1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.

TABLE OF CONTENTS TITLES............................................................................................................. 1 PHILOSOPHY/MISSION ................................................................................. 1 AIMS AND OBJECTIVES .................................................................................. 1 MEMBERSHIP.................................................................................................. 2 REGISTER OF MEMBERS ................................................................................. 4 ELECTIONS ..................................................................................................... 6 NOMINATIONS ............................................................................................... 6 BALLOT ........................................................................................................... 7 VOTING PROCEDURE...................................................................................... 7

10.0 NATIONAL COUNCIL....................................................................................... 8 11.0 POWERS OF THE NATIONAL COUNCIL ........................................................... 9 12.0 CHAIN OF OFFICE ......................................................................................... 10 13.0 DUTIES OF THE SOCIETYS EXECUTIVE OFFICIALS ..................................... 10 14.0 VOTING AT COUNCIL MEETINGS.................................................................. 12 15.0 STANDING COMMITTEES.............................................................................. 12 16.0 FELLOWSHIP AWARD ................................................................................... 13 17.0 FELLOWSHIP ................................................................................................ 13 18.0 NOMINATION PROCEDURE TO FELLLOWSHIP AWARD ............................... 14 19.0 BRANCHES .................................................................................................... 14 20.0 MEETINGS..................................................................................................... 15 21.0 FINANCE ....................................................................................................... 17 22.0 INDEMNITY .................................................................................................. 18 23.0 BORROWING POWERS ................................................................................. 19 24.0 AUDITORS..................................................................................................... 19 25.0 CODE OF ETHICS........................................................................................... 19 26.0 THE PHARMACY PRACTITIONERS PROFESSIONAL OATH............................ 20 27.0 USE OF TITLES .............................................................................................. 20 28.0 EMBLEM ........................................................................................................ 20 29.0 SEAL .............................................................................................................. 20 30.0 CONFERENCES .............................................................................................. 21 31.0 PUBLICATIONS ............................................................................................. 21 32.0 LEGAL PROCEDURE....................................................................................... 21 33.0 ASSISTANCE ................................................................................................. 21 34.0 TRUSTEES ..................................................................................................... 21 35.0 AMENDMENTS............................................................................................... 21 36.0 DISSOLUTION............................................................................................... 22

THE PHARMACEUTICAL SOCIETY OF KENYA CONSTITUTION May 1999 1.0 1.1 1.2 TITLES The Society shall be called The Pharmaceutical Society of Kenya. The Pharmaceutical Society of Kenya hereinafter referred to, as the Society shall have the acronym PSK. Unless and until otherwise so decided, by the National Council and approved by members in a Special General Meeting, the Headquarters of the Society shall be in Nairobi. PHILOSOPHY/MISSION The Pharmaceutical Society of Kenya believes that Pharmacy, is a noble profession and shall actively participate in all ways possible and within its jurisdiction to contribute positively in enhancing the quality of life. The Pharmaceutical Society of Kenya will endeavour to create a professional environment in which pharmacists are expected to exploit their potential fully in providing health care. AIMS AND OBJECTIVES The aims and objectives of the Society shall be: To advance the study and practice of the profession of Pharmacy. To promote Pharmaceutical education and knowledge for the good and health of mankind. application of pharmaceutical

1.3

2.0 2.1

2.2

3.0 3.1 3.2 3.3

3.4

To maintain, honour, uphold ethics, safeguard, and promote the interests of the members in the practice of Pharmacy. To represent, protect, and assist pharmacists in general and members in particular as regards conditions of practice. To create and maintain a standard of professional conduct, code of ethics and enforce their application by all members for the dignity of the profession. To identify and point out to the respective authorities, organisations, individuals, if and when, in any way the dignity and professional image of Pharmacy is being compromised. To assist members, whenever possible and when deemed necessary, who by reason of adversity are in need of help.
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To arrange and hold periodic meetings of the Society for professional, educational and social purposes. To disseminate such information as may be thought necessary by means of journals, bulletins or any other method for the fulfilment of these objectives. To accept, or refuse any gift endowment or bequest made to or acquired by the Society, for the purposes of any specific objective connected with pharmacy practise and to execute any charitable or other trusts which may be considered expedient or desirable in the interests of the society. To maintain an up-to-date list of bonafide members. To foster a high standard of control over the quality and distribution of medicines, drugs, and other pharmaceutical products by professional means, and by encouraging the implementation of appropriate legislation. To promote the role of pharmacists as integral members of the healthcare teams in order to allow full utilisation of pharmaceutical knowledge in rational drug use. To facilitate research in health and pharmaceutical sciences and services. To facilitate information exchange between members, health-care professionals, patients, consumers and pharmaceutical or allied industry. To collaborate or foster understanding with pharmacy training institutions in order to improve the quality of education. To collaborate with similar societies, organisations or allied professionals and establishments in Kenya, neighbouring countries, commonwealth and other countries in the world for the attainment of these objectives. To do all such other things as are incidental or conclusive to the attainments of any or all the foregoing objects. MEMBERSHIP All Pharmacists registered by the Pharmacy and Poisons Board will be eligible to be members of PSK. Anyone wishing to become a member of the society shall submit an application in writing to the National Committee through the Branch stating the category of membership, so desired provided that the existing members need not re-apply other than updating their membership & category annually. The National Committee shall decide as to whether to accept or not accept, but shall be under no obligation to disclose the reason(s) for refusal in case of the latter. The unaccepted applicant can seek redress to the Council and thereafter go

