CONSTITUTION AND RULES


ARTICLE I: NAME


The name of this organisation is the Kenya council of Emergency Medical Technicians.


ARTICLE II OBJECTS

The purpose of the council is to co-ordinate emergency medical technicians in Kenya. In pursue of this purpose, the other objectives of the council are: -

a) To initiate, co-ordinate and evaluate educational and training programmes in emergency medical care for Emergency Medical Technicians, Nurses, Physicians, Public safety personnel and the general public.
b) Maintain an up to date EMTs’ register
c) Publish a bi-annual Emergency Medical Service newsletter.
d) To determine what emergency medical care resources (manpower, facilities and operations existing within Kenya and to maintain an accurate index of these resources
e) To determine whether this resources can meet local, regional and national standards and are they sufficient in quality and quantity to meet the country's total emergency care needs.
f) To develop a plan and establish priorities for amplifying the strength and correcting the deficiencies of the system existing in Kenya
g) To act as a liaison among all emergency medical service agencies within Kenya and internationally
h) To make determinations of public need for the establishment of new ambulance services, invalid coach services and first response rescue services
i) To develop plans for funding emergency medical services system of Kenya from the public and provide sources in the immediate future and on a continuing basis
j) To advise the health planning agencies and organisations of local government with respect to emergency medical services in Kenya and to report periodically to these agencies its findings and recommendations
k) To work collaboratively with the Ministry Of Health to fulfil its responsibilities as defined in the Kenya's Public health law.
l) The council will establish goals and objectives to be reviewed as an attachment to but not part of these by laws.
m) To organize EMS and other medical conferences, Training sessions and exhibitions as may be necessary.
n) Raise funds to run its activities as agreed by the executive committee in accordance with the laws of Kenya.
o) To provide a forum in which members can develop a knowledge base, share information, receive and give counsel, and serve as a resource to others interested in this area of emergency medicine in the areas of education, research, the practice of emergency medical services-pre-hospital care, networking, and collaboration.
p) To serve as an educational resource for medical students, EMTs and for certification in the area of emergency medical services-pre-hospital care.

ARTICLE III MEMBERSHIP

SECTION 1 a. The council shall have a membership drawn from - The forces Memorial Hospital, Kenya air force, Kenyatta National Hospital, City council fire department and Ambulance, St John Ambulance, Ministry of health representative, emergency and rescue squads and the general public. All membership is subject to approval of the Executive committee. b. Each member shall be classified according to of the following: i. Member: Any person who is qualified as an EMT, and willing to subscribe to and practices the code of ethics of the KCEMT.
ii. Honorary Member: Any person of outstanding prominence who has made a significant contribution to the field of EMS.
iii. Student Member: Any person currently enrolled in an accredited KCEMT program in Kenya.

SECTION 2
a. On becoming a member, one must pay an entrance fee of Kshs. 1000/= (One thousand) subsequently, every member shall pay an annual subscription of Kshs 2500/= (Two thousand five hundred) for Active and student Members
b. Honorary Members need not pay any fees
c. The membership fee is paid not later than 15th February each year. And by the 15th day of class for the student members
d. Any member who does not remit his annual subscription by end of March shall automatically cease to be a member of the society and his name shall be struck of the register of members. The executive committee may, however at its discretion, reinstate such member on payment of the total amount of the subscription outstanding.

SECTION 3
a) Any member desiring to resign from the council shall submit his resignation to the secretary, which shall take effect from the date of receipt by the secretary of such notice.
b) Any person who resigns or is removed from the membership shall not be entitled to a refund of his subscription or any part thereof or any moneys contributed by him at anytime.

SECTION 4
Any member may be expelled from the membership if the committee so recommends and if a general meeting of the council shall resolve by two- thirds majority of the members present that such a member should be expelled on the grounds that his conduct has adversely affected the reputation or dignity of the society. The Executive committee shall have powers to suspend a member until next general meeting of the council following such suspension but not withstanding such suspension a member whose expulsion is proposed shall have the right to address the general meeting at which his expulsion is to be considered.

ARTICLE IV OFFICE BEARERS

SECTION 1


The office bearers of the council who will also form the executive committee shall be:

i. The chairman
ii. The vice –chairman
iii. The secretary
iv. The assistant secretary
v. The treasurer
vi. The assistant treasurer
vii. Chief Medical Director
All of the above must be Active members with the exception of the Chief Medical Director who may be an honorary member the rest shall be fully paid up members of the council and be elected at the annual general meeting, to be held every February.

