---

From: Barrack Otieno <otieno.barrack@gmail.com>
To: Grace Mutung'u (Bomu) <nmutungu@gmail.com>; Walubengo J <jwalu@yahoo.com>; McTim <dogwallah@gmail.com>; isoc@lists.my.co.ke
Sent: Friday, September 2, 2011 12:40 AM
Subject: Re: [ISOC_KE] Draft By Laws ISOC_Ke

Thanks Grace, I would go for a Society as stated earlier NGOs can be a
headache to manage.

On 9/2/11, Grace Mutung'u (Bomu) <nmutungu@gmail.com> wrote:
> To decide the body we want, we must first agree on what ISOC Kenya wants to
> do. Here is some basic info:
> --------
> Society: 10 or more people registered under the Societies Act for purposes
> of association. Easy to register and operate as one only has to have
> elections as per society's Constitution and file annual returns which do not
> attract many taxes.
> Ideal for democratic groups of people associating as a co-curricular
> activity because members can carry out a wide scope of activities as
> described in their constitution.
> Requirements for registration: constitution,registered office, interim
> officials, statutory fees...
>
> Trust/Foundation: Very ambiguous in Kenyan law. Requires execution of a
> trust deed with names of trustees. returns require filing of trust accounts
> (because a trust basically means keeping properties on behalf of others)
> Many foundations which carry out a lot of activities end up just registering
> a company limited by guarantee (eg KENIC)where the law is clearer.
>
> NGO "Non-Governmental Organization" means a private voluntary grouping of
> individuals or associations, not operated for profit or for other commercial
> purposes but which have organized themselves nationally or internationally
> for the benefit of the public at large and for the promotion of social
> welfare, development charity or research in the areas inclusive of, but not
> restricted to, health, relief, agriculture, education, industry and the
> supply of amenities and services.....this definitely excludes public bodies
>
> To register an NGO one needs a constitution, a declaration on offices of the
> organization;the head office and postal address of the organization; the
> sectors of the proposed operations; the districts, divisions and locations
> of the proposed activities; the proposed average annual budgets; the
> duration of the activities; all sources of funding;national and
> international affiliation.
> They are subject to taxes.
>
> Cheers,
> Grace
>
>
> 2011/9/2 Walubengo J <jwalu@yahoo.com>
>
>> You can also be a Trust.  Mayb @Bomu could explore which is the better
>> option..Society, NGO, Trust, Foundation etc.
>>
>> walu.
>>
>> --- On *Fri, 9/2/11, Barrack Otieno <otieno.barrack@gmail.com>* wrote:
>>
>>
>> From: Barrack Otieno <otieno.barrack@gmail.com>
>> Subject: Re: [ISOC_KE] Draft By Laws ISOC_Ke
>> To: "Grace Mutung'u (Bomu)" <nmutungu@gmail.com>, "McTim" <
>> dogwallah@gmail.com>, isoc@lists.my.co.ke
>> Date: Friday, September 2, 2011, 1:02 AM
>>
>>
>> Absolutely Grace, I wonder what's the take of members, should we just
>> be a society or an NGO, I prefer the former, secondly how will the
>> society relate with our cctld registry?
>>
>> On 9/1/11, Grace Mutung'u (Bomu)
>> <nmutungu@gmail.com<http://mc/compose?to=nmutungu@gmail.com>>
>> wrote:
>> > BTW, this society also has to be registered in Kenya with the Registrar
>> of
>> > Societies. Someone should keep that in mind as we apply for the chapter
>> > registration too.
>> > Yes, I will be happy to assist once people have given their input.
>> > Cheers!
>> >
>> > 2011/9/1 Barrack Otieno
>> > <otieno.barrack@gmail.com<http://mc/compose?to=otieno.barrack@gmail.com>
>> >
>> >
>> >> Thanks McTim and Grace for your insightfull responses, Grace and any
>> >> other members from the legal fraternity, do you mind volunteering your
>> >> expertise to help refine the document, as mentioned a member
>> >> volunteered to put this together and it is great to see the reactions
>> >> coming forth, what do other members think?, Jolie posted a copy of
>> >> bylaws for the NY chapter we can also compare the two.
>> >>
>> >> On 9/1/11, McTim
>> >> <dogwallah@gmail.com<http://mc/compose?to=dogwallah@gmail.com>>
>> wrote:
>> >> > Hi,
>> >> >
>> >> > Where did these come from? (copy and pasted from somewhere else I
>> >> imagine,
>> >> > as it would be a lot of work to write up new by-laws from scratch!)
>> >> >
>> >> > here are my nits picked:
>> >> >
>> >> > 1.ii
>> >> > "To represent the Kenyan Internet community in government committees
>> and
>> >> in
>> >> > other local and international forums that deal with the various
>> >> > technical, legal and social aspects of the Internet,"
>> >> >
>> >> > Are such bodies as ISOC allowed to sit on government committees? Or
>> are
>> >> we
>> >> > talking about things like the ICT Board and IPv6 forum??
>> >> >
>> >> >
>> >> > I would like Section 1. to say more about increasing Interent access
>> in
>> >> > Kenya I think.
>> >> >
