September 2011 (LNs 107-137)

137-Immigration Act Exemption of Comai V, 2011

137-Immigration Act Exemption of Comai V, 2011

30th September, 2011

LEGAL NOTICE NO. 137

THE IMMIGRATION ACT
(Cap. 172)

EXEMPTION

IN EXERCISE of the powers conferred by regulation 38 of the Immigration Regulations, the Minister of State for Immigration and Registration of Persons exempts, from payment of visa fees all the delegates attending the 5th Conference of African Ministers in Charge of Integration (COMAI V) to be held in Kenya in the month of September, 2011.

Made on the 2nd September, 2011.

OTIENO-KAJWANG,
Minister of State for Immigration and Registration of Persons.

136-Registered Land (Application)(No 27) Order, 2011

136-Registered Land (Application)(No 27) Order, 2011

30th September, 2011

LEGAL NOTICE NO. 136

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order—

THE REGISTERED LAND (APPLICATION) (NO. 27) ORDER, 2011

1. This Order may be cited as the Registered Land (Application)(No. 27) Order, 2011.

2. The Act shall apply to the area of land specified in the Schedule.

SCHEDULE

Land Ref. No.             Area in Hectares        Situation
36/VII/256                 0.0894                     Nairobi

Made on the 6th September, 2011.

JAMES ORENGO,
Minister for Lands.

135-Registered Land (Application)(No 26) Order, 2011

135-Registered Land (Application)(No 26) Order, 2011

30th September, 2011

LEGAL NOTICE NO. 135

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order—

THE REGISTERED LAND (APPLICATION) (NO. 26) ORDER, 2011

1. This Order may be cited as the Registered Land (Application) (No. 26) Order, 2011.

2. The Act shall apply to the area of land specified in the Schedule.

SCHEDULE

Land Ref. No.         Area in Hectares     Situation
36/VII/257             0.0968                     Nairobi

Made on the 6th September, 2011.

JAMES ORENGO,
Minister for Lands.

134-Registered Land (Application)(No 25) Order, 2011

134-Registered Land (Application)(No 25) Order, 2011

30th September, 2011

LEGAL NOTICE NO. 134

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order—

THE REGISTERED LAND (APPLICATION) (NO. 25) ORDER, 2011

1. This Order may be cited as the Registered Land (Application)(No. 25) Order, 2011.

2. The Act shall apply to the area of land specified in the Schedule.

SCHEDULE

Land Ref. No.         Area in Hectares         Situation
36/VII/255             0.0894                        Nairobi

Made on the 6th September, 2011.

JAMES ORENGO,
Minister for Lands.

133-Registered Land (Application)(No 24) Order, 2011

133-Registered Land (Application)(No 24) Order, 2011

30th September, 2011

LEGAL NOTICE NO. 133

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order—

THE REGISTERED LAND (APPLICATION) (NO. 24) ORDER, 2011

1. This Order may be cited as the Registered Land (Application)(No. 24) Order, 2011.

2. The Act shall apply to the area of land specified in the Schedule.

SCHEDULE

Land Ref. No.         Area in Hectares         Situation
4953/2022             0.0465                      Thika Municipality

Made on the 2nd August, 2011.

JAMES ORENGO,
Minister for Lands.

132-Registered Land (Application)(No 23) Order, 2011

132-Registered Land (Application)(No 23) Order, 2011

30th September, 2011

LEGAL NOTICE NO. 132

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order—

THE REGISTERED LAND (APPLICATION) (NO. 23) ORDER, 2011

1. This Order may be cited as the Registered Land (Application) (No. 23) Order, 2011.

2. The Act shall apply to the area of land specified in the Schedule.

SCHEDULE

Land Ref. No.           Area in Hectares         Situation
4857/126                 0.6752                        Nairobi

Made on the 2nd August, 2011.

JAMES ORENGO,
Minister for Lands

131-Income Tax ActKenya National Trading Corporation Exemption, 2011

131-Income Tax ActKenya National Trading Corporation Exemption, 2011

30th September, 2011

LEGAL NOTICE No. 131

THE INCOME TAX ACT
(Cap. 470)

EXEMPTION

IN EXERCISE of the powers conferred by section 13 (2) of the Income Tax Act, the Deputy Prime Minister and Minister for Finance directs that the lump-sum retirement benefits paid to thirty-two
employees of the Kenya National Trading Corporation who were retired from the Corporation with effect from the 30th May, 2011, shall be exempt from the provisions of the Act—

Provided that—

(a) the exemption shall not apply to other pension benefits paid to employees;

(b) an employee who has retired shall not be re-employed by the Kenya National Trading Corporation in any capacity or under any terms whatsoever before the expiry of three years from the date if retirement; and

(c) the Kenya National Trading Corporation shall, in addition to complying with any conditions that the Commissioner of Income Tax may impose, furnish the Commissioner, in respect of every employee that is retired, with the name, date of retirement from the Kenya National Trading Corporation, the amount paid and a copy of the letter of the employee confirming the retirement.

Dated the 23rd August, 2011.

UHURU KENYATTA,
Deputy Prime Minister and Minister for Finance.

130-Machakos University College Order, 2011

130-Machakos University College Order, 2011

16th September, 2011
Legal Notice No. 130
THE KENYATTA UNIVERSITY ACT
 (Cap. 210C)
IN EXERCISE of the powers conferred by section 5 of the Kenyatta University Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, make the following Order:—
THE MACHAKOS UNIVERSITY COLLEGE ORDER, 2011
Citation.
1. This Order may be cited as the Machakos University College Order, 2011.
Interpretation.
2. In this Order, unless the context otherwise requires—
“Academic Board” means the Academic Board of the University College established under paragraph 13;
“Chancellor” means the Chancellor of the University;
“Council” means the Council of the University College constituted under paragraph 11;
“convocation” means the convocation of the University College constituted under paragraph 15;
“Deputy Principal” means the Deputy Principal appointed by the Council under paragraph 9;
“faculty” means a faculty of the University College established under the statutes;
“financial year” means the financial year of the University College as provided for under paragraph 18;
“graduate” means a person upon whom a degree has been conferred under paragraph 5;
“institute” means an institute of the University College established by the statutes;
“lecturer” means a member of the staff of the University College who is, in terms of appointment, a professor, an associate professor, senior lecturer, lecturer, assistant lecturer, or tutorial assistant, or a person who holds any other teaching post which the Council has recognized as a post having academic status in the University College;
“librarian” means the person appointed to be the librarian of the University College;
“Management Board” means the Management Board of the University College established under paragraph 14;
“Minister” means the Minister for the time being responsible for higher education;
“Principal” means the Principal of the University College appointed under paragraph 8;
“professor” means a full professor of the University College;
“registrar” means the registrar appointed by the Council;
“school” means a school of the University College established under the statutes;
“Senate” means the Senate of the University constituted under section 17 of the Act;
“staff association” means an association of staff recognized by the Council as being an association representative of 
the staff of the University College;
“statutes” means statutes of the University College made by the Council under this Order;
“student” means a person registered by the University College for the purposes of obtaining a qualification of the University College or any other person who is determined by the Academic Board to be a student;
“students organization” means an association of the students recognized by the Council being an organization representative of the students of the University College;
“University College” means the Machakos University College established under paragraph 3;
“University” means the Kenyatta University established under section 3 of the Act; and
“Vice-Chancellor” means the Vice-Chancellor of the University appointed under section 10 of the Act.
PART II—ESTABLISHMENT, POWERS AND FUNCTIONS OF THE UNIVERSITY COLLEGE
Establishment of the university college.
3. (1) There is established a university college to be known as the Machakos University College which shall be a constituent college of the Kenyatta University.
(2) The University College shall be a body corporate with perpetual succession and a common seal, and shall in its corporate name be capable of—
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding, charging and disposing movable and immovable property;
(c) receiving, investing, borrowing and lending money; and
(d) doing or performing such other things or acts, including entering into such contracts as may be necessary or expedient for the furtherance of the provision of this Order which may be done by a body corporate.
    
(3) The University College shall be the successor to Machakos Technical Training Institute.
(4) All rights, liabilities and assets held by or by any body on behalf of Machakos Technical Training Institute existing at the commencement of this Order, shall be automatically and fully transferred to the University College.
Objects and functions of University College.
4. (1) The objects and functions of the University College shall be—
(a) to provide directly, or in collaboration with other institutions of higher learning, facilities for technical, vocational, professional and scientific education and research;
(b) to participate in technological innovation and the discovery, preservation, transmission of knowledge and to stimulate the intellect participation of students in the economic, social, cultural, scientific and technological development of Kenya;
(c) to conduct examinations for such academic awards as may be provided for in the statutes pertaining to the University College;
(d) to examine and make proposals for new faculties, schools, institutes, departments, resource and research centres, degree courses and subjects of study;
(e) to play a leading role in the development and expansion of the opportunities for higher education and research;
(f) to contribute to industrial and technological development through innovations and technology transfer;
(g) to develop as an institution of excellence in teaching, training, scholarship, entrepreneurship, innovation, research and consultancy  services;
(h) to participate in commercial ventures and other activities for the benefit of the institution, the community and stakeholders;
(i) to contribute to the agricultural, industrial and technological development of Kenya in collaboration with industrial and other institutions through the transfer of appropriate technology;
(j) to develop and provide educational, cultural, professional, technical and vocational services to the community and in particular foster corporate social responsibility and the practical arts;
(k) to provide programmes, products and services in ways that reflect the principles of equity and social justice;
(l) to facilitate student mobility between different programmes at different  training institutions, universities and industry; and
(m) to foster the general welfare of all staff and students.
    
(2) Admission to the University College as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Academic Board in accordance with this Order and the Act without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, colour, creed, physical ability or gender; and no barrier based on any such distinction shall be imposed upon any person as a condition of their becoming, or continuing to be, a professor, lecturer, graduate or student of the University College, or of their holding any office therein, nor shall any preference be given to, or advantage withheld from any person on the grounds of any such distinction.
Conferment of degrees, etc.
5. (1) The degrees to be awarded by the University College shall be the degrees conferred by the University. 
(2) Notwithstanding subparagraph (1), the University College shall have powers to grant diplomas, certificates, or other academic qualifications which may, for the time being, be authorized by the statutes of the University College.
Award of scholarships, bursaries etc.
6. Subject to this Order, the University College may award scholarships, bursaries and prizes and make such other awards which may be provided for by the statutes.
PART III—MEMBERSHIP AND THE GOVERNMENT OF THE UNIVERSITY COLLEGE
Membership of the University College.
7. The members of the University College shall be—
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Principal;
(d) the Deputy Principals;
(e) the members of the Council;
(f) the members of the Academic Board;
(g) the professors of the University College;
(h) the lecturers of the University College;
(i) the Registrars;
(j) the librarian;
(k) the Finance Officer;
(l) the Dean of students;
(m) the Director of ICT services;
(n) the students of the University College;
(o) the members of the convocation; and
(p) such other members of staff of the University College or any other body formally admitted into association with the University College, as the Council may from time to time determine.
    
The Principal.
8. (1) There shall be a Principal of the University College who shall be appointed by the Minister on the advice of the Council and in consultation with the Chancellor. 
    
