Table of Contents. 

1. NAME 

2. OBJECTIVES 

3. MEMBERSHIP 

4. MEMBERSHIP FEES

5. MEMBERSHIP RIGHTS AND DUTIES 

6. CLUB COMMITTEE STRUCTURE AND PROCEDURE.

7. CLUB OFFICERS 

8. CLUB SUB-COMMITTEE 

9. PERIOD OF OFFICE 

10. RETIREMENT 

11. ELECTION OF OFFICERS AND SUB-COMMITTEE

12. COMMITTEE’S POWERS AND DUTIES  

13.  THE ANNUAL GENERAL MEETING 

14. SPECIAL GENERAL MEETING 

15. WEIGHMASTERS 

16. GENERAL 

17. AUDITOR

18. FUNDS

19. BRANCHES

20.AMENDMENTS TO THE CONSTITUTION

21.DISSOLUTION

22.INSPECTION OF ACCOUNTS & LIST OF MEMBERS

CONSTITUTION OF THE DIANI FISHING CLUB

1. NAME 

The name of the Society is THE DIANI FISHING CLUB and is hereafter referred to as the “Club”. 

2. OBJECTIVES 

  1. To maintain and further the interests of sport fishing social activities and to that end provide social and recreational facilities for the use of Members and their guests and or clients nationally, regionally and internationally. 
  2. To foster the spirit of harmony and good fellowship among all anglers and maintain the best traditions of angling conforming to international and national standards. 
  3. To encourage boat owners on the Southern coast of Kenya to register their boats with the Club. 
  4. To provide the relevant Government agencies with assistance to meet the regulatory requirements of the industry as well as international best standards 
  5. To assist the Government by conforming to regulations relating to angling and other activities and pay due regard in particular to the requirements of the different sub-section activities. 
  6. The protection and preservation of game fish and their food supply within East African waters. 
  7. To accumulate reliable piscatorial information and place such information at the disposal of visiting and local anglers. 
  8. To organize and conduct tournaments for the welfare of the Club and its members. 
  9. To weigh and keep accurate records of saltwater fish captured offshore and to award such trophies as become available for competition by members of the Club and national, regional and international competitors and to issue certificates. 
  10. To award season’s certificates and trophies as determined by the committee to Members of the club. 
  11. To develop further the welfare of the Club as members from time to time deem necessary. 
  12. To purchase, sell, exchange, take on lease, hire, let or otherwise acquire, dispose of, deal with any real and personal property, to erect and maintain buildings and other facilities, to open and operate bank or savings accounts, to lend and borrow money, to enter into contracts, operate licensed premises, employ staff and generally to do any act necessary or convenient for the purposes of this or any of the aforesaid objects. 
  13. In pursuance of its objects, the Club shall not permit any part of its income or other funds to be used or be made available for the private pecuniary profit of any member except in cases where such member is engaged by the Club to perform such professional or other normal services as may be required from time to time. 