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to high court for appeal. 4.4 A member wishing to leave the Society shall give a three months notice of such an intention and shall not cease to be a member until the request is accepted in writing or four months have elapsed from the date of application whichever comes first. Every member shall pay such membership fee as shall be determined from time to time in a Special General Meeting. There shall be four categories of Membership: 1. 2. 3. 4. 4.6.2 1. FULL MEMBER ASSOCIATE MEMBER HONOURARY MEMBER AFFILIATE MEMBER/SOCIETY FULL MEMBERSHIP This Membership is restricted to those persons who are Kenya Citizens with at least a University Bachelors degree in Pharmacy and Registered as a Pharmacist in Kenya under the Law governing the practice of Pharmacy. The member under this category is eligible to vote or be voted into office. Full members shall pay to the Society such membership fee and Annual Subscription fee as the Society may from time to time determine. Paid up Members for the year under consideration shall be entitled to all rights, honours, and privileges of the Society. Full members may ascribe the acronym MPSK after their name or any other acronym or format approved by the Council. ASSOCIATE MEMBERSHIP 1. The National Council may at its discretion on application elect to its membership as associate members such persons being non-Kenyan registered pharmacists, who hold a minimum of Bachelor of Pharmacy degree or its equivalent from institutions recognised by Pharmacy & Poisons Board and Kenyan citizen students engaged in course of study at an institution recognised by the National Council or pre-registration students leading to Pharmacy qualifications. Paid up associate members for the year under consideration shall be entitled
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to all rights, honours and privileges of the society just as a full member except for voting or being voted to elected office. 3. Associate members shall pay to the society membership fee and annual subscription fee as the Society may from time to time determine. Members may use acronym AMPSK. HONORARY MEMBERS 1. The National council may at its discretion elect to its membership as Honorary members such persons who have rendered distinguished service to the Society or to pharmacy profession. Honorary Members are not eligible to vote or be elected into office. Honorary Member shall not pay subscription fee. Honorary Membership shall be for such periods, as the National Council may in any case deem appropriate. Honorary Members may ascribe the acronym MPSK (Hon) after their name. AFFILIATE MEMBER/SOCIETY 1. Membership shall be extended to those Associations or Societies with similar aims and objectives to any or all of those of PSK who will be willing to give reciprocating membership Affiliate member or society shall pay to the PSK such Membership fee and Annual Subscription fee as the Society may from time to time determine. Persons, Associations or Societies who wish to become Affiliate members shall make an application in writing to the National Secretary for consideration by the National Council. The application shall be appended with their current constitution and names of all office bearers in case of organisations. An affiliate Society may with written permission of the National Council use the emblem of the Society in such a manner and period of time as shall be sought and granted. This category of membership is not eligible to vote or be voted into elective office. REGISTER OF MEMBERS The Names and permanent Address of every member shall be entered and kept in a Register of Members appropriate to their membership.

