The Transformative Development Party
(TDP Constitution, 2025
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THE TRANSFORMATIVE
DEVELOPMENT PARTY
(TDP)
CONSTITUTION
2025
The Transformative Development Party
(TDP Constitution, 2025
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CONSTITUTION OF THE TRANSFORMATIVE DEVELOPMENT PARTY (TDP)
Preamble and Guiding Principles
We the party members;
Deeply inspired by the enormous sacrifices that our f o u n d i n g f a t h e r s made to
attain the independence of Kenya.
Recognizing that on such hard won freedom lies the foundation of a just government, deriving its
powers from the consent and general consensus of the people.
Aware of the tremendous burden borne by the ordinary Kenyan each day to resource the national
and devolved governance of this State in order to attain the status of a developed nation.
Believing in the self-manifest truth that unity is an important ingredient for the attainment of a
happy and prosperous society.
Intent on striving toward a nation where the welfare of each one of us is the concern of all of us.
Appreciating the indisputable fact that the prosperity of our nation and its people lies in their
increased economic empowerment and social justice, and that Kenya is a country blessed with an
abundance of resourcessufficient for all its citizensto enjoy a high standard of living.
Convinced of the importance of agriculture and domestic manufacturing in the fulfillment our duty
to ensure employment for all Kenyans by creating an environment conducive to promoting
economic prosperity and social justice
Committed to the principle of gender equality as a prerequisite for social and economic
development.
Intent on the achievement of social justice as a product of equitably shared prosperity with the
knowledge that the solution lies in elevating the socio-economic well-being and the aspirations of
the ordinary Kenyan so as to be at the epicenter of government social and economic policy and
strategy formulation.
Driven by the shared deep-seeded calling to serve the people and the Republic of Kenya for the
attainment of the foregoing.
Do hereby RESOLVE TO FORM and solemnly embrace THE TRANSFORMATIVE
DEVELOPMENT PARTY (PDP) as a political party through which a national, democratic, all
inclusive, conscientious, accountable government shall be established.
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ARTICLE 1: IDENTITY, VISION AND MISSION
(i) There is hereby established a Political Party known as THE TRANSFORMATIVE
DEVELOPMENT PARTY (PDP) Hereinafter referred to as “the Party”. This
Constitution shall be the supreme organ of the Party.
(ii) The Party Symbol is a Giraffe, with Party Abbreviation (TDP) in the Party Colours,
in – as illustrated in Schedule I hereto.
(iii) Party Flag shall include the Party Symbol laid against a background of the Party
Colours of ‘Red, Orange and Yellow as a colour separator of the other two colours with the
words “The Symbol of Change” just below the Party Abbreviation “TDP” as particularly
illustrated in Schedule II hereto.
(iv) Party Slogan is “The Symbol of Change”
Party Vision: To establish a prosperous, food secure, industrialized nation, in which citizens enjoy
rights, live in dignity and are governed in accordance the established constitution and laws.
Party Mission: To establish a constitutional government of the Republic of Kenya driven by the
ideals of a pluralist democracy; serve the Kenyan citizens with commitment, honesty and diligence;
transform Kenya into a vibrant economy through a producer-centred agrarian revolution; obtain a
high standard of living for Kenyans; and to secure a unified, happy, secure and peaceful society
founded on the principles of justice, equity, sustainable management of resources, employment and
livelihood for all Kenyans and inclusivity in governance.
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Article 2: Aims and Objectives
(a) TDP shall:
(i) Promote and support social justice by working to eliminate all forms of inequality and inequity
paying special attention to the support of minorities, the marginalized and other vulnerable
groups;
(ii) Promote gender equality as provided for in the Constitution;
(iii) Endeavor at all times to offer free universal early childhood education, primary education and
tertiary education to all Kenyans;
(iv) Work towards securing for all Kenyans affordable healthcare and reliable social welfare
services;
(v) Prioritize agriculture as the basis for all transformation in Kenya by allocating significant
resources to support farmers, agribusinesses and related players in the food value-chain in
order to ensure food and nutrition security for all and optimal return on investments in
farming and agribusiness;
(vi) Initiate and sustain empowerment programs for women in order to secure effective
participation in public affairs for them;
(vii) Initiate and sustain job-creation programs aimed atsecuring gainful employment
for all, with particular emphasis on progressively securing zero-tolerance to youth
unemployment.
(viii) Encourage and enhance the participation of all sections of the society in public
affairs and economic activity, according equal and equitable opportunities for such
participation to marginalized sections of the Kenyan society;
(ix) Strive to ensure all Kenyans have accessto clean, safe, affordable and adequate water;
(x) Promote and safeguard the right to honest living in any part of the country for all Kenyans;
(xi) Ensure the protection and conservation of the environment to mitigate against climate change;
(xii)Ensure progressive achievement of universal social security for all Kenyans;
(xiii) Progressively ensure achievement of acceptable standards of sanitation for all Kenyans.
(b) The Party may enter into a coalition with any other Political Party or Parties before
or after elections
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ARTICLE 3: SITUATION OF THE REGISTERED OFFICE OF THE PARTY.
The Principal Office of the Party shall be located on Plot No. 231/Mavoko in Machakos County.
The postal address of the Party shall be P.O. Box 15847 - 00100 NAIROBI.
ARTICLE 4: ELIGIBILITY FOR MEMBERSHIP OF THE PARTY
For a person to be a member of the party, that person must be—
(a) A citizen of Kenya;
(b) Over 18 years of age;
(c) Pay the subscription for membership;
(d) Meet any other criteria that may be set by the National Governing Council, from time to
time.
ARTICLE 5: ADMISSION & RESIGNATION OF MEMBERS
Admission into membership
(i) Admission of members of the Party shall be through the National Governing Council
and/or any other Party organ authorized by the National Governing Council.
(ii) Eligible Kenyans may apply either verbally or in writing to any authorized official or agent of
the Party for enrolment.
(iii) A person seeking enrolment shall provide such details as may be determined from time to
time by the National Governing Council which shall include the production of the National
Identity Card or passport;
(iv) Details of Membership shall be kept in the Party register including, identification details,
gender, ethnicity, disability and county;
(v) On enrolment, each member shall be issued with a membership card and the register
updated accordingly;
(vi) The National Governing Council shall have the discretion to reject an application for
membership from any person.
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Resignation of members;
(i) Any member may by notification to the Branch Secretary, resign from the Party.
Such resignation shall be effective upon delivery of the notice to the branch
secretary either in person or by post. A member who resigns shall not be entitled
to a refund of any fees paid to the Party and shall be struck off the Party
Members Register.
ARTICLE 6: RIGHTS AND DUTIES OF THE MEMBERS
Rights
A member of the TDP -shall have the right to—
a) Take part in the discussion, formulation and implementation of the policies of the TDP -.
b) Receive and impart information on all aspects of PDP - policy and activities.
c) Offer constructive criticism of any member, official, policy programme or activity of the
TDP - within its structures.
d) Take part in elections and be elected or appointed to any committee, structure, commission
or delegation of the TDP -.
e) Submit proposals to the branch, county, region or NEC, provided such proposals or
statements are submitted through the appropriate structures.
Duties:
A member of the TDP - shall:
(a) Belong to and take an active part in the activities of her or his branch.
(b) Take all necessary steps to understand and carry out the aims, policy and participate in the
programmes of the TDP -.
(c) Whenever called upon on own initiative, propagate or explain the aims, policy and
programme of the TDP - to the people.