3. MEMBERSHIP 

  1. The candidate for admission as a member shall be proposed by one member and seconded by another, both of whom shall vouch from their personal knowledge for the fitness of the candidate. The particulars relating to a candidate shall be posted on the Club noticeboard for a period of fourteen days preceding the date when the candidate comes up for election. The election of a candidate to Club membership shall be by a majority of the committee present at the Committee meeting at which the candidate’s admission is considered. Any candidate not elected shall not be proposed again for election within a period of twelve months PROVIDED THAT the committee may itself, or by delegation of its authority may authorise any person or persons to, provisionally accept any duly nominated candidate wishing to fish in a Club tournament or charter a boat. Any candidate provisionally accepted in accordance with this provision shall be deemed to be a fully financial member pending ratification or declining of membership at which the candidate’s nomination is considered in accordance with the foregoing provisions. 
  2. Membership shall begin on the 1st of January on any one year and expire on the 31st of December in each year. 
  3. Subscriptions shall be paid in advance and shall become due for payment on the 1st day of January each year. 
  4. Financial members shall be those who have paid their subscriptions within the membership year and deemed financial from the payment date of the subscription. 
  5. Permanent members shall be persons who pay in one sum, subscriptions in advance at a rate determined by the Committee for a set number of years and shall be exempt from annual subscriptions during that period. 
  6. Junior anglers shall be anglers aged sixteen and under at the time of capture and shall be entitled to financial membership, excluding voting rights. 
  7. Life members shall be members who have rendered special services to the Club over a period of years and shall be elected at the Annual General Meeting upon a recommendation from the committee and shall be deemed to be financial members. 
  8. Life members shall be those members who either purchased life membership or granted life membership for rendering special services to the Club and shall be elected at the Annual General Meeting upon a recommendation from the committee and shall be deemed to be financial members. 
  9. Associate members shall be persons other than financial members. 
  10. Family membership shall include a maximum of two financial members and children aged sixteen and under at the time of capture. 
  11. Only financial members, permanent honorary life and life members will qualify to hold office in the Club and cast one vote at meetings. 
  12. Day anglers will be associate members who pay a daily fee, which shall be valid from 6:00am (06:00) on the day the fee is paid until 11:00pm (23:00) on the same day. This day fee will entitle such day anglers to have game fish caught on that day weighed and recorded, use of the bar and other limited club facilities. Such anglers will be eligible to participate in sponsored fishing tournaments, but ineligible to participate in the award of the Club trophies or pins. 
  13. Corporate Members shall be members who belong to a corporation, body or company and must form part of a minimum of 10 people from the one corporation, body or company. They will have no voting rights, will be ineligible to stand for the committee and also ineligible for members draws and ham night draws but will be bound by the Club Constitution and Rules. Individuals on a corporate membership may upgrade their status at any time by paying the difference between the corporate membership fee and the full membership fee. Corporate membership fees are to be reviewed annually at the same time as all other subscriptions, fees and levies.

4. MEMBERSHIP FEES

  1. When applying for first-time membership, an initial Entry fee or Joining fee will be charged as a once-off payment. 
  2. The Club year runs from 1st January through 31st December, therefore members joining during the course of the year the membership subscription will be on a pro rata calculation. 
  3. All other fees (Affiliation fee, Boat inspection fee (see section 3), Club Pennant (once off), boat discs will be charged annually).
  4. Entry fee/Joining fee: Paid on initial acceptance to the Club. 
  5. Subscriptions: Fees paid by members for Subscriptions from 1st August through to 31st July.
  6. Fee structure is reviewed at the Club’s AGM, usually held in August each year. 
  1. Full membership: Members residing in and around Diani Beach 
  2. Country membership: Members residing 50km or more away from Diani Beach. 
  3. International Membership: Members residing outside the Republic of Kenya.
  1. Bank account details for Electronic Funds Transfers (EFT) or Direct Deposit (DD) payments of Subscriptions will be provided to Members at the time of joining.
  2. Boat inspection: New members joining the club will be initially required to have a boat inspection, after which the member will be issued with a Boat disc and Club flag
  3. Boat disc: A disc issued by the Club Safety officer once he has signed off the boat’s safety and compliance with the club Rules. This must be displayed on the member’s boat along with the flag at all times. 

5. MEMBERSHIP RIGHTS AND DUTIES 

  1. All financial, permanent, honorary life and life members shall have equal rights to Club facilities privileges. 
  2. All members must abide by the Club Rules and Regulations. 
  3. If representation is made in writing of a member’s misconduct in or out of the Club, the Committee at its discretion will hold any enquiry and require that member to attend. 
  4. If the member fails to attend such enquiry, or if the member does attend, and the Committee finds evidence that such misconduct was injurious to the standing or interest of the Club the Committee may 
  1. Request a written apology. 
  2. Reprimand the member in writing. 
  3. On a majority vote suspend the member for a period not exceeding 12 months. 
  4. On a unanimous vote expel the member from the Club. 
  1. The Committee shall have the right to defer any application for membership should it see fit to do so for any whatsoever. 
  2. A member shall cease to be a member of the Club in any of the following events 
  1. If, having paid the then current year’s subscription and all previous years’ subscriptions, he shall by notice in writing to the Club resign from membership. 
  2. If, having failed to pay his subscription two months after the date appointed for the payment thereof, the member’s name shall be removed from the Club’s register of members. 
  3. If the member be expelled from membership by a resolution of a General Meeting, or suspended by a unanimous resolution of the Committee. 