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5.2

It shall be incumbent upon every member to notify the Hon. National Secretary of any change of his/her address or qualification or membership category. Upon acceptance of application by the National Council for Membership a member shall pay Membership fee and be issued with Certificates of Membership which shall be held by bona fide members at the pleasure of the society. A member shall cease to be such a member upon: his no longer having that qualification which was the basis of his being admitted or, receipt of a letter from the National Council accepting his written application for resignation from Membership or becoming a person of diminished responsibility or death or de-registration from the register of Pharmacists by the Pharmacy and Poisons Board. The National council shall have power by resolution duly passed and entered in its minute book to remove from Membership any member whose conduct shall in the opinion of two-thirds of the full council be determined to be contrary to the interests of the Society and their decision shall be final. Notwithstanding the above, the National Council may mete out any appropriate punishment including but not limited to suspension for a stated period of time. Provided always that such a member whose conduct is in question shall be given an opportunity to appear by himself or a duly appointed agent before the National Council and be heard in his defence after being given not less than 14 days prior notice of such a meeting. In the event of such removal from Membership no portion of any fee or donation paid by such member shall be refundable by the Society and any liability then attaching to such a member in respect of any outstanding subscription shall continue to subsist. Any member whose membership is revoked shall have the name deleted from the Register of Members. Any member whose membership is revoked under the provisions of this Constitution shall be eligible to re-apply for admission subject to a period of not less than twelve months from the time he ceased to be a member and having satisfied the National Council that the reasons which existed then upon being
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removed from Membership no longer apply. 5.11 The National Council shall have the discretion to accept or not accept such a reapplication and their decision shall be final. Each bona fide member shall be issued with a certificate of Membership upon payment of the required Membership fees.. ELECTIONS All elections to all offices shall be contested by Kenyan citizens and shall be by secret ballot and winning by simple majority. Each member eligible to vote shall be entitled to only one vote. To be eligible to contest an executive National Position the candidate must have been a bona fide member for a continuos period of five years and three years for an ordinary council membership prior to such appointment. Ballot papers shall be sent to all bona fide members at their last known address at least 30 days before the Annual General Meeting of the election year. Duly cast ballot papers shall be returned by post or deposited in secure identified box to reach the Returning Officer not later than 12.00 noon on the Date of the Annual General Meeting. The Returning Officer shall be appointed by the National Council and shall be a person of good public standing who shall be notified to the electorate before sending out nomination papers. The Returning Officer shall use laid down guidelines in conducting the Elections as stipulated under the voting procedure. After the Election the Returning Officer shall announce loudly and table the results duly signed by him and his assistants in the presence of and witnessed by at least two members present. Election assistants shall be appointed by the National Council. NOMINATIONS A bona fide member shall be validly nominated if his/her nomination is supported by five members from at least three branches Nominations and consent forms to serve shall be sent by the National Secretary to reach each Branch at least two months before the Annual General meeting. No member shall consent to be nominated for more than two Council offices but may consent to be nominated as a Council Member if executive positions fail.
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7.4

Duly completed Nomination Forms shall be signed by the candidate, Branch Chairman, Branch Secretary and three members of the Branch. In the event of no valid nominations being received, nominations shall be accepted from members present before the Annual General Meeting as first item agenda. Members present may elect the previous council to continue in office for one other year for a maximum of three (3) times. BALLOT Each Ballot Paper shall have a form with names of all Candidates and space to cast vote. Each Ballot Paper shall be numbered with security number and sent only to bona fide members for the year of election. Each voter shall cast the vote in private or place the Ballot in a self addressed envelope and return to reach the appointed Returning Officer or venue on or before 12.00 Noon on the day of the Annual General Meeting or any other date so appointed prior to elections. Each Ballot paper shall bear the date and time, deadline as nomination. well as place of

