1. NAME
The name of
the organization shall be the Kenyan
Communist Party (KCP).
2. SYMBOL AND FLAG
The symbol of
The Kenyan Communist Party shall be
a black star containing a gold hammer and sickle. The flag of the Kenyan Communist Party shall be red. politic,
green and black with the symbol placed in the top left-hand corner.
3. AIMS
3.1 The Kenyan Communist Party strives to be
the leading national force of the Kenyan working class whose interests it
promotes in the struggle to advance, deepen and defend the national democratic
revolution and to achieve socialism.
3.2 The Kenyan Communist Party shall pursue
this by means of educating, organizing and mobilizing the working class and its
allies in support of our Party and its objectives of completing the national
democratic revolution and achieving socialism.
3.3 The Kenyan Communist Party shall strive to
win acceptance as a vanguard democratically in ideological contest with other
political parties.
3.4 The
ultimate aim of the Kenyan Communist
Party is the building of a communist society in which all forms of
exploitation of person by person will have ended and in which all the products
of human endeavour will be distributed according to need. The attainment of
such a society will require an interim socialist formation in which reward will
be measured by contribution.
3.5 At all
stages the Kenyan Communist Party commits itself to a social order that will
respect completely the cultural, language and religious rights of all sections
of our society and the democratic rights of the individual. The Kenyan
Communist Party will recognise the right to independence of all social organizations
and political parties that function within the ambit of Kenya’s Constitution. This implies a multi-party political framework in which there will be
regular, open and free elections. Within such a framework, the Kenyan Communist
Party will primarily dedicate itself to advancing the interests of the working
class and its allies in democratic contest with other political forces in all
spheres of life.
4. GUIDING PRINCIPLES
In leading
the working class towards national and social emancipation, the Kenyan
Communist Party is guided by those principles of Marxism-Leninism whose universal validity has been proven by historical
experience.
The
foundations of these principles were laid by Karl Marx, Friedrich Engels and Vladimir Lenin and enriched by other great revolutionaries like Amilcar Cabral, Le Duan and Abdul Rahman
Mohammed Babu. In applying the general principles of Marxism-Leninism, the Kenyan
Communist Party is, in the first place, concerned with their indigenous
elaboration and application to the concrete realities of our own developing
situation. More particularly, the Kenyan
Communist Party will work to:
4.1 End the
system of capitalist exploitation in Kenya and to establish a socialist society
based on the common ownership of, participation in, and control by the
producers of the key means of production. Such a society will respect and
protect all personal non-exploitative property.
4.2 Organizer,
educate and lead the working class in the struggle for socialism and the more immediate
objectives of defending and deepening the national democratic revolution and of
achieving national and social emancipation. The main aim of the unfolding
national democratic revolution is to complete the national liberation of the Kenyan
people, to ensure the destruction of the legacy of colonialialism,
neo-colonialialsim and imperialism plus the strengthening of democracy, freedom
and justice in every sphere of life. By participating in this revolution, the Kenyan
Communist Party aims to eradicate patriarchal relations, and weaken and ultimately
destroy the economic and political power of the capitalist class through
struggle for working class hegemony over society,in particular the ownership
and control of the economy and the achievement of one united state of people’s
power. In this state, working class interests will be dominant and the economic
conditions will be created which make it possible to move towards social
emancipation and, eventually, the total abolition of the exploitation of person
by person in both public and private spheres of life.
4.3 Organizer,
educate and advance women within the working class, the poor and rural communities
in pursuit of the aims of the Kenyan Communist Party; and to raise the
consciousness of the working class and its allies around the integral and
oppressive nature of gender relations within capitalism.
4.4 Play a
key role in strengthening the revolutionary alliance of all classes and strata
whose interests are served by the immediate aims of the national democratic
revolution.
4.5 Spread
the widest possible understanding of our basic ideology and its application to
Kenyan conditions, particularly among the working class.
4. 6 Pay
particular attention to uniting the different strata of the working class.
4. 7 Combat
tribalism, racism, sex discrimination, regionalism, chauvinism, and all
forms of
narrow nationalism.
4. 8
Encourage an ongoing national and international dialogue with all organizations
committed to peace, transformation of gender relations, non-racialism,
democracy and the preservation of
our
environment.
4. 9 Promote
the ideas of proletarian internationalism and the unity of the workers of South
Africa and the world.
5. MEMBERSHIP
5.1 Every Kenyan
over the age of 16 who accepts the Constitution, aims, guiding principles,
policies and
programmes of the Kenyan Communist Party, undertakes to carry out its decisions
and to be active in a Kenyan Communist Party structure, pays whatever dues are
decided on, and serves a year as an interim member shall be eligible for
membership.
5.2 The
recruiting of members shall be primarily through the branch structures, under
the supervision of county executive committees, county councils, district
executive committees and district councils.