(d) Deepen her or his understanding of the social, cultural, political and economic concerns of
the country.
(e) Take steps to counter any propaganda detrimental to the interests of the PDP - and defend
the policy, aims and programmes of the TDP -.
(f) Fight against, tribalism, sexism, religious and political intolerance, violence, incitement or any
other form of discrimination, or chauvinism.
(g) Observe discipline, behave appropriately as befits a responsible citizen and carry out loyally
the decisions of the majority and respect the decisions of organs of the Party.
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(h) Refrain from purporting to represent party positions publishing and/or distributing through
any media any information that purports to be the official position of the party without the
authorisation of the relevant party organs.
(i) Ensure they are registered as votersin the relevant constituency.
(j) TDP - members who hold elective state or public office at the national, county or
constituency level are required to be members of the appropriate caucus, to carry out their
duties within the rules and the principles of the Party and to abide by the resolutions and
decisions of the relevant structures of the Party under the Constitution.
(k) The National Governing Council shall determine the benefits of membership that are
available or may be enjoyed by the respective categories of membership including—
(i) Founding members;
(ii) Active Party members.
ARTICLE 7: THE ORGANIZATION OF THE PARTY
The National Delegates Conference
(a) The National Delegates Conference shall be the highest authority of the Party and shall
determine the Party’s policy.
(b) The National Delegates Conference of the Party shall be held every four (4) years. Notice of the
meeting shall be given by the Secretary General Thirty (30) days before the date of the meeting.
(c) The National Delegates Conference shall have the following functions and powers –
(i) To receive the National Chairperson’s report of the activities of the Party;
(ii) To receive and approve the accounts of the Party and the Auditor’s report on the
accounts and the Treasurer’s report as to the financial position of the Party;
(iii) To elect the Auditor, or confirm that he/she should remain in office;
(iv) To decide on any resolution that may be duly submitted in accordance with the
Party’s Constitution;
(v) To establish and/or revise the rules, if required for the regulation of the affairs of the
Party;
(vi) To receive, approve and adopt the Party manifesto from the National Governing
Council;
(vii) To delegate and confer any of its powers or the duties of the National Governing
Council or the National Executive Committee save for the powers and duties
relating to the amendment or alteration of this Constitution; and
(viii) To nominate its presidential candidate;
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(ix) Despite paragraph (viii), the National Delegates Conference may by resolution
decide not to nominate a Presidential Candidate but support another candidate
nominated by another party if there is a coalition agreement between the TDP and
the nominating party.
(d) Notice of any resolution proposed to be moved at the National Delegates Conference shall be
given in writing to the Secretary General not lessthan fourteen (14) days before the meeting.
(e) The Secretary General shall give notice of the National Delegates Conference Thirty (30) days
before the said conference by publishing a notice in at least one daily newspaper of national
circulation and through the Party communication infrastructure.
The National Governing Council
(a) The National Governing Council shall consist of eleven (11) members. The Chair of The
National Governing Council shall be the Party Leader or in his or her absence and upon a
written/or other express communication through the National Secretary General, the
National Chairperson. The Secretary General shall be the Secretary to The National
Governing Council.
(b) The members of the National Governing Council shall be as follows-
(i) the Party Leader;
(ii) the National Chairperson;
(iii) the National Deputy Chairperson -Operations
(iv) the National Secretary General;
(v) the National Organizing Secretary;
(vi) the National Treasurer;
(vii) the Director of Elections;
(viii) the National Women’s Leader; and
(ix) the National Youth Leader
(x) the National Trustee
The Executive Director of the Party shall be an ex-officio member of The National Governing
Council.
(c) The National Governing Council may co-opt three (3) other members to the National
Governing Council by a resolution of a majority of the National Governing Council
members one of who shall be an active Party member representing persons with disability.
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(d) Any casual vacancy (whether amongst the officers of the Party or amongst the members of
the National Governing Council) occurring by resignation, permanent incapacity or death
may be filled by the National Governing Council. A member so co-opted shall hold office
for the same term as the member whose place he/she has taken.
(e) The National Governing Council meetings shall be held not less than four times in a year.
The quorum of any meetings of the National Governing Council shall be majority of the
National Governing Council membership.
(f) The National Secretary General shall give all the members of the National Governing
Council not less than fourteen (14) days’ written notice of a meeting. Where the Secretary
General failsto call a meeting,such a meeting shall be called by the Party Leader.
(g) Decisions of the National Governing Council shall be made by a simple majority and in the
event of an equality of votes the Party Leader, or her/his designated person presiding over
that meeting shall have a casting vote.
(h) The National Secretary General shall cause to be taken the minutes of the National
Governing Council.
(i) A majority of members of the National Governing Council may petition the National
Secretary General to call for a special meeting of the National Governing Council and such a
meeting must be called within Thirty (30) days’ notice, provided that the agenda for the
special meeting shall have been provided in writing to the National Secretary General. The
quorum of the meeting must be a majority of the National Governing Council membership.
(j) The National Governing Council may from time to time appoint from among their number
such committees as it may consider necessary and may delegate to them such powers and
duties as the National Governing Council may determine. All such committees shall
periodically report their proceedings to the National Governing Council and shall conduct
their business in accordance with the directions of the National Governing Council.
(k) The National Governing Council shall be the governing body of the Party and shall
determine the policy and strategies of the Party and shall be responsible for the management
of the Party and shall have the sole right of appointing and determining the terms and
conditions of service of the employees of the Party.
(l) The Secretary General may convene in special circumstances a special National Governing
Council meeting by giving a (1) day notice to members of the NGC and the agenda of the
meeting.
(m) A majority of the National Governing Council shall have full power to remove a member of
the National Governing Council from his/her position. A member who fails without good
cause to attend three consecutive Council meetings shall be deemed to have resigned. Such
removal shall be ratified at the subsequent National Delegates Conference.
(n) The members of the National Governing Council shall be entitled to an indemnity out of
and a lien over the assets of the Party for all expenses and other liabilities properly incurred
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by them in the management of the affairs of the Party, but shall not be entitled to any
personal indemnity against any member in respect of particular or general expenditure,
without that member’s consent first hand in writing.
The National Executive Committee (NEC)
(a) The National Officials of the Party (NEC) shall be the –
(i) Party Leader
(ii) National Chairperson;
(iii) National Secretary General;
(iv) National Organizing Secretary;
(v) National Treasurer;
(vi) Director of Elections;
(vii) National Women’s Leader;
(viii) National Youth Leader;
(ix) National Trustee.
(b) All candidates for the Party membership of the National Officials shall be proposed and
seconded by notice in writing given to the National Secretary General not later than Thirty
(30) Days before the National Delegates Conference.
(c) Elections of National Officials shall be held every four (4) years. The National Governing
Council may call for elections before four (4) years but not earlier than 3 years.
(d) Party electionsshall not be held during a General Election year.
(e) Provisions in (b) above can be waived from time to time and with regards to the
circumstances by a resolution to be passed by the National Governing Council.
(f) Any casual vacancy (whether amongst the officers of the Party or amongst the members of
the NEC) occurring by resignation, permanent incapacity or death may be filled by the NEC.
A member so co-opted shall hold office for the same term as the member whose place
she/he takes.
(g) The NEC meetings shall be held not less than four times a year. The quorum of any meeting
of the NEC shall a third of the NEC’s membership.