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VOTING PROCEDURE The National Executive council shall appoint the Returning Officer and Two Tellers (assistants) who shall be non-members. The physical counting and Security of the Ballot shall be the sole responsibility of the Returning Officer. The National Executive committee shall specify the date and place of counting the votes. In the event of any member(s) receiving an equal number of votes for any office the outgoing Chairman shall have a casting vote at the AGM. Any member may seek for a recount in the event of an objection of the announced results at the Annual General Meeting. In the event that upon a re-count the result is not different from the original results, a third and final recount shall be carried out in the presence of all members present. No petition shall be accepted after the re-count. The Returning Officer shall sign and announce the election results and winners for
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their respective offices. 9.9 All ballot papers shall be retained for a period not exceeding six months by the council and shall be destroyed thereafter. This Election procedures shall apply wherever PSK is to be represented NATIONAL COUNCIL The affairs of the Society at National level shall be managed by the National Council consisting of:1. 2. 3. 4. 5. 6. 7. 10.2 The National Chairman The National Vice-Chairman The National Secretary The National Treasurer Ex-Officio - The Immediate past Chairman Ex-Officio - The Head of Pharmaceutical Services of the Government. Four Council Members All office bearers except branch representatives, shall be elected at the Annual Meeting once every three years. Branch representatives shall be elected by their respective branches. All retiring office bearers are eligible for re-election except that no member shall serve more than two consecutive terms in any one office. Under special circumstances or purposes, as may arise from time to time, the National Council may co-opt up to two members at any one time to serve in the council with such powers as the National Executive Council may decide. Any vacancy for an elective post including the Council will be filled by election at a Special General Meeting. The Council may continue to function, not withstanding any vacancy, as long as the number of members of the Council is not less than the minimum required to form a quorum. At all General and Council meetings the Chairman or, in his absence the ViceChairman, or in the absence of both Chairman and Vice-Chairman, such a member of the Council as shall be elected by the members present at the meeting shall
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preside, as Chairman. 10.8 Attendance of General Meetings and the Council Meetings by Society officials should be regular and in case of absence for three consecutive meetings without an apology, the officer ceases to be a member of the Council automatically and such member will not be re-elected again in the same or consecutive year. The Council may delegate any of its powers to the national Executive Committee or Standing Committee or any Ad Hoc Committee of members with power to co-opt among members of the Society. The Council shall meet for the despatch of business, adjourn or regulate its meetings as it shall deem fit. The Chairman shall have the casting vote in the event of a tie. The quorum for any meeting of the Council shall be at least six, two of whom shall be members of the Executive Council. The quorum for the purpose of voting on any major decision shall be two-thirds of the elected Council members. All meetings of the Council shall be summoned by the Honorary Secretary provided that the Secretary shall on the requisition of the Chairman or any five members of the Council, summon a meeting of the Council. The Council shall cause proper minutes of all meetings of the society and all Council Meetings and Committee meetings appointed by the Council to be taken, recorded and properly kept. The Council shall cause a true account of all monies, received and expended by the Society to be kept and such accounts shall be audited as at 30th September each year. Executive Committee shall consist of the Chairman, Vice-Chairman, Secretary and Treasurer and may hold such consultative meetings as deemed necessary for the proper running of the National Council or Society. All meetings held by the general body, council, executive committee or standing committee shall be minuted and confirmed at the next meeting and when so confirmed shall be held as prima facie evidence at all places and courts. POWERS OF THE NATIONAL COUNCIL The National Council shall carry into effect the objectives of the Society, propagate the Society's objectives, save as herein provided to the contrary, all powers, rights and duties vested in or imposed upon the Society may be exercised or performed
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by National Council. National Council shall further have power to appoint trustees and determine their terms of reference. 12.0 12.1 CHAIN OF OFFICE The Society shall keep as its property a ceremonial chain of office to be worn by the National Chairman during official functions of the Society. Names and Year of Service of All Chairmen shall be inscribed on this chain of office the last being that of the incumbent National Chairman. A ceremonial transfer of the chain of office shall be held publicly during the Annual Dinner and Dance or other suitable function. It will mark an important event in the Calendar of the Society and shall be indicated on the programme thus "MAKING OF THE CHAIRMAN". This shall signify end and beginning of office of the National Council. DUTIES OF THE SOCIETYS EXECUTIVE OFFICIALS The duties described hereunder shall apply to the National office and also Branches. CHAIRMAN The Chairman shall preside at all meetings of the Society. He shall be the overall incharge, exercising general supervision over the work and activities of the Society. He shall perform such other duties pertaining to the office of the Chairman and shall be an ex-official member of all committees. He shall supervise and be responsible for the Annual convention and exhibition. VICE CHAIRMAN In the event of inability or absence of the Chairman to perform his duties the ViceChairman shall carry out the duties of the Chairman. He shall also act as the liaison officer between the society and other regional and international associations. SECRETARY The Secretary shall be responsible for the day to day administration of the Society and he shall assist the Chairman whenever possible. His other duties shall include:1. the preparation of the agenda for and the recording and distribution of minutes of the General meeting, Annual General Meeting, and Special General Meetings and all meetings of the National Council. the safe keeping of all Society's records and minutes books. distribution to membership members of National or Branch Council
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THE PHARMACEUTICAL SOCIETY OF KENYA CONSTITUTION May 1999

(a)

A notice of 30 days before the date fixed for any Annual General Meeting setting out the agenda date and place of such meeting and calling for motions, properly motivated, to be submitted to him by members not less than seven (7) days before the said meeting. The issuance of the agenda of the business to be transacted at the Annual General Meeting. The agenda must be distributed not less than 30 days before the meeting, together with copies of the minutes of the previous Annual General Meeting and details of any motions received. Sending out ballot papers containing the list of nominees together with the notice for Annual General Meeting. A notice of each National Council Meeting not less than 7 days prior to the meeting, together with copies of the minutes of the previous meeting.