5.3 A person
applying to join the Kenyan Communist Party shall be an interim member for 1
year. An interim member shall participate in Kenyan Communist Party structures
and activities but shall not have the right to vote or be elected to any
executive structure of the Kenyan Communist Party. To qualify for membership,
the interim member has to become familiar with the Kenyan Communist Party Constitution
and policies, and participate in Party programmes and campaigns. The Branch
Executive Committee, or in the case of a new branch, Sub Committee Executive
Committee or County Executive Committee as provided for in section 21.6, shall confer
membership on an interim member.
5.4 After
consultation with CECs, the Central Committee (CC) shall provide guidelines to
give effect to the provisions in this Constitution on interim membership.
5.5 A person
who does not qualify for citizenship or permanent residence in South Africa may
be accepted as an associate member if his/her application is accepted by the
Central Committee.
An associate
member shall have full constitutional rights and obligations but may not stand
for
election as a
member of the executive at any level of the Kenyan Communist Party.
5.6 Any
applicant refused admission to membership by a branch including an interim
member
having served
a year in the branch shall have the right to appeal against such a decision to
the
District
Council. Should the appeal fail, the applicant shall have the right to refer
such appeal
progressively
up to the higher structures of the Kenyan Communist Party.
5.7 All
members shall renew their membership on an annual basis in order to remain members
of the Kenyan Communist Party, and shall remain active in the work of the Kenyan
Communist Party.
5.8 All new
members of the Kenyan Communist Party shall undergo comprehensive induction
training under the direction of the Branch, Sub County and County structures.
5.9 Every
member has a duty to:
5.9.1
Regularly participate in the activities of the Kenyan Communist Party and
conscientiously implement the policies, decisions and directives of the party.
5.9.2 Study
Marxism-Leninism and endeavour to raise his/her level of understanding.
5.9.3 Read,
engage with and popularise Kenyan Communist Party publications.
5.9.4 Serve
the masses, strengthen ties with them, learn from them, convey their
aspirations to
the Kenyan
Communist Party and work in mass organizations within the framework of Kenyan
Communist Party policies and programmes.
5.9.5 Place
the interests of the workers and the poor above personal interests.
5.9.6
Practice criticism and self-criticism with a view to helping each other and
improving
individual
and collective work.
5.9.7
Cultivate comradely relations towards one another and constantly develop a
fraternal
spirit within
the Kenyan Communist Party.
5.9.8 Act in
a manner that is frank, honest and truthful to the Kenyan Communist Party and
does not betray the interests of the Party.
5.9.9
Safeguard the unity and solidarity of the Kenyan Communist Party and vigorously
defend the interests of the workers and the poor against their opponents.
5.9.10 Act in
the interests of proletarian internationalism.
Discussion
Documents and Position Papers.9.11 Act, in his or her personal conduct, in a
manner which will bring credit to the Kenyan Communist Party and serve as a
standard bearer of the highest communist ethic and morality.
5.9.12
Observe the Kenyan Communist Party Constitution and Party discipline.
5.10 All Kenyan
Communist Party members who earn above a certain amount, as determined by the
CC, shall pay a levy to be determined by the CC from time to time.
5.11 Every
person who joins the Kenyan Communist Party must pledge as follows:
“I accept the aims and objectives of
the Kenya Communist Party and agree to abide by its Constitution and
loyally to carry out the decisions of the
Party.
I shall strive to live up to the
ideals of Communism and shall selflessly serve the workers and
the poor and the country, always
placing the interests of the Party and the workers and the
poor above personal interests.”
5.12 A member in good standing is one who is
paid-up and fulfills the basic requirements set out in this section. The number
of years a member has been in good standing does not include the 1 year served
as interim member, where applicable.
6. BASIC ORGANIZATIONAL PRINCIPLES
6.1 The Party
shall function according to the conventional principles of democratic
centralism that Communist Parties have traditionally adhered to.
6.2 To secure
the unity and cohesion of the Kenyan Communist Party, members are obliged to
defend the Kenyan Communist Party and to carry out its decisions. All decisions
taken by higher structures are binding on all lower structures and individual
members. Members shall have the right to pursue their views internally in the
lead up to conferences or congresses with powers under this constitution to
determine or reverse Kenyan Communist Party policies. No groupings with their
own ideology, theory and discipline shall be permitted.
6.3 All
higher structures shall be accountable to lower structures and to the membership
in the formulation and implementation of policies and, for this purpose, shall
wherever possible ensure regular and effective consultation with lower
structures and the membership prior to the finalisation and implementation of
major policies.
6.4 Save as
provided for in this constitution, all elected office bearers of the Kenyan
Communist Party and all structures with the power to formulate and direct Kenyan
Communist Party policies at any level shall be elected by secret ballot unless
a minimum of 75% of the delegates decide otherwise.