6. CLUB COMMITTEE STRUCTURE AND PROCEDURE.

  1. The general affairs of the Club shall be managed by a Committee consisting of five Sub-Committee members, the Chairman, the Vice Chairman, the Club Secretary, the Club Treasurer and the Club Captain. 
  2. The Committee shall, at its first meeting following the Annual General Meeting appoint a Chairman, who shall hold such office until the next Annual General Meeting. 
  3. The Committee shall normally meet monthly or when summonsed by the Chairman. 
  4. Voting shall be by majority and the Chairman will also have a casting vote. 
  5. Non-attendance at two consecutive Committee meetings by a Committee member will cause the member’s position to be forfeited unless granted leave of absence or excused on reasonable grounds. 
  6. In the event that a Committee member, in the absence of being excused on reasonable grounds attends less than nine-twelfths of the yearly meetings that person shall not be eligible for re-election to the Committee in the subsequent year. 
  7. A Committee member may be removed from their position as Committee member by a two-thirds majority vote of the Committee for failing to carry out the functions allotted and accepted by the member. The Committee’s decision shall be final and no correspondence or discussion will be entered into in respect of that decision. 
  8. Six (6) voting members shall constitute a quorum. 
  9. The Club Committee in full shall consist of Ten (10) members.

7. CLUB OFFICERS 

The Club officers shall be as follows 

  1. Chairman. 
  2. Vice Chairman. 
  3. Club Captain (Fishing). 
  4. Club Treasurer. 
  5. Club Secretary. 

The Past Chairman qualifies for voting rights in the Committee. 

8. CLUB SUB-COMMITTEE 

The Club Sub-Committee shall consist of five Committee members. 

9. PERIOD OF OFFICE 

The period of office for all Officers shall be one year, and for Sub-Committee members, two years. 

10. RETIREMENT 

The Club Officers and the four longest serving Committee members shall retire every year, but upon re-nomination may offer themselves for re-election. 

11. ELECTION OF OFFICERS AND SUB-COMMITTEE 

  1. The Chairman, Vice Chairman, Club Captain, Club Treasurer, Club Secretary and five (5) sub-committee members shall be nominated in writing. Such nominations must be in the hands of the Club Treasurer and the Club Secretary by 4.00pm (16:00) on the twenty eighth day before the date set for the Annual General Meeting. 
  2. Nominations for the above must be of financial, life or permanent members, must be proposed and seconded by financial, life or permanent members, and must be with the consent of the nominee. 
  3.  
  1. A candidate who stands for an Officer’s position or who stands for a committee vacancy can only accept nomination for one Officer’s position and one Committee member’s position. 
  2. A candidate for position of Chairman, Vice Chairman or Club Captain must have served a minimum of the preceding 12 months on the Club’s Committee.
  1. Election shall be by postal ballot papers showing the candidates’ names, and the names in each case of the proposer and seconder shall be prepared and posted to members by the Club Secretary not later than the fourteenth day before the date set for the Annual General Meeting. The ballot or poll shall close with the Club Secretary at 4.00pm (16:00) on the day before the date set for the Annual General Meeting. 
  2. In the event of nominations received equalling the number required, no postal ballot will be required and those nominated shall be confirmed at the Annual General Meeting. 
  3. In the case of insufficient nominations being received for the vacant positions, nominations to fill the shortfall shall be accepted from the floor at the Annual General Meeting and voting for the positions shall be decided by ballot paper. 
  4. In the event of a tie two candidates or more for the one position, a vote by ballot paper shall be taken immediately at the Annual General Meeting. 
  5. Vacancies occurring after the Annual General Meeting through retirement or any other cause may be filled by the Committee at the Committee’s discretion. Any person seconded to the Committee pursuant to the provisions of this section shall retire at the Annual General Meeting following their appointment to the Committee but upon re-nomination may offer themselves for re-election. 