(h) The National Secretary General shall give all the members of the NEC not less than
fourteen (14) days’ written notice of a meeting. Decisions of the NEC shall be made by a
simple majority and in the event of an equality of votes the person presiding that meeting
and in accordance to this constitution shall have a casting vote.
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(i) The National Secretary General shall cause to be taken the minutes of the NEC.
(j) Any six (6) members of the NEC may petition the National Secretary General to call for a
special meeting of the NEC and such meeting must be called within Forty five (45) days
provided that the agenda for the special meeting shall have been provided in writing to the
National Secretary General. The quorum of the meeting must be majority of the NEC
membership.
(k) The NEC may from time appoint from among their number such committees as it may
consider necessary and may delegate to them such powers and duties as the NEC may
determine all such committees shall periodically report their proceedings to the NEC and
shall conduct their business in accordance with the directions of the NEC.
(l) A majority of the NEC shall have full power to remove a member of the NEC with
consultation with the National Governing Council from his/her position. Member who fails
without good cause to attend three consecutive NEC meetings shall be deemed to have
resigned. Such removal is ratified at the subsequent national delegates’ conference.
(m) The members of the NEC shall be entitled to an indemnity out of and a lien over the assets
of the party for all expenses an do their liabilities properly incurred by them in the
management of the affairs of the party, but shall not be entitled to any personal indemnity
against any member in respect of particular or personal expenditure, without that members
consent first hand in writing.
(n) Nominations for the NEC members shall be by the following procedure:
Nominations for the posts of:
1 Party Leader
2 National Chairperson
3 Secretary General
4 Treasurer
5 National Organizing Secretary
(i) Shall be made by any Branch and placed before the National Conference.
(ii) Nominations of candidates for the National Executive Committee other than
the above positions shall be carried out by the following procedure:
(iii) Subject to sub-section (ii) below, only those candidates who have been proposed by
a Branch shall appear on the National Conference ballot paper.
(o) ) Voting shall take place by secret ballot or any other method such as directed by the NGC.
Each voting delegate shall vote once in each ballot.
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(p) If any Branch Chairperson or Secretary is elected to the NEC in his or her own right or as a
national official, such person shall vacate the Branch position, provided that the county has
the right to make representations to the NEC, in a special case, where extraordinary
circumstances may warrant an exception to this rule. However, when such a county officer is
allowed to retain his or her NEC position, the county shall not be entitled to an additional
member on the NEC.
(q) The NEC shall meet in plenary session at least once every three months and shall provide
broad political and organisational perspectivesto the National Working Committee.
National Working Committee (NWC)
(a) The National Working Committee shall be constituted as follows: The Party leader, National
Chairperson, Secretary General, the National Treasurer, National Organizing Secretary and
National Trustee and other members such as NEC may decide to co-opt to resource a
particular assignment.
(b) The members of the National Working Committee shall not necessarily be full-time
functionaries of the TDP -.
(c) The TDP - Women's League and the TDP - Youth League shall appoint one representative
each to serve on the NWC.
(d) The National Working Committee shall:
(i) Carry out decisions and instructions of the National Conference and the NEC.
(ii) Conduct the current work of the TDP - and ensure that counties, constituencies and
all other TDP - structures such as Parliamentary, Senate and County Assembly
caucuses carry out the decisions of the TDP -.
(iii) Submit a report to each NEC meeting.
The Branch (County)
There shall be an organ of the Party known as the Branch. This shall comprise a cluster of
constituencies of geographical proximity to each other for effective administration as shall be
determined from time to time by the National Governing Council.
The officials in each branch shall consist of—
(i) Branch Chairperson;
(ii) Deputy Branch Chairperson;
(iii) Branch Secretary General;
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(iv) Branch Deputy Secretary General;
(v) Branch Treasurer;
(vi) Branch Organizing Secretary;
(vii) Branch Deputy Organizing Secretary;
(viii) Branch Women’s Leader;
(ix) Branch Deputy Women’s Leader;
(x) Branch Youth Leader; and
(xi) Branch Deputy Youth Leader
(xii) Party Elected Leaders - Governor and Deputy Governor, Member of
National Assembly, Senator, Woman Representative and Member of
the County Assembly
(i) The National Governing Council shall authorize any branch, sub-branch and ward to
administer its own funds. In such a circumstance the branch, sub-branch and ward shall be a
local accounting unit of the Party.
(ii) Branches, sub-branches and wards once established by The National Governing Council,
shall select their own local officers. These officers shall work under the authority of The
National Governing Council and must follow all lawful its directions.
The National Governing Council may establish geographical groupings of branches, sub-branches
and wards. Officials elected to such Party organs shall follow all lawful directions of The National
Governing Council.
The Sub – Branch (Constituency)
There shall also be formed other Party organs, Sub- Branches, which shall represent the Party in
each constituency in Kenya and or as the need arises.
The officials in each Sub-branch shall consist of the structure as is prevalent as that of the Branch
only that the titles of the said sub-branch officials shall start with the word Sub – Branch i.e. SubBranch Chairperson, Sub- Branch Deputy Chairperson e.t.c. The officials shall be eleven (11)
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The Ward
(i) There shall also be established Party organs, Wards, below the Sub Branch. Wards shall
represent the Party in each ward or as the need arises. The Ward can also, depending on the
decision of the NGC, be formed as a result of amalgamation of two or more wards.
(ii) The officialsin each Ward shall consist of the structure asis prevalent asthat of the Sub-Branch
only that the titles of the said Ward officials shall start with the word ward i.e. Ward
Chairperson, Ward Deputy Chairperson etc. The total number of officialsshall be eleven (11)
The Polling Station Committee
(i). There shall be established below the Ward, Polling Station Committees which shall
represent the Party at each polling station level or as the need arises.
(ii). The officials in each Polling Station shall consist of the structure as is prevalent as that of
the ward only that the titles of the said polling station committee officials shall start with
the word polling station committee i.e. Polling station committee Chairperson, Polling
station Deputy Chairperson etc. The total number of officials shall be eleven (11).
The Party Caucuses
There shall be established a TDP Parliamentary Group which shall be the caucus of Members of the
National Assembly and Senate elected on TDP ticket or nominated by the Party to either of the
Houses.
1 Within 45 days of declaration of results of a general election, the Chairperson in consultation
with NEC shall convene a meeting of the TDP Parliamentary Group at a place specified in the
notice of the meeting whose agenda shall be:
2 Elections of the leaders of the Party at the two Houses
3 Elections of a Chief Whip & Deputy Chief Whip of each House
4 Party Members at the two Houses shall be expected to support the Party Business.
5 Opposition of Party Business in the House without justifiable cause shall result in a Member
being de-whipped.
6 The Party Leader shall preside over Parliamentary Caucus Meetings.
7 Such meetings shall be at least twice every year.
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Governors Caucus
There shall be a caucus of Governors and Deputy Governors elected on TDP ticket. It shall meet at
least twice a year at a place to be determined by the Secretary General;
1 The Governors shall advise on Party on the implementation of the Party Manifesto.
2 The Governors shall elect their Chairperson, Secretary.
3 The Party Leader or his designate shall convene the first Governors’ Caucus
County Assemblies Caucuses
There shall be established a National Caucus of the County Assemblies made up of all County
Assembly Speakers, Deputy Speakers and Members of County Assemblies.
1. The Party Leader or his designate shall convene the first meeting similarly to that of the
Parliamentary Caucus.