(2) The Principal shall be the chief executive of the University College and shall—
(a) be the academic and administrative head of the University College;
(b) have overall responsibility of the direction, organization, administration and programmes of the University College; and
(c) have such powers and duties as may be provided by the statutes.
(3) The Principal shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period, shall be eligible for re-appointment for one further term.
(4)  Notwithstanding sub-paragraph (1), the Minister may appoint the first Principal on the recommendation of the Council of the University and the person so appointed shall be considered to be the Principal appointed under sub-paragraph (1).
The Deputy Principal.
9. (1) The Council shall, in consultation with the Chancellor appoint one or more deputy principals, who shall, under the general direction of the Principal, exercise such powers and perform such duties as may be provided by the statutes.
(2) A Deputy Principal shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period, shall be eligible for re-appointment for one further term.
Deans, directors and chairmen of faculties, etc.
10. (1) The Council shall, after a competitive process, appoint for each faculty, school, institute, centre, or a department, a dean, a director, or a chairman who shall be the academic and administrative head of the faculty, school, institute, centre, or department and shall, under the general direction of the Principal, exercise such powers and duties as may be provided by statutes.
(2) A person appointed as dean, director or chairman shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period shall be eligible for re-appointment for one further term.
The Council.
11. (1) There shall be a Council of the University College which shall consist of—
(a) the Chairman and Vice-Chairman, both of whom shall be appointed by the President in consultation with the Chancellor;
(b) the Vice-Chancellor;
(c) the Principal;
(d) the Deputy Principals;
(e) the Permanent Secretary of the Ministry for the time being responsible for higher education;
(f) the Permanent Secretary of the Ministry for the time being responsible for finance;
(g) two persons nominated by the Academic Board from among its members;
(h) one person nominated by the Senate of the University from among its members;
(i) three persons appointed by the Minister to represent professional associations and industries;
(j) not more than two persons appointed by the Minister to represent special interest; 
(k) one person nominated by the convocation from among its members;
(l) one person nominated by the non-academic staff to represent their interests;
(m) one person nominated by the academic staff to represent their interests;
(n) two persons nominated by the student organisation; and
(o) not more than two persons co-opted by the Council.
    
(2) The Principal shall be the secretary to the Council.    
    
(3) Subject to sub-paragraph (4), a member of the Council, other than an ex officio member, shall hold office for a period of three years, but shall be eligible for re-appointment for a further term.
(4) The office of a member of the Council shall become vacant—
(a) if, not being an ex officio member, he resigns from office by giving a notice, in writing, to the Principal; 
(b) if the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the functions of his office; or
(c) upon his death.
(5) Where the office of a member of the Council becomes vacant, the Principal shall forthwith notify the vacancy to the appropriate appointing authority. 
(6) The procedure, conduct and regulation of the affairs of the Council shall be determined by the Council. 
(7) The Council shall exercise prudent leadership, innovative enterprise and good judgement in directing the University College and shall act in the best interest of the University College.
Functions of the Council.
12. (1) Subject to this Order, the Council shall be the governing body of the University College through which the University College shall act and—
(a) shall administer the property and funds of the University College in a manner and for the purposes which shall promote the interest of the University College; but the Council shall not charge or dispose of immovable property of the University College except in accordance with the procedures laid down by the Government of Kenya;
(b) shall receive, on behalf of the University College, donations, endowments, gifts, grants or other moneys and make disbursements therefrom to the University College or other bodies or persons;
(c) shall approve the appointment criteria and the terms and conditions of service of staff;
(d) shall provide for the welfare of the staff and students of the University College;
(e) may enter into association with other universities, university colleges or other institutions of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate; and
(f) may, after consultation with the Academic Board, make regulations governing the conduct and discipline of the students of the University College.
(2) All documents, other than those required by law to be under seal, made on behalf of the Council, and all decisions of the Council may be signified under the hand of the Chairman, the Principal or any other member of the Council generally or specifically authorized by the Council in that behalf.
(3) The Council shall ensure that a proper management structure is in place and make sure that the structure functions to maintain corporate integrity, reputation and responsibility.
(4) The Council shall monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University College.
(5) The Council shall constantly review the viability and financial sustainability of the University College, and shall do so once every year.
(6) The Council shall ensure that the University College complies with all the relevant laws, regulations, governance practices, accounting and auditing standards.
The Academic Board.
13. (1) There shall be an Academic Board of the University College which shall consist of—
(a) the Principal, who shall be the Chairman;
(b) the Deputy Principals;
(c) the deans of the faculties, and directors of schools, institutes and centres;
(d) the heads of the teaching departments of the University College;
(e) the Registrar in charge of academic affairs;
(f) the librarian;
(g) one representative of each of the faculty or school academic boards appointed by the respective boards from among its members; and
 
(h) two members elected by the students’ organization, who shall not be entitled to attend deliberations of the Academic Board on matters which are considered by the chairman of the Academic Board to be confidential and which relate to examinations, the general discipline of students, and other related matters.
(2) The Deputy Principal for the time being in charge of academics shall be the secretary to the Academic Board.
 
(3) The Academic Board shall have the following powers and duties—
(a) to satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University College and to report its findings thereon to the Senate;
(b) to propose regulations for consideration by the Senate regarding the eligibility of persons for admission to a course of study;
(c) to propose regulations for consideration by the Senate regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificate or other award of the University College;
(d) to decide which persons have attained the prescribed standard of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other award of the University College and to report its decision thereon to the Senate; and
(e) to make regulations governing such other matters as are within its powers in accordance with this Order or the statutes.
(4) Notwithstanding any of the provision of this Order, the Senate shall not initiate any action in respect of paragraph (a), (b), (c) or (d) of subparagraph (2) except upon receipt of a report or proposal thereunder and the Senate shall not reject any such report, or reject or amend any regulations as proposed without further reference to the Academic Board.
Management Board.
14. (1) There shall be established a Management Board made up of the following persons—
(a) the Principal, who shall be the chairman;
(b) the Deputy Principals;
(c) the Registrar in charge of administration, who shall be the secretary;
(d) the Finance Officer; and
(e) such other member of senior management as the Council may determine.
(2) The Management Board shall assist the Principal in the day to day management of the University College and shall, in this respect, be responsible for—
(a) the efficient management of the human, physical, and financial resources of the University College;
(b) making proposals to the Council and the Academic Board on policies that have application across the entire institution;
(c) the coordination of the University College strategic and development plans; and
(d) any other matters related to the management of the University College.
Convocation.
15. (1) There shall be a convocation of the University College which shall consist of graduates of the University College and such other persons as may be prescribed by the statutes.
(2) The convocation shall have the right to meet and discuss any matter relating to the University College and transmit resolutions thereon to the Council, the Academic Board, or the Senate, and may exercise such other functions as the statutes may prescribe.
Staff of the University College.
16. (1) The staff of the Machakos Technical Training Institute, existing prior to the commencement of this Order including those on secondment are eligible for employment by the University College subject to appraisal by the Council in accordance with the statutes.
(a) The academic staff of the University College shall consist of the Principal, the Deputy Principals, the librarian and all members of staff who are engaged in teaching and research.
(b) The senior management staff of the University College shall consist of the Principal, the Deputy Principals, and the deans of schools and faculties and directors of institutes and such other members of staff as the Council may from time to time determine.
(c) The administrative staff of the University College shall consist of the registrars, the Finance Officer and such other members of staff, not being engaged in teaching or research, as the Council may, from time to time, determine.
(d) The technical staff of the University College shall consist of staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, and as the Council may from time to time determine.
(e) The support staff of the University College shall consist of those staff engaged in general duties and as the Council may from time to time determine.
(f) All members of staff of the University College shall, subject to this Order, be appointed either— 
(c) in the manner and upon the terms and conditions of service prescribed by the statutes; or
(d) in the case of a person seconded to the service of the University College from the service of another institution, the Government or any other public service, on terms and conditions agreed upon between the Council and the seconding body.
(g) The Council may, subject to such restrictions as it may impose, delegate, either generally or specially, to any person, committee, or body, the power to appoint any member of the staff of the University College.
(h) All members of staff of the University College shall—
(c) be subject to the general authority of the Council and of the Principal; and
(d) be considered to be employed in accordance with the statutes or as otherwise specifically provided by the statutes or by the terms of a particular appointment.
Performance of functions in absence of office holder.
17. (1) In the event of the incapacity of the Principal, the Council may appoint one of the Deputy Principals to carry out the functions of the Principal during the period of incapacity.
(2) In the event of the simultaneous incapacity of the Principal and the Deputy Principals, the Chancellor, after consultation with the Chairman of the Council, may appoint any member of the senior management staff of the University College to perform the functions of the Principal during the incapacity.
(3) In the event of the incapacity of a member of staff of the University College other than the Principal and Deputy Principals, the Principal may appoint a suitable person to perform the functions of the said officer during the incapacity.
(4)  In this paragraph ‘incapacity’ means absence from Kenya or inability, for any other reason, to perform the functions of the office concerned.
PART IV—FINANCIAL PROVISIONS
Financial year.
18. The financial year of the University College shall be the period of twelve months commencing on the 1st July and ending on 30th June in the following year.
Investment of funds.
19. (1) The Council may invest any of the funds of the University College in securities, treasury bonds, trust funds or in any other securities which the Treasury may, from time to time, approve.
(2) The Council may place on deposit with such banks as it may determine any moneys not immediately required for the purposes of the University College.
Annual estimates.
20. (1) Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University College for that year.
(2) The annual estimates shall make provisions for all the estimated expenditure of the University College for the financial year concerned, and in particular shall provide—
(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University College;
(b) for the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University College;
 
(c) for the proper maintenance of the buildings and grounds of the University College;
(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University College;
(e) for the funding of the cost of teaching, research and outreach activities of the University College;
(f) for development; and
for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit. 
(3) In drawing its annual estimates and development plans, the University College shall consult with the University and the Government agency responsible for university grants.
(4) Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the Minister for approval, and after the Minister has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Minister.
(5) Expenditure shall not be incurred for the purpose of the University College except in accordance with the annual estimates approved under subparagraph (4) or in accordance with an authorization of the Council given with the prior approval of the Minister.
Accounts and audit.
21. (1) The Council shall cause to be kept all proper books of accounts of the income, expenditure and assets and of the University College.
(2) Within a period of three months from the end of each financial year, the Council shall submit to the Auditor-General, the accounts of the University College together with—
(a) a statement of income and expenditure during that year; and
(b) a statement of the assets and liabilities of the University College on the last day of that year.
(3) The accounts of the University College shall be audited by the Auditor General in accordance with the Public Audit Act (No. 12 of 2003).
(4) The Auditor-General may transmit to the Minister a special report on any matters  incidental to his powers under this Order, and section 24 (3) and (4) of the Public Audit Act (No. 12 of 2003) shall apply to any report made under this paragraph.
PART V—MISCELLANEOUS
Common seal and signification of documents.
22. (1) The common seal of the University College shall be kept in such custody and used only as the Council shall direct.
(2) The common seal of the University College shall be authenticated by the signatures of the Principal together with any other person duly authorized by the Council.
(3) The common seal of the University College when affixed to any document and duly authenticated shall be judicially and officially noticed, and, unless and until the contrary is proved, any order or authorization of the Council under this paragraph shall be presumed to have been duly given.
Statutes.
23. (1) In the performance of its functions under this Order, the Council shall, subject to this Order, make statutes generally for the government, control and administration of the University College and for the better carrying into effect of the purposes of this Order, and in particular for the—
(a) establishment of faculties, schools, and institutes of the University College;
(b) description of degrees, diplomas, certificates, and other academic qualifications;
(c) requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications;
(d) conduct of examinations;
(e) prescribing of fees and other charges;
(f) setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of the staff of the University College;
(g) constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and
(h) providing for or prescribing anything, which, under this Order, may be provided for or prescribed by statutes.
(2) Notwithstanding subparagraph (1), the Council shall not make, amend or revoke any statute relating to the functions and privileges of the Principal or Academic Board without first ascertaining the opinion of the Academic Board.
(3) Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourths of the members present and voting, being not less than two-thirds of the total membership of the Council.
(4) Statutes or regulations made by the Council under this Order shall not be published in the Gazette but sections 27, 31(e) and 34 of the Interpretation and General Provisions Act (Cap. 2) shall not apply to the statutes or to the regulations.
Protection of name.
24. (1) Despite the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the words “Machakos” together with either or both the words “University” or “College” unless the application for the registration is accompanied by the written consent of the Council.
(2) Any person who except with the written consent of the Council, uses the words “Machakos” together with either or both the words “University” or “College” in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding twelve months or to both:
Provided that nothing in this paragraph shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of a degree, diploma or certificate by the University College.
Conversion into a fully fledged university.
25. The status accorded to the University College by this Order as a constituent college of the University shall be transitional only and the University shall initiate the necessary administrative and legal measures to ensure that the University College becomes a fully fledged university.
Made on the 5th September, 2011.
MWAI KIBAKI,
President.