12. COMMITTEE’S POWERS AND DUTIES 

  1. The elected Committee shall have authority to employ an Honorary Secretary and such staff as may be required to facilitate the business of the Club. 
  2. To appoint sub-committees to deal and assist with any of the Committee’s duties. 
  3. From time to time, to make, alter, add to or rescind any Club By-law or Regulation for the good management of the Club, consistent with these Constitutional Rules. 
  4. Exercise all the corporate powers of the Club, accept give and execute mortgages on Club leasehold lands or properties. 
  5. Any departure from clauses re mortgages or debentures can only be exercised pursuant to a resolution of a General Meeting. 
  6. The Committee shall keep proper records, balance sheets and receipts which shall be presented to the auditor so that a true statement of accounts and balance sheet for the preceding year can be audited by the auditor and be available to all financial members at least seven days before the Annual General Meeting. 
  7. The Committee shall keep proper minutes and records of meetings. 
  8. The Committee shall have notices of the Annual General Meeting or any General Meetings with an agenda outlining the business of such meeting posted to all financial members not later than fourteen days before the date of such meeting. 
  9. The Committee shall appoint a delegate to the Kenya Association of Sea Anglers (K.A.S.A) 
  10. The Committee shall appoint a delegate to the African Billfish Foundation (A.B.F)
  11. The Committee shall appoint a delegate to the International Game Fishing Association (I.G.F.A)
  12. The Committee shall control the Club’s common seal which shall be used only by resolution of the Committee and in the presence of at least two Committee members. 
  13. The Committee shall control the Club’s funds and may invest such funds from time to time for the benefit of the Club. 
  14. The Committee shall recommend all subscriptions, fees and levies for the ensuring year and shall submit them to the Annual General Meeting for approval. 
  15. The Committee shall maintain unencumbered reserves of no less than the equivalent of one year’s working capital, which can only be released if approved at an AGM or SGM.
  16. The Committee shall not borrow against Club assets without approval at an AGM or SGM. 

13.  THE ANNUAL GENERAL MEETING 

  1. The Annual General Meeting of the Club shall be held not later than the last Saturday in August of every year. 
  2. Voting shall be by a show of hands, but a secret ballot shall be taken if requested by a minimum of four financial members present. The majority vote shall prevail. The chairman at any General Meeting (whether the Chairman, the Vice-Chairman or any other person so elected) shall accept at any General Meeting a proxy on behalf of a Member lodged at such meeting in writing signed by the member appointing the proxy. A member present at the meeting can only represent one proxy vote. 
  3. The quorum at any General Meeting shall be fifteen (15) financial members present. 
  4. The Chairman, or in his absence, a Vice-Chairman shall preside at all General Meetings and in the absence of these, the members shall elect their own Chairperson from amongst their number. The Chairman or other (appointed) Chairperson for the time being shall have a casting vote as well as a deliberate vote and shall decide all questions arising at the meeting not specifically provided for in these rules. 
  5. The business of the Annual General Meeting shall be in the following order 
  • Receive apologies. 
  • Receive the President’s report. 
  • Receive the financial statement. 
  • Elect officers and additional committee members for the unsung year. 
  • Appoint an auditor. 
  • Consider general business. 

14. SPECIAL GENERAL MEETING 

  1. A Special General Meeting may be called at any time on the resolution of the Committee or on requisition stating the object of the meeting lodged with the Secretary and signed by not less than ten current financial members. 
  2. General rules as for the Annual General meeting shall apply. 

15. WEIGHMASTERS 

Weigh masters shall be appointed by the Committee.