(b)

(c)

(d)

13.8 13.9

TREASURER The Treasurer shall be responsible for administering the finances of the society, and safe keeping of the Societys assets and he shall be required:1. to keep proper books and records of the funds of the Society and to submit statements of accounts to National or Branch Council Meeting in accordance with directions given to him. to call for Branch membership returns as at 1st April of each year. to request interim statements and records if required from the Branch treasurers, PSK Journal Editor, and all relevant sub committees handling society funds. to send statements of accounts to all debtors not less than once in every three months and at the end of Society's financial year. to submit to the National or Branch Council and to the Annual General Meeting an audited Balance sheet. Income and Expenditure account and statement of funds flow as at the end of the past financial year. to submit to the National or Branch Council and to the Annual General Meeting the budget for the following year showing income and expenditure anticipated. EMPLOYEES OF THE SOCIETY 1. The national Council may if deemed necessary make recommendations to the Society to:
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(a) (b) (c) 2.

create offices and duties of the Society's employees make terms and conditions for employment budget to remunerate the officers if appointed The Society in the Special General Meeting shall approve the proposal made as an Agenda by a two third (2/3) majority of the members present. The National Council shall advertise for substantive appointments for interviews in the public media within such duration not less than 28 days from the date of 1st advertisement. The National Council shall elect and give an offer to the candidates on priority basis. Should the 1st candidate decline the offer, the Council shall make the offer to the next on merit until the list of recommended candidates is exhausted. If no candidate is willing to take the offer, the terms shall be reviewed, approved and the post re-advertised.

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VOTING AT COUNCIL MEETINGS At each meeting of National Council, a resolution put to vote at the meeting shall be decided upon a show of hands of the elected members. In the event of a tie, the Chairman shall have a casting vote in addition to his deliberative vote. STANDING COMMITTEES The National Council shall appoint at least three to a maximum of five members to any of the following Standing Committees. 1. 2. 3. 4. 5. 6. 7. Education/Publications Committee Industrial Sector Committee Hospital/Community Pharmacy Committee Legal/Ethics Committee Investment Committee Public Relations & Social Committee Committee of Fellows To be eligible for appointment to any standing committee a member must have been a bona fide member for a continuos period of two years prior such an
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appointment. 15.3 Persons to be nominated to represent the society in other organisations must meet criteria 6.2 and in addition must have been a member of a standing committee of the society within the previous six years. Each member shall serve for a period of Two years, but is eligible for reappointment. Each Standing Committee shall have powers to co-opt any member as deemed necessary. Each Standing Committee may organise its meetings and invite other persons to disseminate education etc. Each Standing Committee may collect, bank and account for any monies for the purpose of meeting its objectives subject to remitting all balances at completion of the project to the national Council. There shall be three signatories to the standing committee accounts including the Convenor. One other committee member and either the National Chairman or National Treasurer. FELLOWSHIP AWARD 1. Based on the recommendations of the national Council at its meetings held in the year the Society shall approve the nominations for the Fellowship Awards. 2. Each awardee shall be conveyed of the decision of the Council through office of the National Chairman of PSK, and invited to receive the prestigious award at the Award Ceremony organised by PSK.

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FELLOWSHIP 1. A full member who has rendered distinguished service to the society or in the field of pharmacy or who has made outstanding original contribution to the advancement of pharmaceutical knowledge or who has attained exceptional proficiency in a subject embraced by or related to the practice of pharmacy may be awarded and designated as a Fellow of the Pharmaceutical Society of Kenya. 2. The fellowship shall be awarded on the recommendation of National Council, based on the biographical profile of the nominated members as submitted by a colleague member and supported by two other members. Fellows shall hold the title at the pleasure of the Society and fulfil or observe any requirements as may be deemed necessary. Fellows may ascribe the acronym FPSK after their names.
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18.0 18.1