6.5 Members
active in fraternal organizations or in any sector of the mass movement have a
duty to set an
example of loyalty, hard work and zeal in the performance of their duties and
shall be bound by the discipline and decisions of such organizations and the
movement. They shall not create or participate in KENYAN COMMUNIST PARTY
caucuses within such organizations and the movement designed to influence
either elections or policies. The advocacy of Kenyan Communist Party policy on
any question relating to the internal affairs of any such organizations or the
movement shall be by open public statements or at joint meetings between
representatives of the Kenyan Communist PARTY and such organizations or the
movement.
6.6 Members
who are elected to positions at a higher level may not stand for election to
positions at a lower
level in the Kenyan Communist Party. They may serve as ex-officio members of
immediate lower structures.
6.7 It shall
be the duty of delegates to fairly and effectively convey to Congress and
policy-making conferences the mandate of the constituency that elected them.
However, delegates attending such Congresses and conferences shall not be
rigidly bound by these mandates and may discuss and vote on the basis of
debates at such Congresses and conferences.
6.8 Employees
of the Kenyan Communist Party may not serve as elected members of
constitutional structures at the same level at which they are employed, but
they may serve in an advisory capacity. They may serve on and be elected to Kenyan
Communist Party structures at lower levels. If an employee of the Kenyan
Communist Party is elected to a position in the executive of the Kenyan
Communist Party at the same level, he/she must relinquish his/her original
position as an employee of the Kenyan Communist Party within a month of being
elected.
6.9 All
structures of the Kenyan Communist Party shall encourage the practice of
constructive criticism and self-criticism in party
structures.
6.10 In all
work and at every level, party structures and members shall ensure that the
struggle against patriarchy and for the transformation of gender relations is
given due importance, including by the creation of appropriate structures
empowered to perform this task. At least one third of all executives of the Kenyan
Communist Party from branch level to the Central Committee shall be women.
6.12
Ex-officio members of Kenyan Communist Party structures shall not exercise a
vote in those structures.
7. Young Communist League of Kenya (YCLK)
7.1 There
shall be a Young Communist League (YCLK) which comprises people from 14 to 35
years old who support the Constitution, aims, guiding principles, goals,
policies and programmes of the Kenyan
Communist Party. The YCLK shall be the autonomous youth organization of the Kenyan
Communist Party.
7.2 While the
YCLK shall take its own decisions and shape its own policies and programmes,
these shall
not be in conflict with the major policies and programmes of the party. If
necessary,
the CC shall,
after consultation with the YCLK, adopt guidelines to give practical effect to
this
clause.
8. NATIONAL CONGRESS
8.1 The
highest authority of the Kenyan Communist Party shall be a National Congress
which shall be called every 5 years. The CC may convene other Special National
Congresses which shall have the same power as the main National Congress except
for the provisions relating to the election of office bearers and members of
the CC. Such a Special National Congress may, however, decide on elections by a
75% majority. A Special National Congress shall be convened by the CC if directed
to do so by a decision of more than two-thirds of the provinces.
8.2 The
National Congress shall be constituted by elected delegates from the branches and
directly elected and co-opted CC members. All Kenyan Communist Party provinces
shall be represented in proportion to their membership in branches. The CC
shall prior to each National Congress determine the total number of elected
delegates and shall allocate a quota to each province in proportion to its
membership as organized in branches. The provinces shall then allocate a quota
of delegates from the County Executive Committee (CEC) and for branches in
proportion to their membership. The CC shall decide the number of voting delegates
that the YCL shall be entitled to. The CC shall have the authority to invite
non-voting delegates made up of veterans and similar categories. With the
permission of the National Congress such delegates may attend and participate
in all closed sessions. A Special National Congress shall be constituted on
similar lines as a National Congress.
8.3 The
National Congress shall discuss the reports of the CC, receive and discuss an
audited
financial
statement and the report of the National Treasurer, examine and decide the
policies
of the Kenyan
Communist Party, and shall be, save for the exception provided for in clause
8.1, the only authority with the power to elect the General Secretary, National
Chairperson, National Treasurer,2 Deputy General Secretaries, Deputy National
Chairperson, and members of the CC. The Central Committee shall ensure that all
major draft documents for the consideration of the National Congress shall be
circulated to all structures at least 2 months prior to the Congress.
All comments,
resolutions and proposals on such documents shall be tabled at the National
Congress.
8.4 Unless
otherwise decided by the National Congress, its plenary proceedings shall be in
open session. Unless otherwise provided for in this constitution, all decisions
of the National Congress shall be by a simple majority through a show of hands.
9. THE CENTRAL COMMITTEE (CC)
Unless
otherwise provided for in this constitution, the Central Committee (CC) shall
have the
power to
direct the work of the Kenyan Communist Party, to determine all questions of
policy, and to issue binding instructions and directives to all levels of the Kenyan
Communist Party, save that any departure from major policy decisions of the
National Congress demanded by changing conditions shall only be made after full
consultation with the membership. The CC shall:
9.1 Consist
of 11 members elected at the National Congress, the General Secretary, National
Chairperson, National Treasurer, 1st Deputy General Secretary, Deputy National
Chairperson, and 2nd and 3rd Deputy General Secretaries and, in addition to
those directly elected, the Secretaries and Chairpersons of all the provinces,
who, together with the national secretary and national chairperson of the YCLK,
shall be ex-officio members. The General Secretary and 3 Deputy General
Secretaries shall constitute the Secretariat, led by the General Secretary.