2. The Caucusshall meet at least twice every year
3. The Caucus shall ensure that PDP’s legislative agenda at their respective Assemblies
remains strong and rooted.
ARTICLE 8: GENERAL FUNCTIONS OF PARTY ORGANS
The functions of the various organs of the Party and the respective officials and committees are--
(i) To generate consensus on key political, economic and social policies of TDP - in the branch,
sub-branch and ward level;
(ii) To monitor the needs of the people in the various geographical levels and accordingly advise
the National Secretariat;
(iii) To promote harmony amongst the people in the various geographical levels;
(iv) To undertake recruitment exercises advertisements, rallies and or any other functions
assigned by the NEC.
ARTICLE 9: DUTIES OF OFFICE BEARERS
A. THE PARTY LEADER (PL)
(i) The PL shall provide strategic political leadership of the Party;
(ii) The PL shall chair meetings of NGC and NEC;
(iii) The PL may appoint his or her deputy or any other official in NGC or NEC to chair such
meetings.
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B. NATIONAL CHAIRMAN
The National Chairman shall, unless prevented by the illness or othersufficient cause, preside over
the NDC and at all general meetings. He/She shall provide leadership; ensure unity and efficiency
within the Party. He/She will assist the PL in Party Political affairs
NATIONAL DEPUTY CHAIRMAN
The National Deputy Chairman shall deputize the National Chairman and perform any duties of the
National Chairman in his or her absence.
C. NATIONAL SECRETARY GENERAL
The National Secretary General shall deal with all correspondence of the Party under the general
supervision of NGC, NEC and any other committee. She/he shall be responsible for keeping
minutes of all such meetings and for the preservation of all records of proceedings of the Party and
of the committee.
D. NATIONAL DEPUTY SECRETARY GENERAL
The National Deputy Secretary General shall deputize the National Secretary General and perform
any duties of the National Secretary General in his/her absence.
E. NATIONAL ORGANIZING SECRETARY
The National Organizing Secretary shall act as the overall coordinator of all the activities undertaken
by the Party. The National Organizing Secretary shall therefore oversee mobilization of members to
support the Party’s activities and projects.
F. NATIONAL DEPUTY ORGANIZING SECRETARY
The National Deputy Organizing Secretary shall deputize the National Organizing Secretary and
perform any duties of the National Organizing Secretary in his/her absence.
G. NATIONAL TREASURER
The National Treasurer shall ensure that the management of the party funds complies with all the
relevant laws. She/he shall ensure proper books of account are kept, preserved and available for
inspection. She/he shall also coordinate all the fund raising activities of the Party.
H. NATIONAL DEPUTY TREASURER
The National Deputy Treasurer shall deputize the National Treasurer and perform any duties of the
National Treasurer in his/her absence.
I. DIRECTOR OF ELECTIONS
The Director of Elections shall
(i). Supervise all PDP - elections and nominations;
(ii). Originate electoral rules and regulations for approval by the NGC;
(iii). Appoint appropriate officers to conduct PDP - elections or nominations at the Branch, Sub-
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Branch, Ward and Polling Station levels; and
(iv). Generally ensure that Party elections are successful.
J. DEPUTY DIRECTOR OF ELECTIONS
The Deputy Director of Elections shall deputize the Director of Elections and perform any duties
of the Director of Elections in his/her absence.
K. NATIONAL WOMEN LEADER
The National Women Leader shall act as the national liaison contact person for activities conducted
by the women Party members in any part of the country. She shall ensure that all women
programmes run accordingly and shall give periodic reports to the NEC. She will also ensure that
gender equality respected and complied with within the Party in accordance with the law.
L. NATIONAL DEPUTY WOMEN LEADER
The National Deputy Woman Leader shall deputize the National Women’s Leader and perform any
duties of the National Women Leader in her absence.
M. NATIONAL YOUTH LEADER
The National Youth Leader shall act as the national liaison contact person for activities conducted
by the Party youth members in any part of the country... He/she shall ensure that all youth
programmes run accordingly and shall give periodic reports to the NEC.
N. NATIONAL DEPUTY YOUTH LEADER
The National Deputy Youth Leader shall deputize the National Youth Leader and perform any
duties of the National Youth Leader in his/her absence.
O. NATIONAL TRUSTEE
The National Trustee shall hold in trust of the Party its property and assets, propose investments
that the Party may undertake for consideration by the NGC and shall ensure that party funds are
utilized properly in the interest of the Party.
ARTICLE 10: THE PARTY SECRETARIAT
There shall be established the office of the National Executive Director who shall be a member of
the Party and an employee of the Party appointed by the National Executive Committee.
1. The National Executive Director shall oversee the overall functioning of the Party
Secretariat and ensure the smooth functioning of the branch and sub-branch secretariats.
2. Shall supervise staff and manage them.
3. Keep the necessary Secretariat reports.
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4. The National ED shall vacate office is she/he ceases from being a member of the Party,
by her/his notice to resign, or conducts themselves in a way that is contrary to the
Party’s Rules and Regulations, and any written law of the country or is removed by a
majority of the National Executive Committee.
10.2 NEC shall also appoint Secretariat staff as necessary including but not limited the
following functional areas: finance & administration, communication, membership
recruitment and management, events management, and legal affairs
10.3 The National Secretariat shall be replicated at the branch levels with the necessary
modifications – County to be led by the County Executive Officer, Constituency and Ward
to be each led by a Coordinator.
10.4 The Party Management Policies and Procedures shall be developed by a co-opted committee
of the National Working Committee and approved by National Executive Committee. They
shall be the basis of all HR, Finance, Audit and Administration at the Party Secretariats
10.5 The terms of employment for all Party staff shall serve on such terms as may be approved by
the National Working Committee upon recommendation by the Committee on Finance and
Administration.
ARTICLE 11: THE AUTHORITY FOR AND THE METHOD OF FILLING
VACANCIES ON THE COMMITTEES.
(a) A vacancy shall fall vacant in the various committees in case of death, suspension or
dismissal from the Party, incapacitation, imprisonment and or any other that shall render the
office bearer unable to perform his/her duties as assigned by the Party.
(b) The Director of Elections shall then coordinate with the various levels of the Party organs
that have been affected and shall carry out an election of the vacant position.
(c) Notice shall first be sent to the various organs through their officials to fill the vacancy
within ninety (90) days and report back to the Director of Elections.
(d) The quorum applicable to carry out any election at whatever level must be 2/3rd of all
committee members.
(e) Incase of a vacancy at the National level, the NGC will fill the position in consultation with
the NEC until the next special NDC or ordinary NDC is called.
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ARTICLE 12: THE FREQUENCY OF, QUORUMS FOR AND DATES OF NATIONAL
DELGATES CONFERENCES
(1) The Special National Delegates Conference
(a) A Special National Delegates Conference may be called by at least a third of the
members of the NGC at any time.
(b) Notice of any resolution proposed to be moved at a Special National Delegates
Conference shall be given in writing to the Secretary General not less than seven days
before the meeting.
(c) The National Secretary General shall give notice of the Special National Delegates
Conference Twenty One (21) days before the said conference by publishing a notice in at
least one newspaper of National Circulation or through the Party website.
(2) Procedure at the National Delegates Conference & Special National Delegates
Conference.
(a) The Party Leader, or in his or her absence and in accordance to Article 8 (II) (a) the
National Chairperson shall take the chair. Each member present shall have one vote and
resolution shall be passed by a simple majority. In the event of an equality of votes, the
chairperson of the meeting shall have the casting vote.