129-Muranga University College Order, 2011

129-Muranga University College Order, 2011

16th September, 2011

Legal Notice No. 129

THE JOMO KENYATTA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY ACT
(Cap. 210E)

IN EXERCISE of the powers conferred by section 5 of the Jomo Kenyatta University of Agriculture and Technology Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, make the following Order:—

THE MURANGA UNIVERSITY COLLEGE ORDER, 2011

Citation.
1. This Order may be cited as the Muranga University College Order, 2011.

Interpretation.
2. In this Order, unless the context otherwise requires—

“Academic Board” means the Academic Board of the University College established under paragraph 13;

“alumni association” means the alumni association of the University College established under paragraph 15;

“Chancellor” means the Chancellor of the University;

“Council” means the Council of the University College constituted under paragraph 11;

“Deputy Principal” means the Deputy Principal appointed by the Council under paragraph 9;

“faculty” means a faculty of the University College established under the statutes;

“financial year” means the financial year of the University College as provided for under paragraph 18;

“graduate” means a person upon whom a degree has been conferred under paragraph 5;

“institute” means an institute of the University College established by the statutes;

“lecturer” means a member of the staff of the University College who is, in terms of appointment, a professor, an associate professor, senior lecturer, lecturer, assistant lecturer, or tutorial assistant, or a person who holds any other teaching post which the Council has recognized as a post having academic status in the University College;

“librarian” means the person appointed to be the librarian of the University College;

“Management Board” means the Management Board of the University College established under paragraph 14;

“Minister” means the Minister for the time being responsible for higher education;

“Principal” means the Principal of the University College appointed under paragraph 8;

“professor” means a full professor of the University College;

“registrar” means the registrar appointed by the Council;

“school” means a school of the University College established under the statutes;

“Senate” means the Senate of the University constituted under section 17 of the Act;

“staff association” means an association of staff recognized by the Council as being an association representative of the staff of the University College;

“statutes” means statutes of the University College made by the Council under this Order;

“student” means a person registered by the University College for the purposes of obtaining a qualification of the University College or any other person who is determined by the Academic Board to be a student;

“students organization” means an association of the students recognized by the Council being an organization representative of the students of the University College;

“University College” means the Muranga University College established under paragraph 3;

“University” means the Jomo Kenyatta University of Agriculture and Technology established under section 3 of the Act; and

“Vice-Chancellor” means the Vice-Chancellor of the University appointed under section 10 of the Act.

PART II—ESTABLISHMENT, POWERS AND FUNCTIONS OF THE UNIVERSITY COLLEGE

Establishment of the university college.
3. (1) There is established a university college to be known as the Muranga University College which shall be a constituent college of the Jomo Kenyatta University of Agriculture and Technology.
 
(2) The University College shall be a body corporate with perpetual succession and a common seal, and shall in its corporate name be capable of—

(a) suing and being sued;

(b) taking, purchasing or otherwise acquiring, holding, charging and disposing movable and immovable property;

(c) receiving, investing, borrowing and lending money; and

(d) doing or performing such other things or acts, including entering into such contracts as may be necessary or expedient for the furtherance of the provision of this Order which may be done by a body corporate.

(3) The University College shall be the successor to Muranga Institute of Technology.

(4) All rights, liabilities and assets held by or by any body on behalf of Muranga Institute of Technology existing at the commencement of this Order, shall be automatically and fully transferred to the University College.

Objects and functions of University College.
4. (1) The objects and functions of the University College shall be—

(a) to provide directly, or in collaboration with other institutions of higher learning, facilities for technical, vocational, professional and scientific education and research;

(b) to participate in technological innovation and the discovery, preservation, transmission of knowledge and to stimulate the intellect participation of students in the economic, social, cultural, scientific and technological development of Kenya;

(c) to conduct examinations for such academic awards as may be provided for in the statutes pertaining to the University College;

(d) to examine and make proposals for new faculties, schools, institutes, departments, resource and research centres, degree courses and subjects of study;

(e) to play a leading role in the development and expansion of the opportunities for higher education and research;

(f) to contribute to industrial and technological development through innovations and technology transfer;

(g) to develop as an institution of excellence in teaching, training, scholarship, entrepreneurship, innovation, research and consultancy  services;

(h) to participate in commercial ventures and other activities for the benefit of the institution, the community and stakeholders;

(i) to contribute to the agricultural, industrial and technological development of Kenya in collaboration with industrial and other institutions through the transfer of appropriate technology;

(j) to develop and provide educational, cultural, professional, technical and vocational services to the community and in particular foster corporate social responsibility and the practical arts;

(k) to provide programmes, products and services in ways that reflect the principles of equity and social justice;

(l) to facilitate student mobility between different programmes at different  training institutions, universities and industry; and

(m) to foster the general welfare of all staff and students.

(2) Admission to the University College as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Academic Board in accordance with this Order and the Act without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, colour, creed, physical ability or gender; and no barrier based on any such distinction shall be imposed upon any person as a condition of their becoming, or continuing to be, a professor, lecturer, graduate or student of the University College, or of their holding any office therein, nor shall any preference be given to, or advantage withheld from any person on the grounds of any such distinction.

Conferment of degrees, etc.
5. (1) The degrees to be awarded by the University College shall be the degrees conferred by the University. 

(2) Notwithstanding subparagraph (1), the University College shall have powers to grant diplomas, certificates, or other academic qualifications which may, for the time being, be authorized by the statutes of the University College.

Award of scholarships, bursaries etc.
6. Subject to this Order, the University College may award scholarships, bursaries and prizes and make such other awards which may be provided for by the statutes.

PART III—MEMBERSHIP AND THE GOVERNMENT OF THE UNIVERSITY COLLEGE

Membership of the University College.
7. The members of the University College shall be—

(a) the Chancellor;

(b) the Vice-Chancellor;

(c) the Principal;

(d) the Deputy Principals;

(e) the members of the Council;

(f) the members of the Academic Board;

(g) the professors of the University College;

(h) the lecturers of the University College;

(i) the Registrars;

(j) the librarian;

(k) the Finance Officer;

(l) the Dean of students;

(m) the students of the University College;

(n) the members of the alumni association; and

(o) such other members of staff of the University College or any other body formally admitted into association with the University College, as the Council may from time to time determine.

The Principal.
8. (1) There shall be a Principal of the University College who shall be appointed by the Minister on the advice of the Council and in consultation with the Chancellor. 

(2) The Principal shall be the chief executive of the University College and shall—

(a) be the academic and administrative head of the University College;

(b) have overall responsibility of the direction, organization, administration and programmes of the University College; and

(c) have such powers and duties as may be provided by the statutes.
    
(3) The Principal shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period, shall be eligible for re-appointment for one further term.

(4)  Notwithstanding sub-paragraph (1), the Minister may appoint the first Principal on the recommendation of the Council of the University and the person so appointed shall be considered to be the Principal appointed under sub-paragraph (1).

The Deputy Principal.
9. (1) The Council shall, in consultation with the Chancellor appoint one or more deputy principals, who shall, under the general direction of the Principal, exercise such powers and perform such duties as may be provided by the statutes.
    
(2) A Deputy Principal shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period, shall be eligible for re-appointment for one further term.

Deans, directors and chairmen of faculties, etc.
10. (1) The Council shall, after a competitive process, appoint for each faculty, school, institute, centre, or a department, a dean, a director, or a chairman who shall be the academic and administrative head of the faculty, school, institute, centre, or department and shall, under the general direction of the Principal, exercise such powers and duties as may be provided by statutes.
    
(2) A person appointed as dean, director or chairman shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period shall be eligible for re-appointment for one further term.

The Council.
11. (1) There shall be a Council of the University College which shall consist of—

(a) the Chairman and Vice-Chairman, both of whom shall be appointed by the President in consultation with the Chancellor;

(b) the Vice-Chancellor;

(c) the Principal;

(d) the Deputy Principals;

(e) the Permanent Secretary of the Ministry for the time being responsible for higher education;

(f) the Permanent Secretary of the Ministry for the time being responsible for finance;

(g) two persons nominated by the Academic Board from among its members;

(h) one person nominated by the Senate of the University from among its members;

(i) three persons appointed by the Minister to represent professional associations and industries;

(j) not more than two persons appointed by the Minister to represent special interest; 

(k) one person nominated by the alumni association from among its members;

(l) one person nominated by the non-academic staff to represent their interests;

(m) one person nominated by the academic staff to represent their interests;

(n) two persons nominated by the student organisation; and

(o) not more than two persons co-opted by the Council.
    
(2) The Principal shall be the secretary to the Council.    

(3) Subject to sub-paragraph (4), a member of the Council, other than an ex officio member, shall hold office for a period of three years, but shall be eligible for re-appointment for a further term.
    
(4) The office of a member of the Council shall become vacant—

(a) if, not being an ex officio member, he resigns from office by giving a notice, in writing, to the Principal; 

(b) if the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the functions of his office; or

(c) upon his death.

(5) Where the office of a member of the Council becomes vacant, the Principal shall forthwith notify the vacancy to the appropriate appointing authority. 

(6) The procedure, conduct and regulation of the affairs of the Council shall be determined by the Council. 

(7) The Council shall exercise prudent leadership, innovative enterprise and good judgement in directing the University College and shall act in the best interest of the University College.

Functions of the Council.
12. (1) Subject to this Order, the Council shall be the governing body of the University College through which the University College shall act and—

(a) shall administer the property and funds of the University College in a manner and for the purposes which shall promote the interest of the University College; but the Council shall not charge or dispose of immovable property of the University College except in accordance with the procedures laid down by the Government of Kenya;

(b) shall receive, on behalf of the University College, donations, endowments, gifts, grants or other moneys and make disbursements therefrom to the University College or other bodies or persons;

(c) shall approve the appointment criteria and the terms and conditions of service of staff;

(d) shall provide for the welfare of the staff and students of the University College;

(e) may enter into association with other universities, university colleges or other institutions of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate; and

(f) may, after consultation with the Academic Board, make regulations governing the conduct and discipline of the students of the University College.

(2) All documents, other than those required by law to be under seal, made on behalf of the Council, and all decisions of the Council may be signified under the hand of the Chairman, the Principal or any other member of the Council generally or specifically authorized by the Council in that behalf.

(3) The Council shall ensure that a proper management structure is in place and make sure that the structure functions to maintain corporate integrity, reputation and responsibility.

(4) The Council shall monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University College.

(5) The Council shall constantly review the viability and financial sustainability of the University College, and shall do so once every year.

(6) The Council shall ensure that the University College complies with all the relevant laws, regulations, governance practices, accounting and auditing standards.

The Academic Board.
13. (1) There shall be an Academic Board of the University College which shall consist of—

(a) the Principal, who shall be the Chairman;

(b) the Deputy Principals;

(c) the deans of the faculties, and directors of schools, institutes and centres;

(d) the heads of the teaching departments of the University College;

(e) the Registrar in charge of academic affairs;

(f) the librarian;

(g) one representative of each of the faculty or school academic boards appointed by the respective boards from among its members; and
 
(h) two members elected by the students’ organization, who shall not be entitled to attend deliberations of the Academic Board on matters which are considered by the chairman of the Academic Board to be confidential and which relate to examinations, the general discipline of students, and other related matters.

(2) The Deputy Principal for the time being in charge of academics shall be the secretary to the Academic Board.