Any County
Secretary or Chairperson elected to the CC in his/her own right shall forfeit
his/
her position
on the CEC. The CC shall have the right to co-opt 5 members, apart from
veterans.
The CC shall
include at least one-third women in its make-up, including after co-option. All
nominations
for the elected members of the CC shall be submitted by provinces to the CC not
later than 2
weeks before the National Congress. Nominations from the floor of the Congress
shall be
accepted if seconded by a minimum of 40% of Congress delegates. Only a person
who has been
a member in good standing in the Kenyan Communist Party for more than 2 years
and has been a Kenyan Communist Party or YCLK PEC member for at least 1 year
shall be eligible for election to the CC.
9.2 Meet at
least every 4 months in plenary session. Any major draft political reports to
be considered by the plenary session shall be timeously circulated to the
membership for comments and criticisms.
9.3 Decide on
the specific portfolios of the 1st, 2nd and 3rd Deputy General Secretaries,
provided these portfolios include policy, organization-building, campaigns and
administration.
9.4 Decide
who will be the full-time members of the CC, provided that at least one member
of the Secretariat serves full-time.
9.6 Ensure
that all elected office bearers, CC members, provincial committees, other party
structures
and members carry out their duties effectively.
9.7 Control
and supervise all national Kenyan Communist Party media and set up the
necessary structures for their effective functioning.
9.8 Stimulate
and provide a flow of education in Marxist-Leninist theory and its application
to our conditions
for all Kenyan Communist Party members, and promote cadre development.
9.9 Inform
and guide the membership on current political developments and also provide
regular information
on Kenyan Communist Party organizational activities.
9.10
Represent the Kenyan Communist Party nationally in its relations with other
political parties and organizations.
9.11 Manage
and control all Kenyan Communist PARTY property and funds.
9.12 Have the
right by a two-thirds majority (excluding the comrade affected) to remove or
suspend any of its members from serving on the CC for any serious misconduct
detrimental to the Kenyan Communist Party.
Any such
actions shall be reported to the membership.
9.13 Appoint
from among its members the heads of Commissions. Elected CC members shall be obliged
to work within a Commission of the Kenyan Communist Party as deployed by the
CC. Failure to participate in the work of the Commission shall be reported to
the CC by the Head of Commission.
9.14 Consider
the removal of CC members who fail to attend 3 consecutive CC meetings, without
tendering apologies or providing reasonable explanations for their absence.
10. POLITICAL BUREAU (PB)
10.1 The CC
shall meet immediately after the Congress and shall, through the consensus of
at
least 60% of
the CC appoint from its ranks 11 members, who together with the elected office
bearers, shall
constitute the Political Bureau (PB). At least 7 of the additional PB members
shall be appointed
to specific portfolios, including organizing, fund-raising, political education
and
international
relations. If there is not the necessary consensus on the appointments, the CC
shall elect the 11 additional members of the Politburo through a secret ballot.
The national secretary of the YCLK shall be an ex-officio member of the PB.
10.2 The PB
shall conduct the current work of the Kenyan Communist Party and shall exercise
all the powers and functions of the CC between meetings of the CC, except those
powers and functions which this constitution specifically reserves for plenary
sessions of the CC.
10.3 The PB
shall meet at least once a month. It shall establish whatever administrative
structures it deems necessary to facilitate the carrying out of its decisions
between meetings of the PB.
10.4 The CC
shall constantly assess and evaluate the work of the PB, and where necessary,
shall recall members of the PB.
10.5 Any
member of the CC may, by invitation of the PB, attend any of its meetings.
10.6 The PB
shall have the right by a two-third majority decision (excluding the comrade
affected) to suspend any comrade from the PB for any serious misconduct detrimental
to the Kenyan Communist Party. Such a decision shall be enforced until the next
plenary session of the CC which shall either confirm or reverse the PB
decision.
11. DUTIES OF THE GENERAL SECRETARY
The General Secretary shall be the leading
National Office Bearer of the Kenyan Communist Party According to conditions determined
by the CC. The General Secretary shall be an ex officio member of all party
structures and shall:
11.1 Keep (or
cause to be kept) the minutes of all CC and PB meetings and such other books,
records and archives as may be required.
11.2 Attend
to the correspondence of the CC and PB.
11.3 Maintain
regular personal and written contact with all the provinces and keep the
membership informed of the work of the CC and PB.
11.4 Ensure
that members of the CC are kept informed of the work of the PB in between
meetings of the CC.
11.5 Draw up
(or cause to be drawn up) all reports and documents as may be decided upon by
the CC or PB.
11.6 The
Deputy General Secretaries shall, as directed by the CC, taking into account
their respective portfolios, deputise for the General Secretary in respect of
all the functions set out above.
