Thanks Christine, @ Dotto I just gave my opinion on the type of
organisation I would vouch for, majority will carry the day, we need
not to fear making our choices known, we need to move in terms of
decision making since most listers are volunteering their time and
resources, let's keep the bus moving.

On 9/2/11, DOTTO COMPUTER AGENCY LTD <dottocomp@yahoo.com> wrote:
> Barrack why don't we ppl exhaust the issue first before the correct position
> of society and NGO is sorted out amicably
>
>
>
>
> ---------------------------------------------------------------------
> Imagination is more important than knowledge
> ---------------------------------------------------------------------
>
>
>
> ________________________________
> 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@orion.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@orion.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://mc/compose?to=isoc@orion.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

--
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