(3) The Academic Board shall have the following powers and duties—

(a) to satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University College and to report its findings thereon to the Senate;

(b) to propose regulations for consideration by the Senate regarding the eligibility of persons for admission to a course of study;

(c) to propose regulations for consideration by the Senate regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificate or other award of the University College;

(d) to decide which persons have attained the prescribed standard of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other award of the University College and to report its decision thereon to the Senate; and

(e) to make regulations governing such other matters as are within its powers in accordance with this Order or the statutes.

(4) Notwithstanding any of the provision of this Order, the Senate shall not initiate any action in respect of paragraph (a), (b), (c) or (d) of subparagraph

(2) except upon receipt of a report or proposal thereunder and the Senate shall not reject any such report, or reject or amend any regulations as proposed without further reference to the Academic Board.
    
Management Board.
14. (1) There shall be established a Management Board made up of the following persons—

(a) the Principal, who shall be the chairman;

(b) the Deputy Principals;

(c) the Registrar in charge of administration, who shall be the secretary;

(d) the Finance Officer; and

(e) such other member of senior management as the Council may determine.
    
(2) The Management Board shall assist the Principal in the day to day management of the University College and shall, in this respect, be responsible for—

(a) the efficient management of the human, physical, and financial resources of the University College;

(b) making proposals to the Council and the Academic Board on policies that have application across the entire institution;

(c) the coordination of the University College strategic and development plans; and

(d) any other matters related to the management of the University College.

Alumni association.
15. (1) There shall be an alumni association of the University College which shall consist of graduates of the University College and such other persons as may be prescribed by the statutes.

(2) The alumni association shall have the right to meet and discuss any matter relating to the University College and transmit resolutions thereon to the Council, the Academic Board, or the Senate, and may exercise such other functions as the statutes may prescribe.

Staff of the University College.
16. (1) The staff of the Muranga Institute of Technology, existing prior to the commencement of this Order including those on secondment are eligible for employment by the University College subject to appraisal by the Council in accordance with the statutes.

(2) The academic staff of the University College shall consist of the Principal, the Deputy Principals, the librarian and all members of staff who are engaged in teaching and research.

(3) The senior management staff of the University College shall consist of the Principal, the Deputy Principals, and the deans of schools and faculties and directors of institutes and such other members of staff as the Council may from time to time determine.

(4) The administrative staff of the University College shall consist of the registrars, the Finance Officer and such other members of staff, not being engaged in teaching or research, as the Council may, from time to time, determine.

(5) The technical staff of the University College shall consist of staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, and as the Council may from time to time determine.

(6) The support staff of the University College shall consist of those staff engaged in general duties and as the Council may from time to time determine.

(7) All members of staff of the University College shall, subject to this Order, be appointed either— 

(a) in the manner and upon the terms and conditions of service prescribed by the statutes; or

(b) in the case of a person seconded to the service of the University College from the service of another institution, the Government or any other public service, on terms and conditions agreed upon between the Council and the seconding body.

(8) The Council may, subject to such restrictions as it may impose, delegate, either generally or specially, to any person, committee, or body, the power to appoint any member of the staff of the University College.

(9) All members of staff of the University College shall—

(a) be subject to the general authority of the Council and of the Principal; and

(b) be considered to be employed in accordance with the statutes or as otherwise specifically provided by the statutes or by the terms of a particular appointment.

Performance of functions in absence of office holder.
17. (1) In the event of the incapacity of the Principal, the Council may appoint one of the Deputy Principals to carry out the functions of the Principal during the period of incapacity.

(2) In the event of the simultaneous incapacity of the Principal and the Deputy Principals, the Chancellor, after consultation with the Chairman of the Council, may appoint any member of the senior management staff of the University College to perform the functions of the Principal during the incapacity.

(3) In the event of the incapacity of a member of staff of the University College other than the Principal and Deputy Principals, the Principal may appoint a suitable person to perform the functions of the said officer during the incapacity.

(4)  In this paragraph ‘incapacity’ means absence from Kenya or inability, for any other reason, to perform the functions of the office concerned.

PART IV—FINANCIAL PROVISIONS

Financial year.
18. The financial year of the University College shall be the period of twelve months commencing on the 1st July and ending on 30th June in the following year.

Investment of funds.
19. (1) The Council may invest any of the funds of the University College in securities, treasury bonds, trust funds or in any other securities which the Treasury may, from time to time, approve.

(2) The Council may place on deposit with such banks as it may determine any moneys not immediately required for the purposes of the University College.
    
Annual estimates.
20. (1) Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University College for that year.

(2) The annual estimates shall make provisions for all the estimated expenditure of the University College for the financial year concerned, and in particular shall provide—

(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University College;

(b) for the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University College;

(c) for the proper maintenance of the buildings and grounds of the University College;

(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University College;

(e) for the funding of the cost of teaching, research and outreach activities of the University College;

(f) for development; and

(g) for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit. 

(3) In drawing its annual estimates and development plans, the University College shall consult with the University and the Government agency responsible for university grants.

(4) Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the Minister for approval, and after the Minister has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Minister.

(5) Expenditure shall not be incurred for the purpose of the University College except in accordance with the annual estimates approved under subparagraph (4) or in accordance with an authorization of the Council given with the prior approval of the Minister.

Accounts and audit.
21. (1) The Council shall cause to be kept all proper books of accounts of the income, expenditure and assets and of the University College.

(2) Within a period of three months from the end of each financial year, the Council shall submit to the Auditor-General, the accounts of the University College together with—

(a) a statement of income and expenditure during that year; and

(b) a statement of the assets and liabilities of the University College on the last day of that year.

(3) The accounts of the University College shall be audited by the Auditor General in accordance with the Public Audit Act, No. 12 of 2003.

(4) The Auditor-General may transmit to the Minister a special report on any matters  incidental to his powers under this Order, and section 24 (3) and (4) of the Public Audit Act, No. 12 of 2003 shall apply to any report made under this paragraph.
    
PART V—MISCELLANEOUS    
    
Common seal and signification of documents.
22. (1) The common seal of the University College shall be kept in such custody and used only as the Council shall direct.

(2) The common seal of the University College shall be authenticated by the signatures of the Principal together with any other person duly authorized by the Council.

(3) The common seal of the University College when affixed to any document and duly authenticated shall be judicially and officially noticed, and, unless and until the contrary is proved, any order or authorization of the Council under this paragraph shall be presumed to have been duly given.
    
Statutes.
23. (1) In the performance of its functions under this Order, the Council shall, subject to this Order, make statutes generally for the government, control and administration of the University College and for the better carrying into effect of the purposes of this Order, and in particular for the—

(a) establishment of faculties, schools, and institutes of the University College;

(b) description of degrees, diplomas, certificates, and other academic qualifications;

(c) requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications;

(d) conduct of examinations;

(e) prescribing of fees and other charges;

(f) setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of the staff of the University College;

(g) constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and

(h) providing for or prescribing anything, which, under this Order, may be provided for or prescribed by statutes.

(2) Notwithstanding subparagraph (1), the Council shall not make, amend or revoke any statute relating to the functions and privileges of the Principal or Academic Board without first ascertaining the opinion of the Academic Board.

(3) Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourths of the members present and voting, being not less than two-thirds of the total membership of the Council.

(4) Statutes or regulations made by the Council under this Order shall not be published in the Gazette but sections 27, 31(e) and 34 of the Interpretation and General Provisions Act (Cap. 2) shall not apply to the statutes or to the regulation

Protection of name.
24. (1) Despite the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the words “Murang’a” together with either or both the words “University” or “College” unless the application for the registration is accompanied by the written consent of the Council.

(2) Any person who except with the written consent of the Council, uses the words “Murang’a” together with either or both the words “University” or “College” in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding twelve months or to both:

Provided that nothing in this paragraph shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of a degree, diploma or certificate by the University College.
    
Conversion into a fully fledged university.
25. The status accorded to the University College by this Order as a constituent college of the University shall be transitional only and the University shall initiate the necessary administrative and legal measures to ensure that the University College becomes a fully fledged university.

Made on the 5th September, 2011.

MWAI KIBAKI,
President

127-Trustees (Perpetual Succession)(Amendment) Regulations, 2011

127-Trustees (Perpetual Succession)(Amendment) Regulations, 2011

16th September, 2011

LEGAL NOTICE No. 127

THE TRUSTEES (PERPETUAL SUCCESSION) ACT
(Cap.164)

IN EXERCISE of the powers conferred by section 17 of the Trustees (Perpetual Succession) Act, the Minister for Lands makes the following Regulations:—

THE TRUSTEES (PERPETUAL SUCCESSION) (AMENDMENT) REGULATIONS, 2011

1. These Regulations may be cited as the Trustees (Perpetual Succession) (Amendment) Regulations, 2011.    

2. The Schedule to the Trustees (Perpetual Succession) Regulations, is amended by deleting Form C and substituting therefor the following new form—    Sub. Leg.

FORM C

APPLICATION FOR OFFICIAL SEARCH
APPLICATION FOR COPY

Affix adhesive revenue in payment of the fee here    For Official Use Only
                         No…………………………
_______________________________________________________________________
I/ we request you to supply certified copies of the following:
    
PARTICULARS OF THE APPLICANT/ADVOCATE:

Full Names ................................... Signature .....................................................   
Identity Card Number/ Passport ........................................................................  
Personal Identification Number ..........................................................................  
Postal Address ...................................................................................................  
Telephone Mobile ................... Landline ............................................................   
Purpose of Search .............................................................................................  
Owner of Property .............................................................................................  
Proposed Purchaser of property .......................................................................   
Advocate/Agent ...............................................................................................  

Adhesive revenue stamps at the rate of KSh. 520 per certified copy are pinned to this application to meet the stamp duty payable thereon.

Date ............................... 20 .................

FOR: OFFICIAL USE ONLY:

Search Application Number ....................................................................   
Booking Officer ........................ Time ...................................................

The above-mentioned copy/copies is/are forwarded herewith.
The above required cannot be met because

.............................................................................................................................

............................................................................................................................
    
DATE ............................... 20..........FOR: REGISTRAR
DISPATCH:
COLLECTED BY  

Name: .............................................................................................................   
Signature .......................................................................................................  
Identity Card Number .....................................................................................   
Date ...............................................................................................................   

Made on the 10th August, 2011.

JAMES ORENGO,
Minister for Lands.

128-Government Land (Forms)(Amendment) Rules, 2011

128-Government Land (Forms)(Amendment) Rules, 2011

16th September, 2011

LEGAL NOTICE No. 128

THE GOVERNMENT LANDS ACT
(Cap. 280)

IN EXERCISE of the powers conferred by section 148 (2) (c) of the Government Lands Act the Minister for Lands makes the following Rules:—

THE GOVERNMENT LANDS (FORMS) (AMENDMENT) RULES, 2011

1. These Rules may be cited as the Government Lands (Forms) (Amendment) Rules, 2011.    

2. The Government Lands (Forms) Rules, are amended by deleting Form J and substituting therefor the following new form—    L.N. 345/1960.
FORM J

APPLICATION FOR OFFICIAL SEARCH

APPLICATION FOR COPY

Affix adhesive revenue in payment of the fee here    For Official Use Only
                         No…………………………
_______________________________________________________________________
I/ we request you to supply certified copies of the following:
    
PARTICULARS OF THE APPLICANT/ADVOCATE:

Full Names .......................... Signature ....................................   
Identity Card Number/ Passport .............................................  
Personal Identification Number ..............................................  
Postal Address ..........................................................................  
Telephone Mobile .......................... Landline ...........................   
Purpose of Search ....................................................................  
Owner of Property ......................................................................  
Proposed Purchaser of property .........................................................  
Advocate/Agent ......................................................................................   

Adhesive revenue stamps at the rate of KSh. 520 per certified copy are pinned to this application to meet the stamp duty payable thereon.

Date ........................... 20...........