12. DUTIES OF THE NATIONAL CHAIRPERSON
The National Chairperson shall rank after
the General Secretary as a national
office bearer of the Kenyan Communist Party and shall be an ex officio member
of all party structures. The National Chairperson shall:
12.1 Preside
at all meetings of the CC and PB in conformity with the constitution and other
rules and procedures adopted by these bodies.
12.2 Have a
deliberative vote only.
12.3 The
Deputy National Chairperson shall, as directed by the CC, deputise for the
National
Chairperson
in respect of all the functions set out above.
13. DUTIES OF THE NATIONAL TREASURER
The National
Treasurer shall:
13.1 Under
the direction of the CC and PB take all necessary measures to ensure that the Kenyan
Communist Party is provided with sufficient means to carry out its political
and organizational tasks.
13.2 Dispose
of such funds as the CC authorized by general or specific mandate.
13.3 Be
responsible for the safe-keeping and administration of all property and monies
of the Kenyan Communist Party.
13.4 Keep
such books and accounts as will clearly record and reflect the financial
position of the Kenyan
Communist Party and submit statements of income and expenditure to the CC and
PB at intervals to be determined by the CC and PB.
13.5 Under
the direction of the CC present audited financial statements and written
financial reports to the Congress.
13.6 Be the
convenor of a Finance Committee appointed by the CC.
14. SUB-NATIONAL STRUCTURES
14.1 The Kenyan
Communist Party shall have 47 County structures whose boundaries shall coincide
with the boundaries of the 47 counties of the country.
14.2. In each
county, there shall be the following structures:
14.2.1 County
Councils and CECs.
14.2.2
Sub-County Councils and Sub-County Executive Committees (SCECs).
14.2.3
Branches and Branch Executive Committees (BECs).
14.2.4 Where
appropriate, Sub-Districts may be established.
15. CONTY CONGRESS
Subject to
the other provisions of this Constitution, the County Congress shall be the
highest structure of the Kenyan Communist Party in each county. The County
Congress shall:
15.1 Be held
every 2 years.
15.2 Be
attended by elected branch delegates in proportion to their paid-up branch
membership.
All members
of the CEC, and the Sub-County Secretary and Chairperson of each SCDEC shall be
delegates. The CEC shall, subject to any directives that may be provided by the
CC, decide on the number of voting delegates at the County Congress to which
the YCLK in the counties hall be entitled. One non-voting delegate from each
Unit may attend.
15.3 Receive
and consider reports from the CEC and, subject to the other provisions of the
constitution, make whatever decisions it considers necessary to advance Kenyan
Communist Party organization and policies in its county.
Chairperson,
1st Deputy County Secretary, 2ndDeputy County Secretary, and up to 12
(ordinary
members of the CEC. The County Secretary and 2nd Deputy County Secretaries
shall
constitute the County Secretariat, led by the County Secretary.
15.5 Only a
person who has been in the Kenyan Communist Party as a member in good standing
for more than 2 years and has served in a Kenyan Communist Party or YCLK SCEC
for at least 1 year shall be eligible for election to a CEC.
16. THE COUNTY COUNCIL
Between
County Congresses, the County Council shall be the highest decision-making body
in
the province.
It shall:
16.1 Consist
of all members of the CEC, the chairpersons and secretaries of each SCEC, and
delegates
representing branches in proportion to their membership. The CEC shall, subject
to any
directives that may be provided by the CC, decide on the number of voting
delegates
at the County
Council to which the YCLK in the province shall be entitled. One non-voting
delegate from
each Unit may attend.
16.2 Meet at
least once every 4 months.
16.3 Fill any
vacant CEC positions provided that these do not exceed a third of the CEC.
17. COUNTY EXECUTIVE COMMITTEE (CEC)
The County
Executive Committee (CEC) shall comprise those elected in terms of 15.4,
co-opted in terms of
17.8, and the Secretary and the Chairperson of each SCEC as ex-officio members.
The provincial secretary and provincial chairperson of the YCLK shall be
ex-officio members of the CEC.
The CEC shall
be the body responsible for carrying out all decisions of the Provincial
Congress and the County Council. It:
17.1 Shall
decide who shall be full-time members of the CEC, provided at least one of the
members of the County Secretariat is full-time.
17.2 Shall
meet immediately after its election to appoint a County Working Committee (CWC)
through the
consensus of at least 60% of CEC members present at a quorate meeting. The
CWC shall
consist of all the County Office Bearers and not less than 3 additional members
of the CEC.
The CEC shall decide on specific portfolios of the Deputy County Secretaries,
provided that
these portfolios include organization-building, campaigns and administration.
The majority
of the additional members of the CWC shall be appointed to specific portfolios.
The PEC shall
decide on the portfolios. A minority of CWC members may be appointed without
portfolios.