The executive committee shall be nominated by members not later than January and elected at the AGM in February. The executive committee shall serve a term of two years.

SECTION 2
Any member who will have served a complete term {2 years} will also be eligible for re-election

SECTION 3
The office bearers may be removed from office in the same way as laid down for the expulsion of members in article 3 section 4 above and vacancies thus created filled by persons elected at the AGM resolving the expulsion.

ARTICLE V DUTIES OF OFFICE BEARERS

SECTION 1

CHAIRMAN- the chairman shall, unless prevented by illness or other sufficient cause, preside over all meetings of the executive committee and at all general meetings.

SECTION 2
VICE-CHAIRMAN- the vice-chairman shall perform any duties of the chairman in his absence.

SECTION 3
SECRETARY- the secretary shall deal with all the correspondence of the council under the general supervision of the executive committee.
In cases of urgent matters, where the committee cannot be consulted, he shall consult the chairman or vice chairman in cases where the chairman is unavailable.
Decision reached shall be subject to ratification or otherwise at the next executive committee meeting.
The secretary will also issue notices convening all the meetings of the executive committee and all general meetings of the council. He shall also be responsible for taking and keeping minutes of all such meetings and the preservation of all recordings of proceedings of the council and of the executive committee.

SECTION 4
ASSISTANT SECRETARY-
In the absence of the secretary, the assistant secretary will perform all the duties of the secretary and such other duties as shall be assigned to him by the secretary or executive committee whether the secretary is present or not.


SECTION 5
TREASURER- 
the treasurer shall receive and disburse, under the directions of the executive committee, all monies belonging to the council and shall issue receipts for all monies received by him and preserve vouchers for all, monies paid by him. He is also responsible to the executive committee and to the members that proper books of accounts of all monies received and paid by the council as written up, preserved and available for inspection.

SECTION 6
ASSISTANT TREASURER- 
the assistant treasurer shall perform such duties as maybe specifically assigned to him by treasurer or the executive committee.
In the absence of the treasurer shall perform the duties of the treasurer.

 

ARTICLE VI THE EXECUTIVE COMMITTEE

SECTION 1

The Executive Committee shall consist of all office bearers of the council two other members elected at the annual general meeting each year.
The executive committee shall meet at such times and places as it shall resolve, but shall meet not less than once every three months.
Any casual vacancies for members of the executive committee caused by death or resignation shall be filled by the committee until the next AGM of the council.

ARTICLE VII DUTIES OF THE EXECUTIVE COMMITTEE

SECTION 1

i. The committee shall be responsible for the management of the council and for that purpose may give direction to the office bearers as to the manner in which within the law they shall manage their duties.
The committee shall have the power to appoint such sub-committees as it may deem desirable to make reports to the executive committee upon which such action shall be taken as seems to the executive committee desirable

ii. Other Committees may be formed by the executive committee as deemed necessary


SECTION 2
All monies disbursed on behalf of the council shall be authorised by the executive committee except as specified in article xii section 4

SECTION 3

The quorum for meetings of the executive committee shall be not less than four members.

ARTICLE VIII MEETINGS

SECTION 1

There shall be two classes of general meetings-annual general meetings and special general meetings.

SECTION 2
The annual general meeting shall be held not later than 28th February of each year. Notice in writing of such annual general meetings accompanied by the annual statement of accounts and the agenda for the meeting shall be sent to all members not less than twenty one days before the date of the meeting and, where practicable by press advertisement not less than fourteen days before the day of the meeting.

SECTION 3
The agenda for any annual general meeting shall consist of the following:
1. Confirmation of the minutes of the previous A.G.M.
2. Address by outgoing chairman
3. Consideration of the accounts
4. Nomination Report
5. Recess for Purpose of Caucus
6. Election of office bearers and the committee members.
7. Appointment of auditors in accordance with rule article XI section1
8. Address by newly elected chairman
9. Such other matters as the executive committee may decide or as to which notice shall have been given in writing by a member or members to the secretary at least 21 days before the date of the meeting.
10. Any other business with the approval of the chairman.

SECTION 4
The executive committee may call a special general meeting for any specific purpose. Notice in writing of such meetings shall be sent to all members not later than seven days before then thereof and where practicable by press advertisements not less than seven days before the date of any such meeting.

SECTION 5
A special general meeting may also be requisitioned for a specific purpose by order in writing to the secretary of not less than a third of the membership and such meetings shall be held within twenty-one days of the date of the requisition.

The notice for such meeting shall be as shown in article VII section 4. And no matter shall be discussed other than that stated in the requisition.
Quorum for general meetings shall be not less than two thirds of the registered members of the council.