FOR: OFFICIAL USE ONLY:

Search Application Number ...........................................................................  
Booking Officer ................................. Time ..................................................

The above-mentioned copy/copies is/are forwarded herewith.

The above required cannot be met because
    
DATE ........................... 20..........FOR: REGISTRAR

DISPATCH:

COLLECTED BY  

Name: ................................................................................................................

Signature ...........................................................................................................   

Identity Card Number .........................................................................................  

Date ...................................................................................................................  

Made on the 10th August, 2011.

JAMES ORENGO,
Minister for Lands.

126-Registration Documents (Forms)(Amendment) Regulations, 2011

126-Registration Documents (Forms)(Amendment) Regulations, 2011

16th September, 2011

LEGAL NOTICE No. 126

THE REGISTRATION OF DOCUMENTS ACT
(Cap. 285)

IN EXERCISE of the powers conferred by section 40 of the Registration of Documents Act, the Minister for Lands makes the following Regulations:—

THE REGISTRATION OF DOCUMENTS (FORMS) (AMENDMENT) REGULATIONS, 2011

1. These Regulations may be cited as the Registration of Documents (Forms) (Amendment) Regulations, 2011.    

2. The Registration of Documents (Forms) Regulations, are amended by deleting Form C and substituting therefor the following new form—    L.N. 379/1960.

FORM C

APPLICATION FOR OFFICIAL SEARCH APPLICATION FOR COPY

Affix adhesive revenue in payment of the fee here    For Official Use Only
                                                                                   No…………………………
_______________________________________________________________________
I/ we request you to supply certified copies of the following:

.............................................................................................................................

.............................................................................................................................

............................................................................................................................
    
PARTICULARS OF THE APPLICANT/ADVOCATE:

Full Names .............................  Signature ..........................................   
Identity Card Number/ Passport .......................................................  
Personal Identification Number .........................................................  
Postal Address ..................................................................................  
Telephone Mobile ................... Landline ..............................................   
Purpose of Search ...............................................................................  
Owner of Property ..............................................................................   
Proposed Purchaser of property .........................................................  
Advocate/Agent ..................................................................................    

Adhesive revenue stamps at the rate of KSh. 520 per certified copy are pinned to this application to meet the stamp duty payable thereon.
Date ............................. 20.............

FOR: OFFICIAL USE ONLY:

Search Application Number ...........................................................................   
Booking Officer ............................... Time .....................................................  
The above-mentioned copy/copies is/are forwarded herewith.
The above required cannot be met because

.........................................................................................................................

........................................................................................................................
    
DATE ................................. 20..........FOR: REGISTRAR

DISPATCH:

COLLECTED BY  

Name: ...............................................................................................................    
Signature ..........................................................................................................  
Identity Card Number .......................................................................................   
Date .................................................................................................................  

Made on the 10th August, 2011.

JAMES ORENGO,
Minister for Lands.

125-Land Titles (Amendment) Rules, 2011

125-Land Titles (Amendment) Rules, 2011

16th September, 2011

LEGAL NOTICE No. 125

THE LAND TITLES ACT
(Cap. 282)

IN EXERCISE of the powers conferred by section 99 (e) of the Land Titles Act, the Minister for Lands makes the following Rules:—

THE LAND TITLES (AMENDMENT) RULES, 2011

1. These Rules may be cited as the Land Titles (Amendment) Rules, 2011.    

2. The Land Titles Rules are amended by deleting Form J and substituting therefor the following new form—    L.N. 375/1960.
FORM J

APPLICATION FOR OFFICIAL SEARCH

APPLICATION FOR COPY

Affix adhesive revenue in payment of the fee here    For Official Use Only

                                                                                    No……………………………
______________________________________________________________________
I/ we request you to supply certified copies of the following:

.............................................................................................................................................

...............................................................................................................................


    
PARTICULARS OF THE APPLICANT/ADVOCATE:

Full Names ....................... Signature ..............................................   

Identity Card Number/ Passport .....................................................

Personal Identification Number ......................................................

Postal Address  ................................................................................

Telephone Mobile ......................... Landline ....................................   

Purpose of Search ...............................................................................  

Owner of Property ...............................................................................

Proposed Purchaser of property ..........................................................

Advocate/Agent ....................................................................................

Adhesive revenue stamps at the rate of KSh. 520 per certified copy are pinned to this application to meet the stamp duty payable thereon.

Date ............................ 20 ............................

FOR: OFFICIAL USE ONLY:

Search Application Number ................................................................................   
Booking Officer ....................... Time ........................................................   
The above-mentioned copy/copies is/are forwarded herewith.
The above required cannot be met because

.............................................................................................................................

............................................................................................................................
    
DATE ................................ 20..........FOR: REGISTRAR

DISPATCH:

COLLECTED BY  

Name: .....................................................................................................   
Signature ...............................................................................................  
Identity Card Number ..............................................................................
Date .........................................................................................................   
Made on the 10th August, 2011.

JAMES ORENGO,
Minister for Lands.

124-Registration of Titles (Forms)(Amendment) Rules, 2011

124-Registration of Titles (Forms)(Amendment) Rules, 2011

16th September, 2011

LEGAL NOTICE No. 124

THE REGISTRATION OF TITLES ACT
(Cap. 281)

IN EXERCISE of the powers conferred by Section 86 of the Registration of Titles Act, the Minister for Lands makes the following Rules:—

THE REGISTRATION OF TITLES (FORMS) (AMENDMENT) RULES, 2011

1.    These rules may be cited as the Registration of Titles (Forms)  (Amendment) Rules, 2011.    

2.    The Second Schedule to the Registration of Titles (Forms) Rules, is amended by deleting Form Y and substituting therefor the following new form—    L.N. 380/1960.
FORM Y


APPLICATION FOR COPY

Affix adhesive revenue in payment of the fee here    For Official Use Only
                        No……………………………...
______________________________________________________________________
I/ we request you to supply certified copies of the following:
    
PARTICULARS OF THE APPLICANT/ADVOCATE:

Full Names    Signature    

Identity Card Number/ Passport    

Personal Identification Number    

Postal Address    

Telephone Mobile    Landline    

Purpose of Search    

Owner of Property    

Proposed Purchaser of property    

Advocate/Agent     

Adhesive revenue stamps at the rate of KSh. 520 per certified copy are pinned to this application to meet the stamp duty payable thereon.

Date    20……

FOR: OFFICIAL USE ONLY:

Search Application Number    

Booking Officer    Time    

The above-mentioned copy/copies is/are forwarded herewith.

The above required cannot be met because
    
DATE    20..........FOR: REGISTRAR
DISPATCH:
COLLECTED BY  

Name:     
Signature    
Identity Card Number    
Date    

Made on the 10th August, 2011.

JAMES ORENGO,
Minister for Lands.

123-Registered Land (Amendment) Rules, 2011

123-Registered Land (Amendment) Rules, 2011

16th September, 2011

LEGAL NOTICE NO. 123

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 160 of the Registered Land Act, the Minister for Lands makes the following Rules:—

THE REGISTERED LAND (AMENDMENT) RULES, 2011

1. These Rules may be cited as the Registered Land (Amendment) Rules, 2011.

2. The Third Schedule to the Registered Land Rules, are amended—

Sub. Leg.
(a) by deleting Form RL 26 and substituting therefor the following new form:
FORM RL 26

APPLICATION FOR OFFICIAL SEARCH

Title No.    
To:  The Land Registrar,
District Land Registry

PARTICULARS OF THE APPLICANT/ADVOCATE:

Full Names ...........................  Signature ...............................................   
Identity Card Number/Passport Number ..............................................    
Personal Identification Number ...........................................................   
Address..............................................................................................  
    
Telephone Mobile ........................    Landline  ................................... 
Purpose of Search ............................................................................. 
Owner of Property ............................................................................  
Proposed Purchaser of Property ..........................................................  
Advocate/Agent  ....................................................................................
 .................................................................................................................  
Please supply—

(a) particulars of the subsisting entries in the register of the above-mentioned title, or

(b) a certified copy of the register ............................................................
    
Signature of Applicant or his Advocate
FOR: OFFICIAL USE ONLY:-
Search Application Number ....................................................................... 
Booking Officer ..............................  Time ..................................................  

DISPATCH:

COLLECTED BY:

Name .................................................................................................  
Signature ..........................................................................................   
Identity Card Number ..........................................................................   
Date ......................................................................................................

2 (b) in Form RL 27 by deleting the words—

“The fees now payable are KSh. .........................; please detach the form below and affix to it adhesive revenue stamps for that amount and return it to me within seven days of todays date” and

“A stay of registration has been noted in the register” and substituting therefor the words “ The minimum fee is KSh. 500.

Made on the 10th August, 2011.

JAMES ORENGO,
Minister for Lands.

122-Registered Land (Application)(No. 22) Order, 2011

122-Registered Land (Application)(No. 22) Order, 2011

9th September, 2011

LEGAL NOTICE No. 122

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order—

THE REGISTERED LAND (APPLICATION) (NO. 22) ORDER, 2011

1.    This Order may be cited as the Registered Land (Application) (No. 22) Order, 2011. 

2.    The Act shall apply to the area of land specified in the Schedule.

SCHEDULE

Land Ref. No.    Area in Hectares    Situation
23893               1.2                          Nakuru District
23895               1.2                          Nakuru District
23896               1.2                          Nakuru District
23897               1.2                          Nakuru District
23899               1.2                          Nakuru District
23901               1.2                          Nakuru District
23902               1.2                          Nakuru District

Made on the 16th August, 2011.

JAMES ORENGO,
Minister for Lands.

121-The Registered Land (Application) (No. 21) Order, 2011

121-The Registered Land (Application) (No. 21) Order, 2011

9th SEPTEMBER, 2011

LEGAL NOTICE NO. 121

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order—

THE REGISTERED LAND (APPLICATION) (NO. 21) ORDER, 2011

1. This Order may be cited as the Registered Land (Application) (No. 21) Order, 2011. 

2. The Act shall apply to the area of land specified in the Schedule.

SCHEDULE

Land Ref. No.    Area in Hectares    Situation
2787/1275       0.0441                 Nanyuki Municipality

Made on the 16th August, 2011.

JAMES ORENGO,
Minister for Lands.

120-Registered Land Act (Application)(No 20) Order, 2011

120-Registered Land Act (Application)(No 20) Order, 2011

9TH September, 2011

Legal Notice No. 120

THE REGISTERED LAND ACT

(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order—

THE REGISTERED LAND (APPLICATION) (NO. 20) ORDER, 2011

1.  This Order may be cited as the Registered Land (Application) (No. 20) Order, 2011.

2.  The Act shall apply to the area of land specified in the Schedule.

SCHEDULE

Land Ref. No.

Area in Hectares

Situation

11788

70.0

West Nakuru Municipality

Made on the 16th August, 2011.

JAMES ORENGO,

Minister for Lands.

119-Registered Land (Application)(No 19), 2011

119-Registered Land (Application)(No 19), 2011

9th September, 2011

LEGAL NOTICE No. 119

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order—

THE REGISTERED LAND (APPLICATION) (NO. 19) ORDER, 2011

1.    This Order may be cited as the Registered Land (Application) (No. 19) Order, 2011.

2.    The Act shall apply to the area of land specified in the Schedule.
SCHEDULE

Land Ref. No.

Area in Hectares

Situation

8504/28

19.68

Nakuru District


Made on the 16th August, 2011.

JAMES ORENGO,
Minister for Lands.

118-Registered Land Act (Application)(No.18), 2011

118-Registered Land Act (Application)(No.18), 2011

9th September, 2011

LEGAL NOTICE No. 118

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order—

THE REGISTERED LAND (APPLICATION) (NO. 18) ORDER, 2011

1. This Order may be cited as the Registered Land (Application) (No. 18) Order, 2011. 

2. The Act shall apply to the area of land specified in the Schedule.

SCHEDULE

Land Ref. No.    Area in Hectares (Approx.)   Situation
12887              90.77                                 Uasin Gishu

Made on the 19th July, 2011.

