAL MEETINGS

There will be Annual General Meeting/ Workshop at the end of the year.

ARTICLE V. COMMITTEES

Section A. EXECUTIVE COMMITTEE

  1. This will be the main committee of the group, whose purpose is to plan events and programs for the group.
  2. All decisions of the Executive Committee involving committing of the group’s funds in amounts greater than agreed in the structures will require the approval of the majority of members present at the regular or special meeting of the group.

Section B. ORGANIZING COMMITTEE

  1. The Organizing Committee shall maintain its status quo with the purpose of planning events and programs for the members in conjunction with the Executive Committee.
  2. All decisions of the Organizing Committee involving financial transactions will depend on the plans of members.
  3. The Organizing Committee will carry out assessment and feasibility study on special needs of the members in formation ministry.
  4. The Organizing Committee will work with the Executive to approve and carry out any transactions with consent of members.

Section B. OTHER COMMITTEES

  1. Other committees may be created by a majority vote of the members at a special meeting of the Association or during the AGM/Annual Workshops.
  2. In creating such committees, members must specify the purpose, duration and leadership structure of that committee.

ARTICLE VI. AFFILIATIONS

Section A. RSCK AND AOSK

  1. This group is a recognized membership of Association of Formators of Kenya under the umbrella of Religious Superiors Conference of Kenya (RSCK) and Association of Sisterhoods of Kenya (AOSK).
  2. In all activities and financial transactions, it may refer to itself as Association of Formators of Kenya.
  3. Association of Formators of Kenya accepts full financial responsibility for all their activities.
  4. The members agree to abide by all pertinent policies and regulations of RSCK and AOSK. Where the Formators’ in Kenya policies, regulations, and guidelines differ from those of RSCK and AOSK; the policies, regulations, and guidelines of RSCK and AOSK take precedence.
  5. This Association recognizes and understands that RSCK and AOSK assume NO financial liability for the activities of the Association.

Section B. DIOCESE AFFILIATIONS

  1. The Association of Formators of Kenya will operate under the Dioceses of existence in the formation ministries.
  2. Where the Diocese guidelines, regulations, or policies differ from those of the Association of Formators of Kenya; the policies, regulations, and guidelines of the Diocese take precedence.

ARTICLE VII. ASSOCIATION ADVISORS

Section A. ADVISOR REQUIREMENTS

  1. This Association may appoint a primary advisor by majority vote of membership.
  2. Other persons may serve as special advisors as needed.

Section B. DUTIES

  1. The advisor must sign the recognition application each year.
  2. The executive should meet with the advisor twice per year.
  3. An advisor may not vote in the Association matters, hold office, or unduly influence decisions of the Association of Formators of Kenya.

ARTICLE VIII. BY-LAWS AND AMENDMENTS

Section A. BY-LAWS

  1. By-laws can be added to this constitution by a simple majority vote of the entire membership at the Annual Workshop.
  2. This constitution takes precedence over any and all by-laws.
  3. The Diocese policies and federal laws take precedence over the constitution and any or all by-laws.

Section B. AMENDMENTS

  1. This constitution can be amended by a two-thirds vote of the entire membership at the Annual Workshop.
  2. Notification of such a motion must be made to members at least a year in advance of the one in which the actual vote is taken.
  3. All amendments shall be in consonance with the Formators in Kenya regulations and policies and shall be filed by the Executive.

ARTICLE IX. FINANCIAL MATTERS

Section A. TREASURIES

  1. All funds shall be directed to the Association account/Treasurer.
  2. The Association will decide on possibilities of opening an account or other ways of keeping safe the Association funds.

Section B. RESPONSIBILITIES

  1. Registered members must follow the Association policies applying to activities in all financial matters and accept full responsibility for all activities of the Association.
  2. The members shall have the right to audit the financial records of this Association.

ARTICLE X. DISSOLUTION

  1. The Association of the Formators shall NOT be dissolved except by a resolution passed in a General Meeting of members by a vote of two‑thirds of the registered members of the Association.
  2. Provided however that no dissolution shall be effected without prior permission in writing of the Ordinariate, RSCK and AOSK, obtained upon application in writing and signed by three of the office bearers.
  3. When the dissolution of the Association has been approved, no further action shall be taken by the Executive Committee or any office bearer of the Association in connection with the aims of the Association other than to liquidate for cash all the assets of the Association subject to the payment of all the Association’s debts.
  4. The balance thereof shall be distributed in such a manner as may be resolved by the meeting at which the resolution for dissolution is passed.

ARTICLE XI. INSPECTION OF ACCOUNTS AND LIST OF MEMBERS

The books of account and all documents relating thereto and a list of members of the Association shall be available for inspection at the registered office of the Association by any officer or member of the Association on giving not less than seven days’ notice to the Association.

ARTICLE XII. INDEMNITY

  1. 1. Every Member of the Executive Committee and other officer or member of the Association shall be indemnified against all costs, losses and expenses which any such officer or member may lawfully incur or become liable by reason of any contract properly entered into or his acts or deed as such officer or member or in any way in the discharge of his/her duties including travelling expenses and it shall be the duty of the Executive Committee out of the funds of the Association to pay all such costs, losses and expenses.
  2. 2. No Member of the Executive Committee and no officer or member of the Association shall be liable for the acts, receipts, neglects or defaults of any other Member of the Executive Committee or officer or member or for joining in any receipt or other act for conformity or for any loss or expense happening to the Association through the insufficiency or deficiency of the title to any property acquired by the order of the Executive Committee for or on behalf of the Association or for the insufficiency or deficiency of any security in or upon which any of the monies of the Association shall be invested or for any loss or damage arising from the bankruptcy, insolvency or tortious acts of any person with whom any monies securities or effects shall have been deposited or for any loss occasioned by any error of judgment or oversight on his part or for any other loss, damage or misfortune whatsoever which shall happen in the execution of the duties of his/her office or in relation thereto.
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