NOMINATION PROCEDURE TO FELLLOWSHIP AWARD Any member who is of good standing with PSK for at least ten years is entitled to nominate not more than one member in a year for fellowship. he nominated member shall meet the criteria given here below: 1. The nominee must be a member of the Society of good standing for at least ten years but consideration may be given to candidates with exceptional performance. The nominee has made outstanding contribution throughout his/her career to the profession of pharmacy. The nominee has actively contributed in the activities organised by PSK. There shall be a form to be filled for nomination to Fellowship which shall have information deemed necessary for evaluating the application but shall include at least a biographical profile of the nominee and a short justification for the nomination. The nomination must be supported by two other members of which one shall be a fellow of the Society, or four other full members in the absence of a fellow. Supporting members may wish to add their own justification for recommending the nomination after the proposer. The nomination papers need not include any consent letter from the nominee. Biographical profile of the nominee shall give clear details of the achievements made by the nominee. Hon. National Secretary of PSK reserves the right to obtain any clarification, either directly from the nominees or from any of the supporting members. All information shall be treated in confidence. Nominations for awards may be made post-humus. The decisions made by the National Council shall be final. BRANCHES Branches of the Society may be formed or dissolved in any locality in Kenya where there are at least 20 Registered and practising pharmacists, subject to approval by the national Council provided that 1. The Branches so constituted shall be governed in such a manner and perform such functions as may be determined by rules for the time being in force in respect to those Branches.

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2.

The proposing branch members shall make a written application to the National Council giving the names and addresses of the potential members and stating the postal address and common place of meeting The rules of each Branch shall be subject to the approval of the National Council and shall not conflict with any provisions of this constitution. Each Branch shall forward in total membership fee to the National Council BUT 50% of the Annual Subscription shall be returned to the branch for its activities. Minutes of all Meetings of the Branch shall be forwarded to the National Secretary. All office bearers shall be elected at the Branch Annual General Meeting once every two years. All retiring officers are eligible for re-election except that no member shall serve more than two consecutive terms in any one office. MEETINGS GENERAL MEETINGS

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General Meetings of the Society or Branch may be held from time to time but not less than 3 in a year as National or Branch Council may determine. Notice of General Meetings shall be sent to all members in writing to their current address and/or published in the print or electronic media by the Hon Secretary. All branch meeting notices shall be copied to the Hon. (National) Secretary. The quorum of all meeting shall be at least 20% of paid-up members or 10 members whichever is greater of current membership, whether National or Branch. SPECIAL GENERAL MEETINGS

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20.2 1.

Special General Meetings of the Society or Branch may be called by the Hon Secretary giving a notice stating the agenda of the proposed meeting. A notice and agenda shall be sent to all members in writing provided that at least 28 days notice of such a meeting shall be circulated to all members. The quorum of such a meeting shall be 30% or 10 members whichever is greater.

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20.3 1.

EXTRA-ORDINARY GENERAL MEETINGS Members may demand for an extra-ordinary General Meeting subject to at least 20 paid-up members at least two from every branch appending their names and signatures upon submission of such a demand notice of the meeting. The National Council shall direct the National Secretary or National Chairman to convene such a meeting. If 60 days of such a demand expires without a notice being given; the signatories shall send a notice but shall attach a dated copy of the first request. Extra-Ordinary General Meeting of the Society shall be called by the Secretary upon receipt in writing of a request signed by not less than 20 members of the Society with at least two from every branch or one-third of branch members stating the objectives of the proposed meeting. This does not apply to an adjourned Extra- Ordinary Meeting. The same provisions shall apply at the branch except that a request from 10 members shall suffice. The Notice and agenda shall be sent to all members in writing provided that at least 28 days notice of such a meeting shall be circulated to all members. The quorum of such a meeting shall be as Annual General Meeting. ANNUAL GENERAL MEETING 1. The Annual general Meeting shall be held at the end of Accounting Year or at such a time and/or during the ANNUAL SYMPOSIUM at the venue so elected or failing all this within 90 days after the end of the Accounting Year. A notice of Annual General Meeting shall be sent to all members in writing provided that at least 28 days notice of such a meeting shall be circulated. The quorum of Annual General Meeting shall be two thirds of paid up members. The Agenda for an Annual General Meeting shall include the following:(a) (b) (c) (d) Reading of Notice of Meeting. Apologies for absence Confirmation of Minutes of the Previous Annual General Meeting. Matters Arising

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(e) (f) (g) (h) (i) (j)

The Chairman's Report Treasurer's Report Notice of Motion(s) Election of office bearers. Appointment of Auditors Any Other Business of which notice shall have been received the National Secretary at lease 7 days before the AGM

20.5 1.