JAMES ORENGO,
Minister for Lands.

117-Registered Land (Application)(No. 17) Order, 2011

117-Registered Land (Application)(No. 17) Order, 2011

9TH SEPTEMBER, 2011

LEGAL NOTICE NO. 117

THE REGISTERED LAND ACT
(Cap. 300)

IN EXERCISE of the powers conferred by section 2 (c) of the Registered Land Act, the Minister for Lands makes the following Order—

THE REGISTERED LAND (APPLICATION) (NO. 17) ORDER, 2011

1. This Order may be cited as the Registered Land (Application) (No. 17) Order, 2011. 

2. The Act shall apply to the area of land specified in the Schedule.

SCHEDULE

Land Ref. No.    Area in Ha.    Situation
8766                 16.41            North East Kericho
9694                 16.1              South West Nakuru Municipality

Made on the 16th August, 2011.

JAMES ORENGO,
Minister for Lands.

116-Moi University Act Garissa University College Order, 2011

116-Moi University Act Garissa University College Order, 2011

9th September, 2011

LEGAL NOTICE No. 116 

THE MOI UNIVERSITY ACT 
(Cap. 210A) 

IN EXERCISE of the powers conferred by section 5 of the Moi University Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, make the following Order:— 

THE GARISSA UNIVERSITY COLLEGE ORDER, 2011 

Citation. 
1. This Order may be cited as the Garissa University College Order, 2011. 
Interpretation. 

2. In this Order, unless the context otherwise requires— 

"Academic Board" means the academic board of the University College established under paragraph 13; 

"Alumni Association" means the alumni association of the University College established under paragraph 15; 

"Chancellor" means the Chancellor of the University appointed under section 9 of the Act; 

"Council" means the Council of the University College established under paragraph 11; 

"Deputy Principal" means the Deputy Principal appointed by the Council of University College under paragraph 9; 

"faculty" means a faculty of the University College established under the statutes; 

"financial year" means the financial year of the University College as determined under paragraph 18; 

"graduate" means a person upon whom a degree has been conferred in accordance with paragraph 5; 

"institute" means an institute of the University College established by the statutes; 

"lecturer" means a member of the staff of the University College who is, in terms of appointment. a professor, an associate professor, senior lecturer, lecturer, assistant lecturer, or tutorial assistant, or a person who holds any other teaching post which the Council has recognized as a post having academic status in the University College; 

"librarian" means the person appointed to be the librarian of the University College; 

"Management Board" means the Management Board of the University College established under paragraph 14; 

"Minister" means the minister for the time being in responsible for matters relating to higher education; 

"Permanent Secretary" means the Permanent Secretary in the Ministry responsible for matters relating to higher education; 

"Principal" means the principal of the University College appointed by the Council; 

"professor" means a full professor of the University College; 

"Registrar" means the Registrar appointed by the Council; 

"school" means a school of the University College established under the statutes; 

"Senate" means the Senate of the University established under section 14 of the Act; 

"Staff Association" means an association of the staff recognized by Council as being an association representative of the staff of the University College; 

"statutes" means statutes of the University College made by the Council under this order; 

"student" means a person registered by the University College for the purposes of obtaining a qualification of the University College or any other person who is determined by the Academic Board to be a student; 

"students' organization" means an association of the students recognized by the Council being an organization representative of the students of the University College; 

"University College" means the Garissa University College established under paragraph 3; 

"University" means Moi University established under section 3 of the Act; and 

"Vice-Chancellor" means the vice-Chancellor of the University appointed under section 10 of the Act. 

Establishment of the University College.
3. (1) There shall established a University College to be known as Garissa University College which shall be a constituent college of the Moi University. 

(2) The University College shall be a body corporate with perpetual succession and a common seal, and shall in its corporate name he capable of –

(a) suing and being sued; 

(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; 

(c) receiving, investing, borrowing and lending money; and 

(d) doing or performing any such other things or acts, including entering into such contracts as may be necessary or expedient, for the furtherance of the provisions of this Order which may lawfully be done by a body corporate. 

(3) The University College is the successor to the Garissa Teachers Training College. 

(4) All rights, liabilities and assets held by or by any body on behalf of the Garissa Teachers Training College existing at the commencement of this Order, shall be automatically and fully transferred to the University College. 

Functions and objects of the University College.
4. (1) the functions and objects of the University College shall be –
 
(a) to provide directly., or in collaboration with other institutions of, higher learning, facilities for university education (including technology, scientific and professional education), integration of teaching, research and effective application of knowledge and skills to the life, work and welfare of the citizens of Kenya; 

(b) to participate in the discovery, transmission and preservation and enhancement of knowledge and to stimulate the intellect participation of students in the economic, social, scientific, technological and cultural development of Kenya; 

(c) to provide and advance university education and training to appropriately qualified candidates leading to the conferment of degrees and award of diplomas and certificates and such other qualifications as the Council and the Senate shall from time to time determine and in so doing, contribute to the manpower needs; 

(d) to conduct examinations for such academic awards as may be provided in the statutes pertaining to the University College; 

(e) to examine and make proposals for new faculties, schools, institutes, departments, resource and research centres, degree courses and subjects of study; 

(f) to play a leading role in the development and expansion of, the opportunities for higher education and research in agriculture, forestry, mining, energy, water and environmental sciences on arid and semi-arid lands; 

(g) to contribute to industrial and technological development though innovations and technology transfer; 

(h) to develop as an institution of excellence in teaching, training, scholarship, entrepreneurship, innovations, research, consultancy and extension services with emphasis on dry land agriculture and farming systems and their impact and application within and outside Kenya; 

(i) to participate in commercial ventures and other activities to the benefit of the institution, the community and stakeholders; 

(j) to contribute to agriculture, industrial and technological development of Kenya in collaboration with industrial and other institutions through the transfer of appropriate technology; 

(k) to develop and provide educational, cultural, professional, technical and vocational services to the community and in particular foster corporate social responsible and the practical arts; 

(l) to provide programmes, products and services, in ways that reflect the principles of equity and social justice; 

(m) to facilitate student mobility between different programmes at different technical training institution, universities and industry; and 

(n) to foster the general welfare of all staff and students. 

(2) Admission to the University College for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Academic Board in accordance with this Order and the Act without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, colour, creed, physical ability or gender; and no barrier based on any such distinction shall be imposed upon any person as a condition for their becoming, or continuing to be a professor, lecturer, graduate or student of the University College, or for their holding any office therein, nor shall any preference be given to, or advantage withheld from any person on the grounds of any such distinction. 

Conferment of degrees, etc.
5. (1) The degrees and postgraduate diploma to be awarded by the University College shall be the degrees and postgraduate diploma conferred by Moi University. 

(2) Notwithstanding subparagraph (1), the University College shall have powers to grant diplomas, certificates, or other academic qualifications which may, for the time being, be authorized by the statutes of the University College. 

Award of scholarships, bursaries etc.
6. Subject to this Order, the University College may award scholarships, bursaries and prizes and make other awards which may be provided for by the statutes. 

Membership of the University College.
7. The members of the University College shall be— 

(a) the Chancellor; 

(b) the Vice-Chancellor; 

(c) the Principal; 

(d) the Deputy Principals; 

(e) the members of the Council; 

(f) the members of the Academic Board; 

(g) the professors of the University College; 

(h) the lecturers of the University College; 

(i) the Registrars; 

(j) the Librarian; 

(k) the Finance Officer; 

(l) the Dean of students; 

(m) the Director of ICT services; 

(n) the students of the University College; 

(o) the Alumni; and 

(p) such other members of staff of the University College or any other body formally admitted into association with the University College, as the Council may from time to time determine. 

The Principal.
8. (1) There shall be a Principal of the University College who shall be appointed by the Minister on the advice of the Council, and in consultation with the Chancellor. 

(2) The Principal shall be the chief executive of the University College and shall — 

(a) be the academic and administrative head of the University College; 

(b) have overall responsibility of the direction, organization, administration and programmes on the University College; and 

(c) have such powers and duties as may be provided by statues. 

(3) The Principal shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period shall be eligible for re-appointment for one further term. 

(4) Notwithstanding sub-paragraph (1), the Minister may appoint the first Principal in an acting capacity for a period of six months on the recommendation of the Council of the University and the person so appointed shall be deemed to be the Principal appointed under sub paragraph (1).
 
The Deputy Principal. 
9. (1) The Council shall, in consultation with the Chancellor appoint one or more Deputy Principals, who shall, under the general direction of the Principal exercise such powers and perform such duties as may be provided by the statutes. 

(2) A Deputy Principal shall hold office on such terms and for such period as may be provided by the statutes and upon expiration of that period shall be eligible for re-appointment for one further term. 

Deans, directors and chairmen of faculties, etc.
10. (1) The Council shall, after a competitive process, appoint for each faculty, school, institute, centre, or department, a dean, director, or a chairman who shall he the academic and administrative head of the school, institute, or centre, and shall, under the general direction of the Principal, have such powers and duties as may be provided by statutes. 

(2) A person appointed as dean, director and chairman shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period shall be eligible for re-appointment for one further term. 

The Council. 
11. (1) There shall be a Council of the University College which shall consist of - 

(a) the chairman and vice-chairman, both of whom shall be appointed by the Minister in consultation with the Chancellor; 

(b) the Vice-Chancellor; 

(c) the Principal; 

(d) the Deputy Principals; 

(e) the Permanent Secretary in the Ministry for the time being responsible for Higher Education; 

(f) the Permanent Secretary in the Ministry for the time being responsible for Finance; 

(g) one person nominated by the Academic Board from among its members; 

(h) one person nominated by the Senate from among its members; 

(i) one person appointed by the Minister to represent professional associations and industries; 

(j) one person appointed by the Minister to represent special interests; 

(k) one person nominated by the alumni association from among its members; 

(l) one person nominated by the non-academic staff to represent their interests; 
 
(m) a representative or the students organization; and 

(n) not more than two persons co opted by the Council. 

(2)The Principal shall he the secretary to the Council. 

(3) Subject to paragraph (4), a Member of the Council other than an ex-officio member, shall hold office for a term of three years, but shall be eligible for re-appointment for one further term.
 
(4)The office of a member of the Council shall become vacant - 

(a) if, not being an ex-officio member, he resigns his office by giving notice, in writing, to the Principal; or 

(b) the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the Functions of his office; or 

(c) upon his death. 

(5) Where the office of a member of the Council becomes vacant, the Principal shall forthwith notify the vacancy to the appropriate appointing authority. 

(6) The procedure, conduct and regulation of the affairs of the Council shall be determined by the Council. 

(7) The Council shall be expected to exercise prudent leadership, innovative enterprise, and good judgement in directing the University College and to act always in the best interest of the University College. 

Functions of the Council.
12. (1) Subject to this Order, the Council shall be the governing body of the University College through which the University College as a body corporate shall act and 

(a) shall administer the property and funds of the University College in a manner and for purposes which shall promote the interest of the University College; but the Council shall not charge or dispose off immovable property of the University College except in accordance with the procedures laid down by the Government of Kenya; 

(b) shall receive, on behalf of the University College donations, endowments, gifts, grants or other moneys and to make disbursements therefrom to the University College or other bodies or persons; 

(c) shall approve the appointment criteria and the terms and conditions of service for the staff; 

(d) shall provide for the welfare of the staff and students or the University College; 

(e) may enter into association with other universities, university colleges or other institution or learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate; and 

(f) may, after consultation with the Academic Board, make regulations governing the conduct and discipline of the students of the University College. 

(2) All documents, other than those required by law to be under seal, made on behalf of the Council, and all decisions of the Council may be signified under the hand of the Chairman, the Principal or any other members of the Council generally or specifically authorized by the Council in that behalf. 