(b) The Secretary General shall take minutes at the National Delegates Conference and
Special National Delegates Conference.
(c) The National Delegates Conference shall be attended by:
(i) All Council Members;
(ii) All National Officials;
(iii) All Branch Officials; and
(iv) Super Delegates of the Party. (These include the registered founder members of the
Party, Party Patron and citizens who have rendered extraordinary support to the
Party);
(v) All members of the Party elected to various offices under the Elections Act;
(3) BRANCHES (County) shall have a full Branch meeting to be attended by the members
and all Branch officials twice (2) a year.
(4) SUB-BRANCHES (Constituency) shall have a full sub-branch meeting to be attended by
the members and all Sub-Branch officialsthrice (3) a year.
(5) WARDS shall have a full Ward meeting to be attended by the members and ward officials
twice a year.
(6) Polling Station shall have a full Polling Station meeting to be attended by the members and
ward officials twice a year.
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ARTICLE 13:THE RATES OF ENTRANCE AND SUBSCRIPTION FEES (IF ANY)
FOR PARTY MEMBERSHIP.
The Party shall initially have the following categories of membership:-
(i). Foundational Pillar Membership:
a.) Platinum Subscription fee Kshs. 200,000/-
b.) Gold Subscription fee Kshs. 150,000/-
c.) Silver Subscription fee Kshs. 100,000/-
(ii). Ordinary members – Kshs. 1,000/- per year;
(ii). Corporate Membership Kshs. 500,000/-
(iv). Corporate Founder (subscription to be decided by the NGC);
(v). Life Members Kshs. 300,000/- per year; and
(vi). Super Delegates – subscription to be determined by NGC
ARTICLE 14:DISCIPLINE
(a) All members, without exception, shall abide by the Constitution of the TDP -, the Rules, the
Standing Orders and Codes of Conduct as adopted or amended from time to time.
(b) Disciplinary proceedings against a member shall be confined to violations of the TDP -
Constitution, Rules, Standing Orders, Codes of Conduct, or the commission of offences as
set out hereafter and shall not—
(i) Be used as a means of stifling debate or denying members their basic democratic
rights;
(ii) Be instituted as a means ofsettling private or personal disputes orscores;
(iii) Be used in such manner as to interfere with interfering in the private lives of
members where the norms or interests of the organization are not directly affected,
unless such conduct itself constitutes a violation or an offence affecting the
organization.
(c) A member shall be deemed to have committed a serious offence under this Constitution if
that member—
(i) acts in a manner that prejudices the integrity and tarnishes the reputation of
the Party or its officials;
(ii) acts in a manner that impedesthe activities of the Party;
(iii) acts in a manner that creating division or disharmony within its ranks of the
officers of the Party or it membership;
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(iv) does anything that undermines the effectiveness of the Party as an
organization;
(v) acts on behalf of or in collaboration with—
(a) violent or illegal groups;
(b) a political organisation or party other than an organisation or
party in alliance with the TDP - in a manner contrary to the
aims, policies and objectives of the TDP -;
(c) Intelligence or the security services of other countries;
(d) any person or group who interferes with the work of the
Party or preventsit from fulfilling its mission and objectives;
(vi) is convicted for a criminal offence by a court of law;
(vii) misappropriates of the funds of the Party or wilful destruction of
its properties;
(viii) engaging in corrupt behaviour including but not limited to in
seeking or accepting any bribe for performing or for not
performing any task in his her capacity as a member of the Party
or any other capacity;
(ix) engages in sexual exploitation or harassment or abuse of office to
obtain sexual or any other undue advantage from members or
other person;
(x) abuses elected or employed office in the Party or in any office of
the State to obtain any direct or indirect undue advantage or
enrichment;
(xi) behaves or conducts self in a grossly disorderly or unruly manner
including but not limited to public fights, deliberate disruption of
meetings;
(xii) interferes with the orderly functioning of the Party;
(xiii) behaves in a manner that brings the Party into disrepute or which
manifests a flagrant violation of the moral integrity expected of
members or generally conduct unbecoming that of a member;
(xiv) undermines the respect for or impedes the functioning of the
structures of the Party;
(xv) participates in organised factional activity that goes against the
recognised norms of free debate inside the Party and threatens its
unity;
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(xvi) behaves in such a way as to provoke serious divisions or a breakdown of unity in the Party;
(xvii) owing tribal chauvinism, sexism, racism, religious and political
intolerance, regionalism or any form of discrimination;
(d) If, in the opinion of the National Executive Committee (NEC) or the relevant body
exercising its right to invoke disciplinary proceedings under this Constitution, a member who
violates the provisions of the foregoing paragraphs will be subject to disciplinary
proceedings.
(e) Disciplinary proceedings shall normally be conducted at the level where the alleged violation
or offence took place, namely the branch, region, county or national, and may be heard by
the relevant structure;
(f) The National Disciplinary Committee (NDC) may direct that the disciplinary proceedings
should be heard at a higher level other than the level where the alleged violation or offence
took place.
(g) Any person faced with disciplinary proceedings shall receive written notice of any intended
proceedings relating to the accusation and shall be informed well in advance of the case
against him or her before the proceedings and shall be afforded a reasonable opportunity to
make his or her defence.
(h) The NDC shall draw up guidelines for the interpretation of this Article on discipline and
for the rules of procedure including time limits to be followed before, during and after a
hearing.
(i) Any person found guilty in a disciplinary proceeding, or the complainant who is dissatisfied
with the decision arrived at by the organ making the decision shall have the right, within a
reasonable period, to appeal against the decision, to the next higher body of the TDP -. The
NDC may direct that any appeal should be heard by a body higher than the one to which the
appeal has been made.
(j) The NDC may also direct that an appeal against the decision by a branch should be heard
directly by the Branch Disciplinary Committee
(k) Penalties for proven violations of the Constitution, principles, norms and decisions of the
TDP - shall include reprimand, payment of compensation and/or, suspension or expulsion.
(l) All disciplinary proceedings shall be dealt with expeditiously and without delay.
(m) Decisions relating to disciplinary proceedings shall be made public as soon as they are
arrived at.
(n) The NEC shall appoint a National Disciplinary Committee from among its membership and
from other structures of the TDP.
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(o) The decisions of the National Disciplinary Committee shall be final except that the NEC
may, in its discretion, review a decision. Such a review shall be regulated by rules adopted by
the NEC.
(p) The National Disciplinary Committee shall hear and determine violations on appeal from
appropriate organs of the TDP -. In addition, the national officers, the National Working
Committee (NWC) or the NEC may refer such violations or offences directly to the NDC.
In exceptional situations arising out of serious breaches of the Constitution, Rules or Codes
of Conduct, the NDC itself may exercise jurisdiction to investigate and determine a
complaint.
(q) The NEC may authorise other structures of the PDP to institute disciplinary proceedings and
to set up appropriate structures to apply the provisions of this Rule.
ARTICLE 15:THE CUSTODY OF THE PROPERTY OF THE PARTY
(a) The property of the Party shall be vested in three Trustees (who may be, but need not be,
members of the NGC). They shall hold the property upon trust for the members of the Party in
accordance with the rules and constitution thereof.
(b) The trustees shall deal with the property in their own discretion but subject always to the lawful
directions of NGC and of the members in general meeting.
(c) The Trustees shall hold office for a term of 5 years renewable.