CONVENING OF MEETINGS (COUNCIL) The convening of meetings of National Council shall be the responsibility of the National Secretary, in consultation with the National Chairman. A notice shall be sent to each member of the National Council and each Branch chairman not later than seven (7) days prior to the meeting together with a copy of minutes of the previous meeting. These meetings shall be held immediately prior to the society General Meeting, immediately following the Society Annual General Meeting and at least one other occasions during the year. Emergency meetings of the National Council may be held at the Chairman's discretion provided that at least three days notice is given to all members of National Council. FINANCE The funds of the Society shall consist of Membership fee, Annual Subscriptions as may be regulated by the Council from time to time together with such grants, contributions, bequests and other forms of income as the society may receive from time to time. The Accounting Year of the society shall run from the 1st day of October until the 30th day of September next. The National or Branch Council may open a banking account or accounts at any bank or banks approved by the members. All cheques shall be signed by two Executive officers of the Society or Branch but shall also include the Treasurer for National or Branch affairs. The National or Branch Council shall have power to borrow or raise money in such a manner as the Society shall think fit. The funds shall be used in accordance with
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2.

3.

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21.0 21.1

21.2

21.3

21.4

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THE PHARMACEUTICAL SOCIETY OF KENYA CONSTITUTION May 1999

the objectives of the Society. 21.5 The Standing Committees or any other Committee may raise funds or money for specific projects and such money may be banked or accounted separately, as shall be authorised by the National or Branch Council. The National Council or Branch Council shall submit to each Annual General Meeting a report of the accounts of the Society including the activities of the National or Branch Council and any committees appointed by them during the branch accounting year together with a financial statement duly certified as correct by the auditors to be appointed or at the Annual General Meeting. The Chairman, Hon Treasurer, and Secretary will at the discretion of the National Council operate an imprest Petty Cash account of up to Kshs. 10,000.00 each or as may be approved. This amount may be reviewed from time to time and approved in a resolution of a General Meeting. In the event that the National or Branch Council or any of its member incurs unbudgeted or unauthorised expenditure and fails to provide an acceptable explanation thereof, the Society may pass a resolution at a General Meeting to demand that funds so spent be refunded in full or in part. If the said persons fail and/or ignore to respond to the demands so made the society may institute appropriate disciplinary action including legal proceedings to recover such funds. No person or persons shall make any agreement or contract binding upon the Society or vary the terms of any existing contract or agreement except with the approval of the National Council, who may delegate to a specific member or members of the National Council authority to enter into any agreement or contract usual of the normal in the course of the general business of the Society. INDEMNITY The Office Bearers of the Society every one of them and every one of their heirs, successors, administrators executors and assignees shall be indemnified and held harmless out of the funds and property of the Society and against all actions, charges claims, losses, damages and expenses which they or any one of them or their heirs, successors, administrators and their executors and assignees shall or may sustain by reason of any act done in or about the execution of their respective duties in their respective offices, except such as they shall incur or sustain by reason of their own wilful neglect or default, provided that none of them shall be answerable for the wilful neglect or default of any other or for the neglect or default of any bank, or for insufficiency of any security upon which any monies of the society shall be placed or invested.

21.6

21.7

21.8

21.9

22.0 22.1

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23.0

BORROWING POWERS 1. The National or Branch Council may by resolution borrow sums of money for the purposes of the society, in such amounts and upon such security and subject to such conditions as may be specified in the resolution. 2. The National Chairman together with the Honorary National Treasurer and the Honorary National Secretary of the society shall be entitled to effect mortgage, bonds and debentures and other such deeds to secure any advance or loans granted to the society and to take all such steps as they may deem necessary.

24.0

AUDITORS 1. An auditor shall be appointed each year at the Annual General Meeting. 2. All the society's accounts and documents shall be open to inspection by the Auditor at all times. The Auditor shall be paid such an honorarium for his/her services as may be resolved by the National Council. The Auditor shall examine and certify the Accounts of the society and make a report thereof to the society. A copy of the Auditors report shall be furnished to all voting members of the society along with the notice covering the Annual General Meeting.

3.

4.

5.

25.0

CODE OF ETHICS 1. The Society shall draw up a Code of Ethics and standard of Professional Conduct of Pharmacy practise. 2. Every Member shall judiciously comply with the code of Ethics and any breach of the code shall be reported as soon as practicable to the National Council. The National Council shall cause to be investigated such a reported breach and if there is reasonable ground to suspect a breach, commission or admission of the breach:(a) (b) (c) summons a member to enter his/her defence reprimand the member if found guilty recommend action to be taken against the offender by the Pharmacy and Poisons Board. the National Council may appoint or delegate its powers to any of its standing committees or Branches or to any member to make thorough investigations and make recommendations to allegation of Professional
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Misconduct. 26.0 THE PHARMACY PRACTITIONERS PROFESSIONAL OATH 1. The National Council shall appoint a date and venue to administer the Pharmacy Practitioners Professional Oath to a full member who by virtue of circumstances shall not have taken the oath. 2. A full member who has sworn to the Oath shall enjoy use of titles, honour and privileges of the Society.