16. GENERAL 

  1. No addition to, alteration or revision of these Rules shall be made except at a General Meeting by three-fifths of the members present and entitled to vote at any General Meeting of the Club for which due notice of the proposed addition to, amendment or revision has been given. 
  2. Notice of addition to, amendment or revision shall be on the recommendation of the Committee or in writing in the form of a notice of motion to be submitted to the General Meeting intended to consider the same. Such notice shall be signed by no fewer than ten financial members and be delivered to the Club Secretary not later than twenty-eight days before the general meeting at which it is proposed to consider the notice of motion. 
  3. Where it is proposed that an existing rule be revoked, the text of the existing rule shall be included in the notice. 
  4. Where it is proposed that an existing rule be altered, the text of both the proposed new rule and the text of the existing rule shall be included in the notice. 
  5. The Club Secretary shall give members not less than fourteen clear days’ notice of any proposed Constitutional amendment. 
  6. If any amendment be made to this Constitution pursuant to these rules, the Club Secretary shall send the same to the Registrar of Societies (Kenya) as soon as possible. 
  7. The Club’s financial year shall be from 1st January to 31st December. 
  8. The Club’s fishing year shall be from 1st  August to 30th April. Any fish caught after 30th April will be recorded in the ensuing year. 
  9. In the event of the Club being wound up, and subject to the restrictions imposed by rule 2(i), it’s surplus property and assets shall, after payment of all costs, expenses, debts and liabilities, be applied and disposed of in such manner as will be to the benefit of any amateur sporting club, as the Diani Fishing Club shall direct by resolution passed at a General meeting and confirmed (with or without alterations) at a subsequent General Meeting held not earlier than thirty days and not later than sixty days after such resolution was passed. 
  10.  
  11. AUDITOR
  1. An auditor shall be appointed for the following year by the annual general meeting. All the society’s accounts, records and documents shall be opened to the inspection of the auditor at any time. The Club Treasurer shall produce an account of his receipts and payments and a statement of assets and liabilities made up to a date which shall not be less than six weeks and not more than three months before the date of the annual general meeting. The Auditor shall examine such annual accounts and statements and either clarify that they are correct, duly vouched and in accordance with the law or report to the society in what respect they are found to be incorrect, unvouched or not in accordance with the law.
  2. A copy of the auditor’s 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 annual general meeting is sent out. An auditor may be paid such honorarium for his duties as may be resolved by the annual general meeting appointing him.
  3. No auditor shall be an office bearer or a member of the committee of the society.
  1. 18.FUNDS
  2. The funds of the society may only be used for the following purposes-
  3. (Insert all the purposes that the funds of the Club may be applied to)
  1. All moneys and funds shall be received by and paid to the Club Treasurer and shall be deposited by him in the name of the Club in any bank approved by the committee.
  2. No payments shall be made from the bank account without a resolution of the committee authorizing such payment and all cheques on such bank account shall be signed by the Club Treasurer and Chairman.
  3. 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 Club 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.
  4. The financial year of the society shall be from 1st January to 31st December.
  1. BRANCHES

Branches of the Club may be formed with the approval of the committee and the Registrar of Societies, and they will adopt the same constitution as that of the headquarters with the following exceptions:

  1. The aims and objects will not include the formation of branches.
  2. Amendments to the constitution can only be made by the headquarters of the Club.
  3. The provisions of rule 15 shall apply to branches but, in addition, branches will not be dissolved without consultation with their headquarters.
  1. AMENDMENTS TO THE CONSTITUTION

Amendments to the constitution of the Club must be approved by at least two-thirds majority of members at a general meeting of the Club. 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.

  1. DISSOLUTION
  1. The Club shall not be dissolved except by a resolution passed at a general meeting of members by vote of two-thirds of the members present. The quorum at the meeting shall be as shown in rule 8 (f). If no quorum is obtained, the proposal to dissolve the Club shall be submitted to a further general meeting which shall be held one month later.  Notice of this meeting shall be given to all members of the society at least 14 days before the date of the meeting. The quorum for this second meeting shall be the number of members present.
  2. Provided, however, that no dissolution shall be affected without prior permission in writing of the Registrar, obtained upon application to him made in writing and signed by three of the office bearers.
  3. When dissolution of the society has been approved by the Registrar no further action should be taken by the committee or any office bearer of the society in connection with the aims of the Club other than to get in and liquidate for cash all the assets of the Club. Subject to payment of all the debts of the society, the balance thereof shall be distributed in such a manner as may be resolved by the meeting at which the resolution for dissolution is passed.
  1. INSPECTION OF ACCOUNTS AND LIST OF MEMBERS

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

  1.  

Filed with the Registrar of Societies (Kenya). 

As of 28th July 2020.