(d) The power to appoint Trustees will rest with the National Delegates Conference, subject
however to the approval of a majority of the members voting at a National Delegates
Conference or Special National Delegates Conference.
(e) The Trustees shall serve without remuneration.
ARTICLE 16: FUNDS OF THE PARTY
(a) The Source of funds of the Party shall include the following –
(i) Members’ dues, grants, contracts, donations and other pledges accepted by the NEC
and approved by the NGC on behalf of the Party;
(ii) Revenue from investments;
(iii) Grants, donations and legacies
(iv) Net income from publications and consultancies;
(v) Fundraisings;
(vi) Public funding; and
(vii) As per the Constitution
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(b) All monies payable to the Party shall be received by the National Treasurer and deposited in a
bank account in the name of the Party.
(c) The financial yearshall be the 30th day ofJune in every year.
(d) The Party shall make financial management rules.
(e) The Secretary General shall be the accounting officer of the Party and shall cause the necessary
reports to be prepared for approval by the National Governing Council.
(f) The Treasurer shall cause the necessary reports including audited accounts to be tabled before
the NGC not more than three (3) months after June 30th every year.
ARTICLE 17: PROHIBITIONS RELATING TO USE OF PARTY FUNDS
Moneys allocated the party from the Fund shall not be used—
(i). For paying directly or indirectly remuneration, fees, rewards, allowances or any
other benefit to a member or supporter of the political party, other than a member
of staff;
(ii). To finance or as a contribution to any matter, cause, event or occasion directly or
indirectly in contravention of any code of ethics binding on public officers;
(iii). Directly or indirectly for the purposes of establishing any business or acquiring or
maintaining any right or financial interest whatsoever in any business or in any
immovable property; or
(iv). For any other purpose incompatible with the promotion of a multiparty
democracy and the electoral processes, or with the Constitution.
(g) No sum shall be drawn from the Party’s bank account except by cheque signed by the
Secretary General, National Chairperson, and one other signature of either the Treasurer or
the National Trustee.
(h) Any monies which in NGC’s opinion are not required for immediate use may be invested by
the Trustees in consultation with the NGC.
(i) The income and property of the Party shall be applied only in the furtherance of the objects of
the Party.
(j) The NGC shall have power to authorize the payment of remuneration and/or expenses to any
officer, member or employee of the Party and to any other person or persons for services
rendered to the Party.
(k) The Party’s financial year shall be the period of twelve months ending on the thirtieth June in
each year.
(l) The members of the NGC shall scrutinize the Party’s accounts every year. The audited reports
shall be presented to the NGC to be tabled for approval or otherwise at the subsequent
National Delegates Conference.
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(m) The Auditor may be or need not be a member of the Party. Once appointed the Auditor will
hold office until the next National Delegates Conference. For the avoidance of any possible
doubt, neither the NGC, nor any Officer of the Party, nor the Trustees will have any power to
remove the Auditor, such removal being a preserve of the members at the National Delegates
Conference.
ARTICLE 18: BORROWING
(a) The Trustees may subject always to the lawful directions of NGC, borrow money on behalf of
the Party for the purposes of the Party from time to time.
(b) When so borrowing the NGC shall have power to raise in any way any sum or sums of money
and to raise and secure the repayment of any sum or sums in such manner or on terms and
conditions as they think fit, and in particular by mortgage of or charge upon or by the issue of
debentures charged upon all or any part of the property of the Party.
(c) The National Governing Council shall have no power to pledge the personal liability of any
member of the Party for the repayment of any sums so borrowed without that member’s consent
first hand in writing.
ARTICLE 19:THE INSPECTION OF THE BOOKS AND LIST OF MEMBERS OF
THE PARTY BY ANY MEMBER OR OFFICIAL
The books of accounts and all documents relating thereto and a list of the members of the Party
shall be available for inspection at the registered office of the Party by any officer or member of the
Party on giving not less than 14 days in writing to the Party.
ARTICLE 20: THE ANNUAL OR PERIODIC AUDIT ACCOUNTS
The Audit of the accounts of the Party shall be carried out in accordance with Section 31 of the
Political Parties Act;
Provided that the party may if it deems necessary to do so appoint an auditor to audit the accounts
of the Party provided that this shall not affect the responsibility and powers of the Auditor-General
to audit the accounts of the Party as provided for in section 31 of the Political Parties Act.
Such accounts shall be signed for submission to the relevant offices by the National Executive
Director, the National Treasurer, and the Secretary General.
20.1 OTHER PARTY PUBLICATIONS
The Party may publish its own literature including policy documents, periodicals, and books either
for sale or free distribution to members. The content of such publications shall be approved by
the
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Communications Head in consultation with the National Executive Director and signed off by the
National Executive Director and the Secretary General.
The National Executive Director shall direct the best way possible for distributing such documents
including electronically or by way of press.
ARTICLE 21: AMENDMENTS TO THE NAME AND CONSTITUTION
No amendment or change may be made to the name of the Party or this Constitution except with
the approval of the NGC and by two thirds of the entire membership of the National Delegates
Conference, present:
Provided that no such amendment may be implemented without the prior approval or consent in
writing of the Registrar of Political Parties obtained upon application to him/her in writing signed
by three National Officials.
ARTICLE 22: ALTERATION OF THE RULES
The rules including Party Disciplinary rules and Nomination and Election rules may be altered by
resolution of the members at the National Governing Council
Provided that the resolution is duly proposed and seconded in accordance with this Constitution,
and carried by a majority of members voting at the NGC.
ARTICLE 23 MERGER
The National Executive Committee may pass a resolution to merge with any other political party or
parties in the country in the interest of the Party’s vision.
Where such merger involves the dissolution of TDP, the following procedure shall apply:
i NEC shall appoint a team of not more than 7 persons to negotiate a structured merger
ii The Panel shall draw a merger document that shall have due regard to the TDPs vision and
mission, value, identity including colours, assets and liabilities, composition of merger
leadership and contribution of key staff to the Secretariat.
iii The Report of the Panel shall be tabled before NEC for adoption.
iv If adopted by NEC, the National Chairperson shall, within sixty (60) days convene a meeting
of a Special National Delegates Convention at which the merger motion shall be tabled as
the only agenda of the day.
v The Secretary General shall put out a notification of the intended merger in daily newspaper
of national circulation and invite members, other individuals and organizations owed by TDP
to declare their claims.
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vi If the Special Delegates Convention ratifies the merger, within twenty one (21) days the
National Treasurer shall settle any outstanding claims, close the books of account and all
other related obligations.
vii The Secretary General shall circulate copies of the merger documents to delegates attending
the Convention
viii Party Organsshall dissolve in the manner spelt out in the merger document
ix The Merger instrument shall bear the signature of the National Party Leader and the
Secretary General and shall be sealed accordingly.
23.1 DISSOLUTION AND RENAMING
1. Upon the approval of the NEC of a motion for introduction to a Special National
Delegates Convention to dissolve the Party, the Secretary General shall publish in a
national daily newspaper notice of a Special National Delegates Convention which shall
convene not less than forty five (45) days from the date of the publication of such motion.
2. Such notice shall be circulated in writing to all counties and sub-counties not less than forty
five (45) days before the date of the Special National Delegates Convention.
3. A dissolution of TDP shall be by a resolution that is not opposed by thirty (30) percent of
members entitled to attend and vote at the National Delegates Convention, at a Special
National Delegates Convention called for the purpose of dissolution.
