ELECTION BY-LAWS (RULES)
(Under the Constitution of Kenya Article 41, 4(a)(b), Labour Relations Act Section 34(1),The Union Constitution Chapters:- VI(5),VII, 1, 7 ,a ,b , XIX, XVIII)
1. Except or as otherwise herein expressly provided that all officials and representatives of the union shall be elected at the end of every one term of five years through a secret ballot in a general election, elections shall be done concurrently at all levels.
2. Only such members of the Union being enrolled or registered nurses shall be eligible to contest offices and shall be committed to good governance and show proof of commitment to fighting corruption. Notwithstanding the provision of this clause the General Secretary may be a person not being enrolled or a registered nurse provided that he/she meets the requirements of the Union Constitution and all applicable laws in place for the time being.
3. Every national officer of the Union shall vacate his/her office after the expiry of five years, but shall be eligible for-election. The General Secretary shall remain in office until such election is held and new officials take over.
4. On application to the National Election Board and upon approval of the Registrar of Trade Unions, the Registrar may on application by the union permit any other office to be filled by a person not employed as a nurse in a branch through which he/she seeks nomination.
5. Application for nominations for the National Governing Council or National Executive Council officials, Branch Officials and Institutional Representatives shall be submitted in writing to the National Election Board, within specified period in the Election Notice.
6. No individual, official or a committee member of any other union, Professional Societies or Associations shall put himself forward as a candidate for the nomination of the Union at the Institutional, Branch or National unless he/she has resigned from that other position six months before the general election.
7. No individual, official or a committee member of any other union/ professional Societies/ associations shall put himself forward as a candidate for the nomination of the Union at either the Institutional, Branch or National, if during his or her time as an official in those organizations failed to offer protection to members, He / She represented whether the member was a nurse or not, on prejudicial and all other forms of victimization. Such member shall be subjected to the provision of Chapter XXI.
8. A notification shall show the name of prospective candidate, his/her age and his/her Trade Union Membership Card Number.
9. Such notification shall be sent to the Union Headquarters three months before the national election and shall be accompanied by a fee of KSHs 20,000 for Branch, 30,000 for National position and 50,000 for General Secretary.
10. The persons who wish to contest the position of the General Secretary must have demonstrated and involved in union leadership for a period of not less than 5 years and shall be conversant with Employment and Labour Laws.
11. At the same time as a prospective candidate sends his/her notification to Union National Headquarters, he shall send a signed copy thereof to the Branch in which he/she wishes to be considered for the nomination.
12. All members aspiring to contest for national offices shall show prove of having worked in main stream health care delivery system for a period of not less than five years.
13. All members intending to contest for a branch/institutional offices shall show prove of having worked in main stream health care system for a period of not less than three years.
14. Members shall have the freedom to run for three consecutive positions at institutional level, branch level and national level (one position at every level).
15. Once elected at the National Office the official shall relinquish one other position elected at branch or institution and the run – up shall automatically take over that position. There shall be no bye elections in such circumstances.
16. In the event of a national officer of the Union dying, or resigning, during his/her five year term of office, the deputy shall take over until the end of the remaining term.
17. No person who has used Instruments of the Union including the registered name, certificate, logo or letter head, to communicate or transact any business which have ridiculed the image and reputation of the Union on such sites as twitter, facebook, blogs e.t.c, Advertisements in print or electronic media or any other sabotage to the activities and programs of the union shall be eligible for election of the Union.
18. No person who has infringed any of the terms and conditions of the constitution of the union or acted in manner which is detrimental to the interest of the Union and membership shall be eligible for election.
19. A person who has been expelled from the Union leadership by the National Governing Council on account of fraud shall not be eligible to vie for any position in the Union Leadership.
20. If the Union has reported a case of Criminal in Nature and the person has not been cleared by the National Governing Council/Court of Law such person shall not be eligible to vie.
21. No person who has been convicted of a Criminal offence involving fraud or dishonesty shall be eligible to contest any elective post in the Union.
22. No person shall be a voting member unless that person is engaged as a nurse in the branch he/she seeks to vote.
23. Every person vying for any position in the union shall obtain Nomination Forms at a non-refundable fee of Kshs. 2, 000 which should be paid in cash to the National Office and a receipt be issued thereafter.
24. Nominations forms shall be returned together with the application fee specified in Rule No. 9 as per the Election Notice.
25. The National Election Board shall vet all applicants within (7) seven days from the expiry of the Election Notice.
26. Campaigns shall be conducted within the stipulated time.
27. The National Election Board shall decide where the polling station shall be situated.
28. The National Election Board shall declare any position with Not more than one (1) candidate as unopposed at the end of Election Notice.
29. Election results shall be transmitted by the returning officer via short SMS system and tally sheets shall be signed by the returning officer and sent to the union headquarters with a report of the election.
30. All successful nominees shall be issued with a Certificate of Nomination.
31. All nominees shall be issued with a copy of nomination form showing reasons for being unsuccessful or being successful.
BY A RESOLUTION OF
THE NATIONAL EXECUTIVE COUNCIL
MADE ON 8TH DECEMBER 2014