If there is not the necessary consensus on the portfolios or who should be
appointed
to them, an election
by secret ballot shall be held for the additional CWC members. The
provincial
secretary of the YCLK shall be an ex-officio member of the CWC. The CWC shall
meet at least
once every fortnight and implement all the decisions of the CEC.
17.3
Shall meet at least once a month.
17.4 Shall
submit reports to the CC, the County Congress and the County Council as often
as
is required.
17.5 Shall
appoint provincial organizer and other staff in consultation with the CC.
17.6 Shall organizer,
establish and service districts and/or branches in its county.
17.7 Shall
establish appropriate provincial structures consistent with national guidelines
to carry out political, organizational, financial and campaign tasks.
17.8 Shall,
if necessary, co-opt up to 3 members into the CEC.
18. SUB COUNTY CONGRESS
The CEC may
form a District consisting of not less than 5 branches. After consulting with
the CECs, the CC shall draw up a policy framework to determine the boundaries
of districts. This policy framework shall take into account the boundaries and
size of municipalities.
Subject to
the provisions of this constitution, the Sub County Congress shall be the
highest structure of the Kenyan Communist Party in each district. The Sub
County Congress shall:
18.1 Be held
at least once every 2 years.
18.2 Be
attended by delegates elected by branches in proportion to their membership.
All members of the Sub County Executive Committee (SCEC) shall be delegates to
the Sub County Congress. The SCEC shall, subject to any directives that may be
provided by the CC and CEC, decide on the number of voting delegates at the
District Congress to which the YCLK in the Sub County shall be entitled.
One
non-voting delegate from each unit may attend.
18.3 Receive
and consider reports from the SCEC and, subject to the provisions of the
constitution, take all decisions to implement the policies and programmes of
the Kenyan Communist Party in the district.
18.4 Elect
the Sub County Secretary, Chairperson, Treasurer, Deputy Secretary, Deputy
Chairperson and a minimum of 5 and a maximum of 12 Sub County Executive
members. The SCEC will elect an Internal Secretary for Organizing and Campaigns
and Internal Secretary for Political Education and Ideological Development among
its members. Only a person who has been in the Kenyan Communist Party for more
than 5 years as a member in good standing and has served in a Kenyan Communist
Party or YCLSK BEC for at least 2 years shall be eligible for election to the
SCEC. The Sub County Secretary and Sub County
Chairperson of the YCLK shall be ex-officio members of the SCEC. The
SCEC may co-opt up to 3 additional members into the SCEC. The SCEC shall
appoint a Sub County Working Committee (SCWC) immediately after the sub County
Congress through the consensus of at least 60%of the SCEC members present at a
quorate meeting. The SCWC shall consist of the sub County Office Bearers and not
less than 3 additional members of the SCEC. The majority of the additional
members shall be appointed to specific portfolios. The portfolios shall be
consistent with the portfolios established at county level. The sub County
Secretary of the YCLK shall be an ex-officio member of the SCWC. The SCWC shall
meet at least once every fortnight, and implement all decisions of the SCEC and
higher structures where relevant.
19. THE SUB COUNTY COUNCIL
Between SUB
County Congresses, the sub County Council shall be the highest decision-making
body in the District.
It shall
consist of all members of the SCEC and delegates in proportion to their branch
membership. The SCEC shall, subject to any directives that may be provided by
the CC and CEC, decide on the number of voting
delegates at the Sub County Council to which the YCLK in the Sub County shall
be entitled. One nonvoting delegate from each unit may attend. The Cub County
Council shall:
19.1 Meet at
least once every 3 months.
19.2 Have the
power to fill vacancies on the SCEC provided they do not exceed one- third of
its
members.
20. SUB COUNTY EXECUTIVE COMMITTEE (SCEC)
The Sub
County Executive Committee (SCEC) shall carry out the decisions of the Sub
County Congress and Sub County Council. The SCEC shall:
20.1 Meet at
least once a month.
20.2
Supervise the collection of subscriptions.
20.3 Submit reports
to the CEC, the Sub County Congress and sub County Council on the state of organization
and the finances of the District.
20.4 In
consultation with the CEC, appoint a Sub County organizer and staff where
possible.
20.5 Organizer,
establish and service branches.
20.6 In
co-ordination with the Sub County Council:
20.6.1
elaborate strategic, tactical and organizational tasks;
20.6.2 ensure
full participation of Kenyan Communist Party branches in Kenyan Communist Party
activities and in the national democratic and socialist struggles;
20.6.3
initiate, co-ordinate and support campaigns at local level;
20.6.4
spearhead and support programmes for socialist education; and
20.6.5
develop working class leadership on the ground.
21. SUB-DISTRICTS
SCECs may
approve of the establishment of Sub-Districts in Districts that cover large
geographical areas and have a minimum of 5 branches. The Sub-Districts shall comprise
a minimum of 2 adjoining branches with a minimum of 25 members.