>> >> > When did we decide we would have dues paying members?  I had thought
>> >> > that
>> >> > was an open issue?
>> >> >
>> >> > Section 7:
>> >> >
>> >> > "7. Any members of the Chapter may file charges against a member by
>> >> filing a
>> >> > written complaint with the Secretary of the Chapter."
>> >> >
>> >> > WTF is this about? Is this needed? really?
>> >> >
>> >> >
>> >> > Article IV
>> >> >
>> >> > 2". Board membership shall be drawn from key sectors of the Kenyan
>> >> > Internet community, primarily sponsoring organizations:
>> >> >
>> >> >
>> >> > Government (1)
>> >> >
>> >> > Private Sector (2)
>> >> >
>> >> > Academia (1)
>> >> >
>> >> > Civil Society (1)
>> >> >
>> >> > Members-at-large (2)"
>> >> >
>> >> >
>> >> > I'm not so keen on divvying up seats like this.  What if we can't
>> >> > find
>> a
>> >> > good person from gov't to sit on the Board?  Will we be then forced
>> >> > to
>> >> have
>> >> > a clueless person on the Board just to satisfy the By-laws?
>> >> >
>> >> > Same with the other stakeholder groups I think.
>> >> >
>> >> >
>> >> > In general I think we will have problems due to the gender parity
>> rules.
>> >> >
>> >> >
>> >> > If there are 7 board Members, and 1/3 must be women, then that means
>> at
>> >> > least 3 women.  If there are 4 officer seats, and a 1/3 must be
>> >> > women,
>> >> then
>> >> > that means 2 women at all times must be Officers.
>> >> >
>> >> > What if we have problems recruiting that many women willing to serve?
>> >> >
>> >> > Article XII 1:
>> >> >
>> >> > "All proposed changes to these Chapter Bylaws shall have been
>> >> > approved
>> >> > by
>> >> > the Senior Manager, Chapters and individual Memberships"
>> >> >
>> >> > Who is the "Senior Manager" ?
>> >> >
>> >> > In general I find it to be a very formal document, suggesting
>> >> > physical
>> >> > offices, Standing committees, etc.  Will we be able to sustain such
>> >> > an
>> >> > operation?
>> >> >
>> >> > What will our source(s) of funding come from?
>> >> >
>> >> > For a first draft tho, it's not bad!
>> >> >
>> >> > Regards,
>> >> >
>> >> > McTim
>> >> >
>> >> >
>> >> >
>> >> > On Thu, Sep 1, 2011 at 12:47 PM, Barrack Otieno
>> >> > <otieno.barrack@gmail.com<http://mc/compose?to=otieno.barrack@gmail.com>
>> >wrote:
>> >> >
>> >> >> Listers,
>> >> >>
>> >> >> Kindly go through the attached document prepared by one of us, let
>> >> >> us
>> >> >> comment on the same before the next meeting.
>> >> >>
>> >> >> --
>> >> >> Barrack O. Otieno
>> >> >> Afriregister Ltd (Kenya)
>> >> >> www.afrire <http://www.afriregister.com>gister.bi,
>> >> >> www.afriregister.com<http://www.afriergister.com>
>> >> >>  <http://www.afriregister.com>ICANN accredited registrar
>> >> >> +254721325277
>> >> >> +254-20-2498789
>> >> >> Skype: barrack.otieno
>> >> >>
>> >> >>
>> >> >> _______________________________________________
>> >> >> isoc mailing list
>> >> >> isoc@lists.my.co.ke <http://mc/compose?to=isoc@lists.my.co.ke>
>> >> >> http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
>> >> >>
>> >> >>
>> >> >
>> >> >
>> >> > --
>> >> > Cheers,
>> >> >
>> >> > McTim
>> >> > "A name indicates what we seek. An address indicates where it is. A
>> >> > route
>> >> > indicates how we get there."  Jon Postel
>> >> >
>> >>
>> >> --
>> >> Sent from my mobile device
>> >>
>> >> Barrack O. Otieno
>> >> Afriregister Ltd (Kenya)
>> >> www.afrire <http://www.afriregister.com>gister.bi,
>> >> www.afriregister.com<http://www.afriergister.com>
>> >> <http://www.afriregister.com>ICANN accredited registrar
>> >> +254721325277
>> >> +254-20-2498789
>> >> Skype: barrack.otieno
>> >> _______________________________________________
>> >> isoc mailing list
>> >> isoc@lists.my.co.ke <http://mc/compose?to=isoc@lists.my.co.ke>
>> >> http://orion.my.co.ke/cgi-bin/mailman/listinfo/isoc
>> >>
>> >
>> >
>> >
>> > --
>> > Grace L.N. Mutung'u (Bomu)
>> > Kenya
>> > Skype: gracebomu
>> > Twitter: GraceMutung'u (Bomu)
>> >
>>
>> --
>> Sent from my mobile device
>>
>> Barrack O. Otieno
>> Afriregister Ltd (Kenya)
>> www.afrire <http://www.afriregister.com>gister.bi,
>> www.afriregister.com<http://www.afriergister.com>
>> <http://www.afriregister.com>ICANN accredited registrar
>> +254721325277
>> +254-20-2498789
>> Skype: barrack.otieno
>> _______________________________________________
>> isoc mailing list
>> isoc@lists.my.co.ke <http://mc/compose?to=isoc@lists.my.co.ke>
>> http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc
>>
>>
>
>
> --
> Grace L.N. Mutung'u (Bomu)
> Kenya
> Skype: gracebomu
> Twitter: GraceMutung'u (Bomu)
>

--
Sent from my mobile device

Barrack O. Otieno
Afriregister Ltd (Kenya)
www.afrire <http://www.afriregister.com>gister.bi,
www.afriregister.com<http://www.afriergister.com>
<http://www.afriregister.com>ICANN accredited registrar
+254721325277
+254-20-2498789
Skype: barrack.otieno
_______________________________________________
isoc mailing list
isoc@lists.my.co.ke
http://lists.my.co.ke/cgi-bin/mailman/listinfo/isoc