4. Any delegated opposed to the dissolution shall register at a desk provided for the purpose
during the said Convention and the dissolution shall deemed to have failed should thirty (30)
percent of the delegates attending and entitled to vote at this Convention vote against it.
5. If the Delegates to this Convention resolve that TDP be dissolved, the NEC shall after the
date of such a resolution remain in office for a maximum of ninety (90) days to oversee the
disposal of assets and settling off all obligations of the Party and the surplus thereof
submitted to the Registrar of Political Parties.
6. The National Delegates Convention may by a resolution decide that TDP is renamed.
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ARTICLE 24 COALITIONS
24.1 PRE-ELECTION COALITION
1. The National Executive Committee may pass a resolution to enter into a pre-election
coalition with any political party or parties.
2. The Pre-election Coalition shall comply the governing law – the Third Schedule of the
Political Parties Act.
3. The instrument of the pre-election coalition shall bear the signature of the Party Leader
the National Chairperson and the Secretary General and shall bear the seal of the
Party.
24.2 POST-ELECTION COALITION
1. The NEC may by resolution elect to have TDP join a post-election coalition or exit from
such a coalition.
2. Such a resolution shall be arrived at from a Post-elections Negotiations Team made up of
the Party Leader, National Chairperson, the Secretary General and not more than two (2)
other persons nominated by the National Executive Committee.
3. The post-election coalition shall be for purposes (i) merging selected items agreed to from
the coalition parties manifestos, (ii) boosting parliamentary strength of parties to the
coalition in Parliament and/or in County Assemblies.
4. The post-election coalition team shall report to the NEC.
5. Such coalition arrangements/process shall comply with the Third Schedule of the Political
Parties Act.
6. The instrument of Post-Election Coalition shall bear the signature of the Party Leader,
National Chairperson and the Secretary General and bear the Party Seal.
ARTICLE 25: DISSOLUTION OF THE PARTY AND DISPOSAL OF ITS ASSETS
(a) A resolution to dissolve the Party shall only be proposed at a Special or a National Delegates
Conference and shall be carried by a at least two thirds of the National Delegates Conference
members present:
Provided, however, that no dissolution shall be effected without prior permission in writing of
the Registrar of Political Parties, obtained upon application to him made in writing and signed by
three National Officials – the Party Leader, the National Chairperson and the Secretary General.
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(b) The dissolution shall take effect from the date of approval by the Registrar. The members of the
National Governing Council shall be responsible for the winding-up of the assets and liabilities
of the Party.
(c) Any property remaining after the discharge of the debts and liabilities of the Party shall be
divided equally such manner as may be resolved by the meeting at which the resolution for
dissolution is passed.
ARTICLE 26: MATTERS WHICH MAY ONLY BE DECIDED UPON BY NDC
Matters which touch on the amendment of the name, logo and constitution of the Party can and
shall only be deliberated upon by a meeting of at least two third majorities NDC members present.
ARTICLE 27: THE NATIONAL ELECTIONS BOARD
The Party shall establish an Election Board which shall be appointed by NEC in consultation and
approval by the National Governing Council which shall comprise esteemed and educated persons
of high integrity.
The Board shall consist of not more than Seven (7) members. The NEC shall appoint the
Chairperson of the Board whereas the Board at its 1st sitting will elect the Vice Chairperson. The
Chairperson shall and preside over its meetings of the National Elections Board. The Deputy
Chairperson will deputize for the Chairperson and act as the chairperson in the absence of the
Chairperson.
The Chairperson of the Elections Board, his/her deputy and other persons in the National Elections
Board shall not seek nomination to vie for any party or national State elective office while they are
serving as members of the Board. The members of the National Elections Board shall hold office a
five year term.
The National Elections Board shall:-
(i) Supervise all Party elections and nominations;
(ii) Originate election or nomination rules and regulationsfor approval by the NGC;
(iii) Appoint appropriate officers to conduct Party elections or nominations at the National,
Branch, Sub-Branch and Ward and Polling Stationslevels;
(iv) Vet any Party nominees for appointment by the requisite Party organ to any position that
the Party by law is entitled to nominates to and send them to the NGC for ratification;
(v) All Party nomination certificates shall be examined by the Director of Elections and
signed by the Party Leader and Secretary General or in their absence persons who may
be designated by the NGC and their names together with their sample signatures
forwarded in writing to the IEBC;
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(vi) Carry out any other functions assigned to it by the National Governing Council or NEC.
(vii) Announce results, keep custody of TDP nomination and results certificates. The
National Elections Board shall establish branch, sub-branch and ward election panels
which will assist them conduct the Party elections, Party nominations and any other
electoral affair.
Any appeals from a Branch, Sub-branch, Ward or Polling Station elections panel shall lie with
relevant the NEB organ. Appeals from NEB will lie before the NEC which shall be the final
appellate body in matters of Elections.
(a) It shall be the policy of the Party to contest elections at all levels of the government. The
Director of Elections in consultation with the National Governing Council shall publish rules
and regulations to ensure fair democratic elections.
(b) Official Party Position shall be made by the Party Leader or a duly authorized official with
approval from THE NATIONAL GOVERNING COUNCIL.
ARTICLE 28: POLLING OF MEMBERS AT THE DISSOLUTION OF THE PARTY OR
A BRANCH
(a) A resolution to dissolve the Party shall only be proposed at a Special or a National Delegates
Conference and shall be carried by a two thirds majority of the members present:
Provided, however, that no dissolution shall be effected without prior permission in writing of
the Registrar of Political Parties obtained upon application made in writing and signed by three
of the National Officials.
(b) For dissolution of a branch, sub-branch and ward this shall be left to the NEC to resolve.
ARTICLE 29: THE PARTY’S DEMOCRATIC PRACTICES THAT COVER GENDER,
NOMINATION BY THE PARTY AND HUMAN RIGHTS.
(a) PDP - will at all-time preserve and accord the members fundamental rights and freedoms as
enshrined in the Constitution of Kenya.
(b) The purpose of the recognition and protection of human rights, gender equality and nomination
is to preserve the dignity of individuals and communities and to promote social justice and the
realization of the potential of all Party members without favor, discrimination or biasness.
(c) Every member shall enjoy the rights in this constitution to the greatest extent consistent with
the nature of the right.
(d) Women and men in TDP - have the right to equal treatment, including the right to equal
opportunitiesin political, economic, cultural and social activities of the Party.
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(e) The Youth constitute an integral part in TDP - and are equally entitled to enjoy all the rights and
freedoms set out in this Constitution taking into account their unique needs.
(f) TDP - shall take all measures including but not limited to affirmative action policies and
programmes to promote the welfare of the youth and women.
(g) Persons with disabilities are entitled to enjoy all the rights set out in this constitution and to fully
participate in the Party affairsincluding elections.
(h) Minorities and other vulnerable groups including elderly Party members are entitled to enjoy all
the rights set out in this constitution and to fully participate in the Party affairs including holding
Party positions.
ARTICLE 30: CHOICE OF LAW
This constitution is to be governed by and construed in accordance with the Kenya Constitution and
the laws of Kenya.
ARTICLE 31: TRANSITIONAL ARRANGEMENTS
The NGC is authorised to make consequential changes to the content and style of these rules
following these amendments and to make such transitional arrangements as necessary.
ARTICLE 32: DISSOLUTION
The National Delegates Conference or any Special Delegates Conference may dissolve the Party
by a two thirds majority of delegates present and voting and transfer the assets and liabilities of
the Party in such a manner as determined by the Conference.