21.1 The CC,
after consulting with the CECs, shall develop policy guidelines on the role and
composition
of Sub-District, which shall include the following:
21.1.1 A
Sub-District Council comprising representatives of at least 3 branches in proportion
to their
membership, shall elect a Sub-District Executive Committee.
21.1.2 Only a
person who has been in the Kenyan Communist Party for more than 2 years as a
member in good standing and has served in a Kenyan Communist Party or YCLK BEC
for at least 1 year shall be eligible for election to the Sub-District
Executive Committee.
21.1.3 The
Secretary and Chairperson of each branch within the Sub-District shall be
ex-officio
members of
the Sub-District Executive Committee.
21.1.4 The
Secretary of each YCLK branch in the Sub-District shall also be ex-officio members
of the Sub-District Executive Committee.
21.1.5 The
Secretary and Chairperson of each Sub-District shall be ex-officio members of
the
SCEC.
22. BRANCHES
The basic
structure of the Kenyan Communist Party is the branch, to be formed at a residential
area or workplace, and every member shall be obliged to belong to a branch.
After consultation with the PECs, the CC shall draw up a policy framework for
the determination of the boundaries of branches. This policy framework shall
take into account the ward and voting district boundaries within a
municipality.
The branch
shall:
22.1 Consist
of a minimum of 5 members.
22.2 Ensure
that its members are given every opportunity to exercise their basic democratic
right to discuss and formulate policies.
22.3 Ensure
that it acts as a basic unit of activity for members by:
22.3.1
elaborating strategic, tactical and organizational tasks for the branch;
22.3.2 fully
participating in the national democratic and socialist struggles;
22.3.3
initiating and co-ordinating campaigns;
22.3.4
conducting programmes on socialist education; and
22.3.5
developing working class leadership on the ground.
22.4 Assist
members to fulfill their duties as defined in clause 5.9 above and interim
members to meet the
requirements for membership set out in 5.3 above.
22.5 Meet at
least once a month.
22.6 Elect a
BEC at (an annual branch meeting) (biennially) consisting of a Secretary,
Chairperson,Treasurer,
Deputy Secretary and Deputy Chairperson and not more than 5 (8) additional
committee
members. The BEC will elect an Internal Secretary for Organizing and Campaigns
and Internal
Secretary for Political Education and Ideological Development among its
members.
Only a person
who has been a member in good standing for more than 3 years shall be eligible
for election to the BEC, except in the case of a totally new branch, in which
case those who have been conferred membership by the SCEC or CEC, having served
a year as interim members, may stand for election to the BEC. The BEC shall
submit regular reports to the SCEC.
22.7 Where a
vacancy arises among the office bearers of the branch, the next Branch General
meeting shall
elect an interim office bearer, who will serve for the remainder of the period
until the next AGM.
22.8 Only
send a voting delegate/s to a Kenyan Communist Party Congress, Conference, or
Council at National, County, Sub-County or Sub-District levels, if that branch
has been in existence and functioning for at least 6 months.
23. PARTY UNITS
23.1 Units of
the Kenyan Communist Party, consisting of a minimum of 4 members may be formed
in circumstances where a branch cannot be formed. This unit shall be
represented by one person on the nearest BEC. All the
members of such a unit shall have all the responsibilities and duties of Kenyan
Communist Party members but do not have voting rights at Branch meetings or
Sub-District or Sub County or County Councils and Congresses. Such units shall
be allowed to exist and function for no more than one year without launching as
a full branch, unless otherwise authorized by the SCEC or CEC where a SCEC does
not exist or is not functional.
23.2 Units of
the Kenyan Communist Party consisting of a minimum of 4 members may also be
formed in workplaces, with the approval of the SCEC or CEC where a CEC does not
exist or is not functional.
23.3 Units of
the Kenyan Communist Party consisting of a minimum of 4 members may also be
formed to facilitate and encourage participation in Kenyan Communist Party activities
in a branch which covers a wide geographical area.
The formation
of such units within a branch must be approved at a branch general meeting.
23.4 Sectoral
units of the Kenyan Communist Party consisting of a minimum of 4 members may
also be formed to advance Kenyan Communist Party goals within different spheres
of society. The formation and role of these units shall be determined by the CC
or CEC, as appropriate.
23.5
Consistent with these provisions on Party units, the CC may provide guidelines
on Party units.
24. QUORUMS
24.1 The
launch of new branches, branch AGMs and branch general meetings: more than 50%
of the
members.
24.2 Units:
more than 50% of the members.
22.3 Sub
County Congress, sub County Council, Sub-District Council: more than 50% of the
branches.
24.4 County
Congress and County Council: more than 50% of the branches.
24.5 National
Congress: more than 50% of the branches.
24.6 BEC,
Sub-District Executive, SCEC, CEC, CWC, CC, PB: more than 50% of the elected
members on
each of these structures.
24.7 If after
one hour, the relevant constitutional structure has not quorated, the meeting
is
regarded as
non-quorate.
24.8 Meetings
which do not quorate shall re-convene between 2 and 14 days later. Delegates
present at
the said meeting shall form a quorum.