ARTICLE IX PROCEDURE AT MEETINGS

SECTION 1

At all meetings of the council, the chairman or in his absence the vice chairman or in the absence of both these officers, a member selected by the meeting shall take the chair.

SECTION 2
The chairman may at his discretion limit the number of persons permitted to speak in favour of and against any motion.

SECTION 3
Resolutions shall be decided by simple voting by a show of hands. In a case of equality of votes, the chairman shall have a second or casting vote.

ARTICLE X TRUSTEES

SECTION 1

All land, buildings and other immovable property and all investments and securities which shall be acquired by the council shall be vested in the names of not less than 5 trustees who shall be members of the council and shall be appointed at an annual general meeting for a period of three years.
On retirement such trustees shall be eligible for re-election. A general meeting shall have the power to remove any of the trustees and all vacancies occurring by removal, resignation or death, shall be filled at the same or next general meeting.

SECTION 2
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 trustees to the executive committee which shall authorize expenditure of such monies as it sees fit.

ARTICLE XI AUDITOR

SECTION 1

An auditor shall be appointed for the following year by the annual general meeting.

SECTION 2
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 AGM is sent out. An auditor may be paid such honorarium for his duties as may be resolved by the AGM appointing him.

SECTION 3
No auditor shall be an office bearer or a member of the executive committee of the council.


ARTICLE XII FUNDS

SECTION 1

The funds of the council may only be used for the following purposes –
a) Establishing and maintaining a members register, a reference library and data bank
b) Acquisition and maintenance of training equipment
c) Holding an annual EMS conference
d) Producing EMS Newsletters and Brochures publications
e) Organising for continued medical education Courses
f) Research and EMS protocol development
g) Hold EMS Shows and exhibitions
h) Setting up a Community college for all EMS related Course

SECTION 2
All monies and funds shall be received by and paid to the treasurer an d deposited by him in the name of the council in any bank approved by the executive committee.

SECTION 3
No payments shall be made out of the bank account without a resolution of the executive committee, authorizing such payment and all cheques on such bank accounts shall be signed by the treasurer or the assistant treasurer and two other office bearers of the council who shall be appointed by the executive committee.

SECTION 5
The committee shall have power to suspend any office bearer who it has reasonable cause to believe is not properly accounting for any of the funds or property of the council and shall have power to appoint another person in his place.
Such suspension shall be reported to a general meeting to be convened on a date not later than two months from the date of such suspension and the general meeting shall have full power to decide what further action should be taken in the matter.

SECTION 6
The financial year of the council shall be from 1st January to 31st December.

ARTICLE XIII BRANCHES

SECTION 1

Branches of the council may be formed with approval of the executive committee and the registrar of societies and they will adopt the same constitution as that of the headquarters with the following exceptions:

a) The aims and objectives will not include the formation of branches.
b) Amendments to the constitution can only be made by the headquarters of the council in accordance with the provisions of article xiv section 1
c) The provisions of rule 15 shall apply to branches but in addition branches will not be dissolved without consultation with the headquarters.

ARTICLE XIV AMMENDMENTS TO THE CONSTITUTION

SECTION 1

In order to amend this constitution, the proposed amendment will be submitted to the membership at any regular meeting of the Council. The proposed amendment shall be adopted, or rejected, at the next regular meeting by a two-thirds majority.
They cannot however be implemented without the prior consent in writing of the registrar obtained upon application to him made in writing and signed by three of the office bearers

ARTICLE XV DISSOLUTION

SECTION 1

The council shall be dissolved except by a resolution passed at a general meeting by members by a vote of two thirds of the members present.
The quorum at the meeting shall be as stipulated in article viii section 5 above. If no quorum is obtained, the proposal to dissolve the council shall be submitted top a further general meeting which shall be held one month later. Notice of this meeting shall be given to all members of the council at least 14 days before the date of the meeting.
The quorum for this second meeting shall be the number of members present.

SECTION 2

Provided, however that no dissolution shall be effected without prior permission in writing of the registrar, obtained upon application to him made in writing and signed by three of the office bearers.

SECTION 3

When the registrar has approved the dissolution of the council, no further action shall be taken by the executive committee or any office bearer of the council in connection with the aims of the council other than to get in and liquidate for cash all the assets of the council. Subject to the payment of all debts of the council, the balance thereof shall be distributed in such other manner as may be resolved by the meeting at which the resolution of dissolution was passed.

ARTICLE XVI INSPECTION OF ACCOUNTS AND LIST OF MEMBERS
SECTION 1

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