27.0

USE OF TITLES 1. A member shall be entitled to use such acronyms before or after his/her name respective to their category of Membership as from time to time the Society may decide. 2. Use of the title shall be at the pleasure of the Society and shall be subject to upholding the honour and dignity of the noble profession of pharmacy. A member may use the respective titles provided that whenever membership to the Society ceases for whatever reason, the affected person shall no longer be entitled to use the Title or its acronym aforementioned and shall desist from using the same. Names, addresses and place of Practice of a bona fide member shall be published in the official Journal of the Society by July of each year. Places of practise may be issued with annual Certificates of recognition or with compliance Certificates subject to approval in a Special General Meeting of the criteria and Certification procedure. EMBLEM The official emblem of the Society shall be used for the purposes of the Society only unless its use is sought and granted in writing by the National Council for whatever consideration the Council may levy. SEAL 1. There shall be a Seal of the Pharmaceutical Society of Kenya, which shall be used solely for the purposes of sealing any certificate. The Chairman shall ensure its safe keeping and shall be the only officer to sign for and on behalf of the Society. 2. The Seal shall be binding the Society and shall not be revoked except by a Resolution of the Society in a Special General Meeting called for that purpose.

3.

4.

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28.0 28.1

29.0

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30.0 30.1

CONFERENCES The society or Branch may hold a Symposium, Scientific Congress, Exhibition or Conference as a forum for continuing Education and at least one of such being held on Annual Basis. PUBLICATIONS The Society shall publish a Journal and a newsletter regularly for the purpose of disseminating, information to its member or allied professions which shall be called the Pharmaceutical Journal of Kenya, Pharma News or any other format approved by the Council and ratified in a general meeting. LEGAL PROCEDURE No Branch and no member on behalf of the Branch shall institute legal proceedings on behalf of the society without leave of the National Council. If legal proceedings are instituted against a member or Branch or Society in his capacity as a member of the Branch, the Branch concerned shall at once inform the National Secretary and thereafter be guided by National Council. ASSISTANCE The National or Branch Council upon its own motion may elect to give any assistance as they may deem fit to any member(s) be it Legal, Medical, Social or otherwise provided that such assistance is in furtherance to the objectives of the Society and after having satisfied itself that the assistance is in the best interest of the Pharmacy Profession. TRUSTEES There shall be trustees elected and empowered by the Society to look after the property of the Society when and if this is acquired. AMENDMENTS 1. No resolution involving an amendment or alteration to the constitution of the Society shall be considered at any special General Meeting unless notice thereof setting out the proposed amendments or alterations shall have been fully specified in the notice of at least 28 days convening the Special General Meeting. 2. No resolution involving an amendment or alteration to the constitution of the Society shall be declared carried in any Special General Meeting unless twothirds of the voting members present and voting shall have declared in favour of it. Within fourteen days of an amendment or alteration to the constitution having been resolved, the Honorary Secretary shall make application for ratification in writing signed by three office bearers, to the Registrar of Societies. No
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31.0 31.1

32.0 32.1

33.0 33.1

34.0 34.1

35.0

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amendment or alteration to the constitution shall be valid until such ratification has been received in writing from the Registrar of Societies. 36.0 DISSOLUTION 1. The Society may be dissolved at any time by a resolution of not less than three fourths of the members present at a Special General Meeting called for that purpose the quorum for the special general meeting having been achieved. 2. A notice of at least 28 days of any such proposal shall be given to all members of the Society. Any resolution purporting to dissolve the Society shall not be effective unless the permission of the Registrar of Societies has been obtained in response to an application made to him and signed by three of the office bearers. When the dissolution of the Society has been approved by members and the Registrar of Societies, no further action shall be taken by the National Council or by any office bearers of the Society other than to liquidate for cash all the assets of the Society and the payment of all debts due by the Society. Any Cash balance remaining to the Credit of the Society and any books, papers, or other properties of the Society shall after dissolution has been effected be handed over to the Trustees empowered by the Society to look after the property of the Society and thereafter to be distributed in such a manner as may be decided. END

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