(3) The Council shall ensure that a proper management structure is in place and to make sure that the structure functions to maintain corporate integrity, reputation and responsibility are in place. 

(4) The Council shall monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University College. 

(5) The Council shall constantly review the viability and financial sustainability of the University College and shall do so once every year. 

(6) The Council shall ensure that the University College complies with all the relevant laws, regulations, governance practices, accounting and auditing standards. 

The Academic Board.
13. (1) There shall he an Academic Board of the University College which shall consist of -

(a) the Principal, who shall be the chairman; 

(b) the Deputy Principals; 

(c) the Registrar in charge of academics affairs; 

(d) the deans of the faculties and directors of schools, institutes and centres; 

(e) the heads of the teaching departments of the University College; 

(f) the librarian; 

(g) the Dean of students; 

(h) the Director of ICT services; 

(i) one representative of each of the faculty or school boards appointed by the respective boards from among its members; and 

(j) two members elected by the students' organization of the University College; except that the members of the student's organisation shall not be entitled to attend deliberations of the Academic Board on matters which are considered by the chairman of the Academic Board to he confidential and which relate to examinations, the general discipline of students, and other related matters. 

(2)The Deputy Principal for the time being in charge of academics shall be the secretary to the Academic Board. 

(3)The Academic Board shall have the following powers and duties— 

(a) to satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University College and to report its findings thereon to the Senate; 

(b) to propose regulations for consideration by the Senate regarding the eligibility of persons for admission to a course of study; 

(c) to propose regulations for consideration by the Senate regarding the standard of proficiency to be gained in each examination, for a degree, diploma, certificate or other award of the university; 

(d) to decide which persons have attained the prescribed standard of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other award of the university and to report their decision to the Senate; and 

(e) to make regulations governing such other matters as are within its powers in accordance with this Order or the statutes. 

(3) Notwithstanding any of the provision of this Order, the Senate shall not initiate any action in respect of paragraph (a), (b) (c) or (e) of subparagraph (2) except upon receipt of a report or proposal there under and the Senate shall not reject any such report, or reject or amend any regulations as proposed without further reference to the Academic Board. 

Management Board.
14. (1) There shall be established a Management Board which shall consist of-

(a) the Principal, who shall he the chairman; 

(b) the Deputy Principals; 

(c) the Registrar in charge of administration, who shall be the secretary; 

(d) the Finance Officer; and 

(e) such other member of the senior management as the Council may determine. 

(2) The functions of the Management Board shall include assisting the principal in the day to day management of the University College and shall, in this respect, be responsible for— 

(a) the efficient management of the human, physical and financial resources of the University College;

(b) making proposals to the Council and the Academic Board On policies that have implications across the entire institution; 

(c) the coordination of the University College strategic and development plans; and 

(d) any other matter related to the management of the University College. 

Alumni Association.
15. (1) There shall be an Alumni Association of the University College which shall consist of graduates of the University College and Alumni Association. 

(2) The Alumni Association shall have the right to meet and discuss any matter relating to the University College and transmit resolutions thereon to the Council, the Academic Board, and the Senate, and may exercise such other functions as the statutes may prescribe. 

Staff of the University College.
16. (1) The staff of the Garissa Teachers Training College existing prior to the commencement of this Order including those on secondment are eligible for employment by the University College subject to appraisal by the Council in accordance with the statutes. 

(2) The academic staff of the University College shall consist of the Principal, the Deputy Principals, the librarian and all members of staff who are engaged in teaching and research. 

(3) The senior management staff of the University College shall consist of the Principal, the Deputy Principals, and the deans of schools and directors of institutes and such other members of staff as the Council may from time to time determine. 

(4) The administrative staff of the University College shall consist of the registrars, the finance officer and such other members of staff, not being engaged in teaching or research, as the Council may, from time to time, determine. 

(5) The technical staff of the University College shall consist of those staff engaged in laboratory and field instruction in the teaching departments under the general direction of the heads of the teaching departments, and as the Council may from time to time determine. 

(6) The support staff of the University College shall consist of those staff engaged in general duties and as the Council may from time to time determine. 

(7) All members of staff of the University College shall, subject to this Order, be appointed either-

(a) in the manner and upon the tams and conditions of service prescribed by the statutes; or 

(b) in the of a person seconded to the service of the  University College from the service of another institution, the Government or any other public service, on terms and conditions agreed upon between the Council and the seconding body.
 
(8) The Council may, subject to such restrictions as it may impose, delegate, either generally or specially, to any person, committee, or body, the power to appoint any member of the staff of the University College. 

(9) All members of stall of the University College shall - 

(a) be subject to the general authority of the Council and of the Principal; and 

(b) be deemed to he employed in accordance with the statutes or as otherwise specifically provided by the statutes or by the terms of a particular appointment. 

Performance of functions in absence of office holder.
17. (1) In the event of the incapacity of the Principal, the Council may appoint one of the Deputy Principals to carry out the functions of the Principal during the period of incapacity. 

(2) In the event of the simultaneous incapacity of the Principal and the Deputy Principals, the Chancellor may, upon consultation with the chairman or the Council, appoint any member of the academic staff of the University College to perform the functions of the Principal during the incapacity. 

(3) In the event of the incapacity of a member of staff of the University College other than the Principal and Deputy Principals, the Principal may appoint a suitable person to perform the functions of the said officer during the incapacity. 

Financial year.
18. The financial year of the University College shall be the period of twelve months commencing on the 1st July and ending on 30th June in the following year. 

Investment of funds.
19. (1) The Council may invest any of the funds of the University College in securities, treasury bonds, trust funds or in any other securities which the Treasury may, from time to time, approve for the purpose. 

(2) The Council may place on deposit with such banks as it may determine any moneys not immediately required for the purposes of the University College 

Annual estimates.
20. (1) Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University College for that year. 

(2) The annual estimates shall make provisions for all the estimated expenditure of the University College for the financial year concerned, and in particular shall provide - 

(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University College; 

(b) for the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University College; 

(c) for the proper maintenance of the buildings and grounds of the University College; 

(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University College; 

(e) for the funding of the cost of teaching, research and outreach activities of the University College; 

(f) for development; and 

(g) for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit. 

(3) In drawing its annual estimates and development plans, the University College shall consult with the Government agency responsible for university grants. 

(4) Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the Minister for approval, and after the Minister has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Minister. 
(5) No expenditure shall be incurred for the purpose of The University College except in accordance with the annual estimates approved under subparagraph (4) or in pursuance of an authorization of the Council given with the prior approval of the Minister. 
Accounts and audit.
21. (1) The Council shall cause to be kept all proper books of accounts of the income, expenditure and assets and of the University College. 
(2) Within a period of three months from the end of each financial year, the Council shall submit to the Controller and Auditor-General, the accounts of the University College together with — 
(a) a statement of income and expenditure during that year; and 
(b) a statement of the assets and liabilities of the University College on the last day of that year. 
(3) The accounts of the University College shall be audited by the Controller and Auditor General in accordance with the Public Audit Act, 2003 (No 12 of 2003).
 
(4) The Controller and Auditor-General may transmit to the Minister a special report on any matters incidental to his powers under this Order, and sub-sections (3) and (4) of section 24 of the Public Audit Act, 2003, shall mutatis mutandis apply to any report made under this paragraph. 
Common seal and signification of documents.
22. (1) The common seal of the University College shall he kept in such custody and used only as the Council shall direct. 
(2) The common seal of the University College shall be authenticated by signatures of the Principal together with any other person duly authorized by the Council.
(3) The common seal of the University College when affixed to any document and duly authenticated shall be judicially and officially noticed, and unless and until the contrary is proved, any order or authorization of the Council under this paragraph shall be presumed to have been duly given.
    
Statutes.
23. (1) In the performance of its functions under this Order, the Council shall, make statutes generally for the government, control and administration of the University College and for the better carrying into effect of the purposes of this Order, and in particular for the—
(a) establishment of faculties, schools, and institutes of the University College;
(b) description of degrees, diplomas, certificates, and other academic qualifications;
(c) requirement for award of degrees, diplomas, certificates and other academic qualifications;
(d) conduct of examinations;
(e) prescribing fees and other charges;
(f) setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of the staff of the University College;
(g) constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; 
(h) providing for or prescribing anything, which, under this Order, may he provided for or prescribed by statutes; 
(2) Notwithstanding subparagraph (1), the Council shall not make, amend or revoke any statutes relating to the functions and privileges of the Principal or Academic Board without first ascertaining the opinion of the Academic Board. 
(3) Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourths of the members present and voting, being not less than two-thirds of the total membership of the Council. 
(4) Statutes or regulations made by the Council under this Order shall be published in the Gazette but sections 27, 31(e) and 34 of the Interpretation and General Provisions Act (Cap 2) shall not apply to the statutes or to the regulations. 
Protection of name.
24. (1) Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the word “Garissa” together with either or all the words “university”,  “college” unless the application for the registration is accompanied by the written consent of the Council.
(2) Any person who except with the written consent of the Council, uses the word “Garissa” together with either or all the words “university”, “college” together with the word “Garissa” in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, shall be guilty of an offence and liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding twelve months or both to such fine and imprisonment:
(3) Provided that nothing in this paragraph shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of a degree, diploma or certificate by the University College.
Conversion into fully fledged University. 
25. The status accorded to the University College by this Order as a Constituent College of the Moi University shall he transitional only and the University shall initiate the necessary administrative and legal measures to ensure that the University College becomes a fully fledged University. 
Dated the 12th August, 2011. 
MWAI KIBAKI
President. 

115-Masinde Muliro University of Science and Technology Kibabii University College Order, 2011

115-Masinde Muliro University of Science and Technology Kibabii University College Order, 2011

9th September, 2011

LEGAL NOTICE: No. 115 

THE MASINDE MULIRO UNIVERSITY OF SCIENCE AND TECHNOLOGY ACT
(Cap. 210 F)

IN EXERCISE of the powers conferred by section 5 of the Masinde Muliro University of Science and Technology Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, make the following Order: -
 
KIBABII UNIVERSITY COLLEGE ORDER, 2011

PART I -PRELIMINARY

Citation 
1. This Order may be cited as the Kibabii University College Order, 2011.
 
Interpretation. 
2. In this Order, unless the context otherwise requires - 

"academic Board" means the Academic Board of the University College established under paragraph 13; 

"alumni association" means the alumni association of the University College established under paragraph 15; 

"Chancellor" means the Chancellor of the University; 

"Council" means the Council of the University College established under paragraph 11; 

"Deputy Principal" means the Deputy Principal appointed by the Council of the University College under paragraph 9; 

"faculty" means a faculty of the University College established under the statutes; 

"financial year" means the financial year of the University College as provided for under paragraph 18; 

"graduate" means a person upon whom a degree has been conferred in accordance with paragraph 5; 

"institute" means an institute of the University College established by the statutes; 

"lecturer" means a member of the staff of the University College who is, in terms of appointment, a professor, an associate professor, senior lecturer, lecturer, assistant lecturer, or tutorial assistant, or a person who holds any other teaching post which the Council has recognized as a post having academic status in the University College; 

"librarian" means the person appointed to be the librarian of the University College; 

"Management Board" means the Management Board of the University College established under paragraph 14; 

"Minister" means the Minister for the time being responsible for matters relating to higher education; 

"Permanent Secretary" means the Permanent Secretary for the time being responsible for matters relating to higher education; 

"principal" means the principal of the University College appointed under paragraph 8; 

"professor" means a full professor of the University College; 

"Registrar" means the registrar appointed by the Council of the University College; 

"school" means a school of the University College established under the statutes; 

"Senate" means the senate of the University; 

"staff association" means an association of the staff recognized by the Council as being an association representative of the staff of the University College; 

"statutes" means Statutes of the University College made by the Council under this Order; 

"student" means a person registered by the University College for the purposes of obtaining a qualification of the University College or any other person who is determined by the Academic Board to be a student; 

"students' organization" means an association of the students recognized by the Council being an organization representative of the students of the University College; 

"University College" means the Kibabii University College established under paragraph 3; 

"University" means the Masinde Muliro University of Science and Technology established under section 3 of the Act; and 

"Vice-Chancellor" means the Vice-Chancellor of the University appointed under section 11 of the Act.