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SCHEDULES TO PDP - CONSTITUTION
SCHEDULE I:
The Party Symbol is a G i r a f f e inside a circle in the Party Colours and the
Party Abbreviation (TDP) also in the Party Colours asillustrated more in Schedule 1
hereto:
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SCHEDULE II:
Party Flag shall include the Party Symbol laid against a background of the Party Colours
of ‘Red’, “Orange” and “Yellow’ with the words “The Symbol of Change” just below
the Party Abbreviation “PDP” as particularly illustrated in Schedule II hereto
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APPENDIX (I)
Disciplinary Rules and Procedures
1. INTRODUCTION
This Part isin addition to Article 7 of the Constitution which deals with discipline.
It prescribes disciplinary procedure and how disciplinary proceedings are to be conducted.
2. OBJECTIVE OF DISCIPLINARY PROCEDURE
The objective of disciplinary procedure is to ensure that all disciplinary proceedings—
(a) Are formal;
(b) Just and fair;
(c) Shall proceed on the presumption of the innocence of the accused;
(d) Afford the member an opportunity to defend himself or herself
(e) Afford the member an opportunity to appeal the decision to a higher
level;
(f) Are otherwise based on the principles of fair administrative action and
natural justice.
3. STARTING DISCIPLINARY PROCEDURE
Disciplinary Proceedings may be instituted:
1. Only for violations or offences of the TDP - constitution, the Rules, the Standing
Orders, Codes of Conduct, or the violations and offences set out in Article 7 (e) or
Article 7 (f) or Article 7 (g) (See Article 7 (b) of the TDP - Constitution.)
2. By any organ or official of the TDP - at, Branch or National level. However, in
certain instances, the NWC may direct that the disciplinary proceedings should take
place at a higher level where a violation or offence was committed (Rule 26.4).
3. By the National Disciplinary Committee which can hear and decide cases:
• Referred to it by the Party National Officials, NWC, or the NEC.
• Of very serious violations or offences on its own initiative (Article 7 (s).
At Polling Station, Branch, or National level by a Disciplinary Committee
Unless:
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• The NWC directsthat the disciplinary proceedings should take place at a higher
level than where a violation or offence was allegedly committed (Article 7 (h)).
• The National Disciplinary Committee institutes disciplinary proceedings referred
by the TDP - National Officials, NWC, or the NEC (Article 7 (s).
• The National Disciplinary Committee institutes disciplinary proceedings itself for
very serious violations or offences. Article 7 (s)
 4. HOLDING DISCIPLINARY PROCEEDINGS
1. A charge must be made within reasonable time of the violation or offence. (Article 7 (p)
2. A charge must be prepared on behalf of the organ or officials of the TDP - instituting the
disciplinary proceedings. The charge must:
• Be in writing
• Set out the information forming the reason for the charge and the alleged
violation or offence in reasonable detail.
• Identify the:
• Provision of the TDP - Constitution, the Rules, the Standing
Orders, and Codes of Conduct alleged to have been violated.
• The violations and offences set out in Article 7 (e) or Article
7 (f) or Article 7 (g) alleged to have been committed.
• Advise the charged member of her or his right to be
represented by a member of the TDP - of good standing, to
have an interpreter present, to call witnesses for defence of
the charge, and to call and question witnesses called for
prosecution of the charge.
• Specify the time and place of the disciplinary proceedings.
• Be delivered to the charged member within 30 days before
the disciplinary proceedings or sooner if this is necessary in
certain serious circumstances.
3. The following persons must be present at a Disciplinary Proceeding:
• The Chairperson and members of the Disciplinary Committee;
• The presenter of the charge.
• The charged member, who can be tried in her or his absence if she or he does not
appear.
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• The charged member's representative and/ or interpreter who is a member of the TDP -
in good standing.
• The witnesses.
• A minute taker.
4. The Chairperson of the Disciplinary Committee must ensure that:
• The disciplinary proceedings are held in a fair manner. He or she will rule on all matters
that may arise and ensure order is maintained.
• The charged member is informed of the charge, is informed of her or his rights and is
asked to plead guilty or not guilty to the charge.
• The presenter of the charge details the charged member's alleged violation or offence
and may call witnesses in support of the charge and may produce relevant
documentation in support of the charge.
• The charged member or her or his representative presents the defence to the charge and
may call witnesses and may request the recall of and question witnesses called in support
of the charge, and may produce relevant documentation.
5. ADJUDICATION
At the end of the disciplinary proceedings, the Chairperson of the Disciplinary Committee must
ensure that:
1. The members of the Disciplinary Committee discuss the issues raised at the disciplinary
proceedings in private and make a finding based on the facts and evidence of the case and
make a ruling.
2. The Chairperson and the members of the Disciplinary Committee decide a penalty. The
penalties are:
• Reprimand
• Payment of compensation and/or performance of useful tasks
• Suspension
• Expulsion.
3. The charged member is advised of the ruling and the penalty of the Disciplinary Committee
with the reasons for these and is advised of her or his right to appeal.
4. That the ruling and penalty are publicly announced. (Article 7 (r).
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6. APPEAL
1. An appeal may be lodged by:
• The charged person against whom a finding has been made or a penalty imposed by the
Disciplinary Committee.
• The organ and/or officials who laid the charge against a finding or a penalty imposed by
the Disciplinary Committee.
2. An Appeal Hearing must be held by the next higher level unless:
• The CEC directs that any appeal from a Branch Disciplinary Committee appeal should
be heard by another Disciplinary Committee.
• The NWC directs that any appeal should be heard by a higher level than the next higher
level.
• The National Disciplinary Committee is the final structure for appeals to be heard.
However, the NEC may at its discretion review a decision of the National Disciplinary
Committee in accordance with standing orders adopted by the NEC. (Article 7 (s).
7. APPEAL PROCEDURE
The following procedure must be followed for appeals:
1. The appeal must be made at the next higher level or the level which the NWC or the CEC
directs to hear the appeal.
2. The appeal must:
• Be made within fourteen days of the charged member being informed of the ruling and
penalty with the reasons for these.
• Be in writing
• Set out the reason for the appeal in reasonable detail.
• Set out the grounds for the appeal in reasonable detail.
3. Except in exceptional circumstances determined by the Chairperson of the Disciplinary
Committee hearing the Appeal, no new evidence may be presented or considered at the
appeal. No new charges may be brought at the appeal.
4. The Chairperson and the members of the Disciplinary Committee must discuss the issues
raised at the appeal hearing, and come to a finding based on the facts and evidence of the
appeal hearing and make a ruling which can confirm, vary or amend the original ruling
and/or penalty.
5. The person who appeals must be advised of the ruling and the confirmation or variation of
the original ruling and/or penalty.
Any further appeal will need the permission of the next higher level.
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8.. Internal Party Dispute Resolution Mechanisms
1. If a dispute arises within the Party, the same shall, in writing, be referred to the National
Executive Council, which shall preside over and resolve the dispute within no more than
Thirty (30) days.
2. If the dispute is of such a nature that NEC cannot resolve it, the Council shall appoint a
mediator.
3. The mediator’s decision shall be binding.
4. No member of the Party shall refer any dispute to the Courts or Tribunal before
exhausting the internal dispute mechanism set out herein, unless the dispute relates to a
criminal offence.
5. Such resolution processes shall abide by the spirit and letter of Articles 47 and 50 of the
Kenya Constitution, 2010.