24.9 Interim
members do not constitute part of any quorum.
25. DISCIPLINE
25.1 (a) A
member who is found guilty of a breach of any provision of this constitution or
any
other conduct
detrimental to the Kenyan Communist Party shall be subject to discipline by the
KENYAN COMMUNIST PARTY.
(b) The CC
may adopt a list of offences in terms of which a member may be charged for a
breach of Kenyan
Communist Party discipline.
25.2 (a)
Disciplinary proceedings shall normally be conducted at the level where the
alleged
violation or
offence took place, namely the branch, district, province or national.
(b) A BEC,
SCEC or CEC shall, where necessary, establish a disciplinary committee to hear
disciplinary
cases.
(c) The CC
shall appoint:
(i) A
Standing Disciplinary Committee of not less than 2 and not more than 5
persons to
hear disciplinary cases.
(ii) A
National Appeals Committee whose composition shall be members of the
Kenyan
Communist Party who are not members of the CC to hear appeals.
(d) The CC
may direct that the disciplinary proceedings should be heard at a higher level
than where
the alleged violation took place.
25.3 (a) Any
person facing disciplinary proceedings shall receive at least one week’s notice
of
any hearing,
as well as the basic allegations and charges against him or her and be afforded
a reasonable opportunity to make his or her defence.
(b) The
disciplinary proceedings shall be completed within 90 days of the member
receiving
the notice of
hearing.
(c) No member
shall be judged or disciplined without a proper hearing. This does not mean
that sections
9.11 and 25.6 (c) may not be effected.
(d) The CC
shall draw up rules of procedure to be followed during a hearing process.
25.4 Refusal
to participate in a disciplinary hearing or to accept the authority of the
relevant Kenyan Communist Party structure to impose disciplinary action shall
constitute a serious office, requiring immediate suspension for a period of at
least 60 days. At the end of this period, the disciplinary hearing shall be
restarted, and should the member repeat such refusal, the member shall be
expelled from the Kenyan Communist Party by the CC.
25.5 The case
against a member facing disciplinary action shall proceed even if that member
resigns or
refuses to appear before the Standing Disciplinary Committee.
25.6 (a)
Penalties for violations in terms of subsection 1 shall include a reprimand,
payment of
compensation,
the performance of useful tasks, suspension or expulsion.
(b) The
penalties imposed by a branch or district disciplinary committee shall be
immediately
reported to
the CEC for approval before they come into effect.
(c) The CEC
shall have the power to suspend members or impose lesser forms of punishment,
which shall
come into effect without prior approval of the CC, but such measure shall be immediately
reported to the CC, which has the power to amend or reverse them.
(d) Expulsion
shall be imposed only by the CC acting either on its own initiative or after
receiving a
fully documented recommendation from a CEC.
(e) A
suspended member shall not be allowed to attend meetings of any Kenyan
Communist Party structure during the period of suspension except by special
invitation.
25.7 (a) Any
person found guilty in a disciplinary proceeding shall have the right to appeal
to the
National
Appeals Committee. All appeals shall be submitted through the County Council
concerned or
in the case of a matter heard by the Standing Disciplinary Committee, through
the CC,
within 30 days of the person being notified of the decision. The County Council
or CC shall
forward the appeal together with all other relevant documentation to the
National
Appeals
Committee.
(b) The lodging
of an appeal shall not postpone the operation of the penalty.
(c) Any
member of the Kenyan Communist Party whose appeal has been rejected by the
National Appeals Committee shall have the right to appeal against such a decision
in writing to the next Congress. The written appeal shall be submitted to the
PB within 3 months of the date the member is informed of the National Appeals
Committee’s decision.
25.8 The
CC-approved report on disciplinary taken against a Kenyan Communist Party member
shall be referred to the National Secretary of the YCLK for the attention of
the YCLK National Committee if the Kenyan Communist Party member is also a YCLK
member. The YCLSA shall take the same action against the member as the KENYAN
COMMUNIST PARTY.
25.9 The YCLK
National Committee-approved report on disciplinary action against a YCLK member
who is also a Kenyan Communist Party member shall be referred to the Kenyan
Communist Party General Secretary. The General Secretary shall refer the report
to the Kenyan Communist Party Standing Disciplinary Committee for its recommendation
to the CC on what action, if any, should be taken against the YCLK member.
26. AMENDMENTS TO THE CONSTITUTION
26.1 This
constitution can be amended by a majority vote at National Congresses.
26.2 All
proposed amendments to the constitution shall be submitted in writing to the CC
not less than 2 months prior to a National Congress. The CC shall ensure that
all provinces, districts
and other
structures receive such amendments or any other amendments proposed by the CC
not less than
6 weeks prior to the National Congress and all comments received shall be
tabled
at the
National Congress. Amendments that do not meet these deadlines shall be
considered
by a National
Congress, provided a two-thirds majority of the delegates agree that they may
be
considered.