PART II-ESTABLISHMENT OF THE UNIVERSITY COLLEGE

Establishment of the university college. 
3. (1) There is established a university college to be known as the Kibabii University College which shall be a constituent college of the Masinde Muliro University of Science and Technology. 

(2) The University College shall be a body corporate with perpetual- succession and a common seal, and shall in its corporate name be capable of -

(a) suing and being sued; 

(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; 

(c) receiving, investing, borrowing and lending money; and 

(d) doing or performing any such other things or acts, including entering into such contracts as may be necessary or expedient, for the furtherance of the provision of this Order which may be done by a body corporate. 

(3) The University College shall be the successor to Kibabii Diploma Teachers College. 

(4) All rights, liabilities and assets held by or by any body on behalf of Kibabii Diploma Teachers College existing at the commencement of this Order, shall be automatically and fully transferred to the University College. 

Functions and objects of University College.
4. (1) The objects and functions of the University College shall be -

(a) to provide directly, or in collaboration with other institutions of higher learning, facilities for university education (including technological, scientific and professional education), the integration of teaching, research and effective application of knowledge and skills to the life, work and welfare of the citizens of Kenya; 

(b) to participate in the research, transmission and preservation and enhancement of knowledge and to stimulate the intellect participation of students m the economic, social, cultural, scientific and technological development of Kenya; 

(c) to provide and advance university education and training to appropriately qualified candidates, leading to the conferment of degrees and award of diplomas and certificates and such other qualifications as the Council and the Senate shall from time to time determine and in so doing, contribute to manpower needs; 

(d) to conduct examinations for such academic awards as may be provided in the statutes pertaining to the University College; 

(e) to examine and make proposals for new faculties, schools, institutes, departments, resource and research centres, degree courses and subjects of study. 

(f) to play a leading role in the development and expansion of the opportunities for higher education and research; 

(g) to contribute to industrial and technological developments through innovations and technology transfer; 

(h) to develop as an institution of excellence in teaching, training, scholarship, entrepreneurship, innovation, research and consultancy services; 

(i) to participate in commercial ventures and other activities for the benefit of the institution, the community and stakeholders; 

(j) to contribute to agriculture, industrial and technological development of Kenya in collaboration with industrial and other institutions through the transfer of appropriate technology; 

(k) to develop and provide educational, cultural, professional, technical and vocational services to the community and in particular foster corporate social responsibility and the practical arts; 

(l) to provide programmes, products and services in ways that reflect the principles of equity and social justice; 

(m) to facilitate student mobility between different programmes at different training institutions, universities and industry; and 

(n) foster the general welfare of all staff and students. 

(2) Admission to the University College as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Academic Board in accordance with this Order and the Act without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, colour, creed, physical ability or gender; and no barrier based on any such distinction shall be imposed upon any person as a condition of their becoming, or continuing to be, a professor, lecturer, graduate or student of the University College, or of their holding any office therein, nor shall any preference be given to, or advantage withheld from any person on the grounds of any such distinction. 

Conferment of degrees, etc.
5. (1) The degrees and postgraduate diplomas to be awarded by the University College shall be the degrees and postgraduate diplomas conferred by the Masinde Muliro University of Science and Technology. 

(2) Despite subparagraph (1), the University College shall have powers to grant diplomas, certificates, or other academic qualifications which may, for the time being, be authorized by the Statutes of the University College. 

Award of scholarships, bursaries etc.
6. Subject to this Order, the University College may award scholarships, bursaries and prizes and make other awards which may be provided for by the Statutes. 

PART III -MEMBERSHIP OF THE UNIVERSITY COLLEGE

Membership of the University College.
7. The members of the University College shall be - 

(a) the Chancellor of the University; 

(b) the Vice-Chancellor of the University; 

(c) the Principal; 

(d) the Deputy Principals; 

(e) the members of the Council; 

(f) the members of the Academic Board; 

(g) the librarian of the University College; 

(h) the professors of the University College; 

(l) the lecturers of the University College; 

(j) the Registrars; 

(k) the Finance Officer 

(l) the Dean of students 

(m) the Director of ICT services; 

(n) the students of the University College; 

(o) the Alumni association; and 

(p) such other members of staff of the University College or any other body formally admitted into association with the University College, as the Council may from time to time determine. 

The Principal. 
8. (1) There shall be a Principal of the University College who shall be appointed by the Minister on advice of the Council, and in consultation with the Chancellor. 

(2) The Principal shall be the chief executive of the University College and shall 

(a) be the academic and administrative head of the University College; 

(b) have overall responsibility of the direction, organization, administration and programmes of the University College; and 

(c) have such powers and duties as may be provided by the Statutes. 

(3)The Principal shall hold office upon such terms and for such period as may be provided by the Statutes and upon expiration of that period shall be eligible for re-appointment for one further term. 

The Deputy Principal. 
9. (1) The Council shall, in consultation with the Chancellor appoint one or more Deputy Principals, who shall, under the general direction of the Principal, exercise such powers and perform such duties as may be provided by the Statutes. 

(4) Despite sub-paragraph (1), the Minister may appoint the first Principal on acting capacity for a period of six months on the recommendation of the Council of the University and the person so appointed shall be considered to be the Principal appointed under sub-paragraph (1). 

(2) A Deputy Principal shall hold office upon such terms and for such period as may be provided by the Statutes and upon expiration of that period shall be eligible for re-appointment for one further term. 

Deans, directors and chairmen of faculties, etc.
10. (1) The Council shall, after a competitive process, appoint for each faculty, school, institute, centre, or a department, a dean, director, or a chairman who shall be the academic and administrative head of the faculty, school, institute, centre, or department and shall, under the general direction of the Principal, have such powers and duties as may be provided by Statutes. 

(2) A person appointed as dean, director or chairman shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period shall be eligible for re-appointment. 

The Council.
11. (1) There shall be a Council of the University College which shall consist of –
 
(a) the Chairman and Vice-Chairman, both of whom shall be appointed by the Minister in consultation with the Chancellor; 

(b) the Vice-Chancellor of the University; 

(c) the Principal; 

(d) the Deputy Principals; 

(e) one person appointed by the Academic Board; 

(f) the Permanent Secretary of the Ministry for the time being responsible for higher education; 

(g) the Permanent Secretary of the Ministry for the time being responsible for finance; 

(h) one person appointed by the Minister to represent professional associations; 

(i) one person appointed by the Minister to represent special interest; 

(j) one person appointed by the Minister to represent industry; 

(k) one person nominated by the Alumni Association from among its members; 

(l) two persons, one nominated by the academic staff and the other by the non-academic staff; 

(m) a representative of the student organisation; 

(n) not more than two persons co-opted by the Council. 

(2) The Principal shall be the secretary to the Council. 

(3) Subject to paragraph (4), a member of the Council, other than an ex officio member, shall hold office for a period of three years, but shall be eligible for re-appointment for a further term of three years. 

(4) The office of a member or the Council shall become vacant  

(a) if, not being an ex officio member, he resigns his office by giving a notice, in writing, to the Principal; 

(b) if the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the functions of his office; or 

(c) upon his death. 

(5) Where the office of a member of the Council becomes vacant, the Principal shall forthwith notify the vacancy to the appropriate appointing authority. 

(6) The procedure, conduct and regulation of the affairs of the Council shall be determined by the Council. 

(7) The Council shall exercise prudent leadership, innovative enterprise, and good judgement in directing the University College and shall always act in the best interest of the University College. 

Functions of the Council.
12. (1) Subject to this Order, the Council shall be the governing body of the University College through which the University College shall act and 

(a) shall administer the property and funds of the University College in a manner and for the purposes which shall promote the interest of the University College; but the Council shall not charge or dispose of immovable property of the University College except in accordance with the procedures laid down by the Government of Kenya; 

(b) shall receive, on behalf of the University College, donations, endowments, gifts, grants or other moneys and make disbursements therefrom to the University College or other bodies or persons; 

(c) shall provide for the welfare of the staff' and students of' the University College; 

(d) may enter into association with other universities, university colleges or other institutions of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate; and 

(e) may, after consultation with the Academic Board, make regulations governing the conduct and discipline of the students of the University College. 

(2) All documents, other than those required by law to be under seal, made on behalf of the Council, and all decisions of the Council may be signed under the hand of the Chairman, the Principal or any other members of' the Council generally or specifically authorized by the Council in that behalf'. 

(3) The Council shall ensure that a proper management structure is in place and that the structure functions to maintain corporate integrity, reputation and responsibility. 

(4)The Council shall monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University College. 

(5)The Council shall constantly review the viability and financial sustainability of the University College, and shall do so once every year. 

(6) The Council shall ensure that the University College complies with all the relevant laws, Regulations, governance practices, accounting and auditing standards.
 
The Academic Board.
13. (1) There shall be an Academic Board of the University College which shall consist of - 

(a) the Principal, who shall be the Chairman; 

(b) the Deputy Principals; 

(c) the Deans of the Schools, and Directors of Institutes and Centres; 

(d) the heads of the teaching departments of the University College; 

(e) the Librarian; 

(f) one representative of each of the School Academic Boards  appointed by the boards among its members; and 

(g) two members elected by the students' organization, who shall not be entitled to attend deliberations of the Academic Board on matters which are considered by the chairman of the Academic Board to be confidential and which relate to examinations, the general discipline of students, and other related matters. 

(2)The Deputy Principal for the time being in charge of academics shall be the secretary to the Academic Board. 

(3)The Academic Board shall have the following powers and duties - 

(a) to satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University College and to report its findings thereon to the Senate; 

(b) to propose Regulations for consideration by the Senate regarding the eligibility of persons for admission to a course of study; 

(c) to propose Regulations for consideration by the Senate regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificate or other award of the University College; 

(d) to decide which persons have attained the prescribed standard of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other award of the University College and to report is decision thereon to the Senate; and

(e) to make Regulations governing such other matters as are within its powers in accordance with this Order or the Statutes.

(4) Despite any of the provision of this Order, the Senate shall riot initiate any action in respect of paragraph (a), (b), (c) or (d) of subparagraph (3) except upon receipt of a report or proposal thereunder and the Senate shall not reject any such report, or reject or amend any regulations as proposed without further reference to the Academic Board. 

Management Board.
14. (1) There shall be established a Management Board of the University College, made up of the following persons - 

(a) the Principal, who shall be the Chairman; 

(b) the Deputy Principal for the time being in charge of finance and administration; 

(c) the Deputy Principals; 

(d) the Registrar in charge of administration, who shall be the secretary; 

(e) the Finance Officer; and 

(f) such other member of senior management as the Council may determine. 

(2) The Management Board shall assist the Principal in the day to day management of the University College and shall, in this respect, be responsible for- 

(a) the efficient management of the human, physical, and financial resources of the University College; 

(b) making proposals to the Council and the Academic Board on policies that have application across the entire institution; 

(c) the coordination of the University College strategic and development plans; and 

(d) any other matters related to the management of the University College. 

Alumni association 
15. (1) There shall be an alumni association of the University 
College which shall consist of graduates of the University College and such other persons as may be prescribed by the Statutes. 

(2) The alumni association shall have the right to meet and discuss any matter relating to the University College and transmit resolutions thereon to the Council, the Academic Board, or the Senate, and may exercise such other functions as the Statutes may prescribe. 

Staff of the University College.
16. (1) The staff of the Kibabii Diploma Teachers College existing prior to the commencement of this Order including those on secondment are eligible for employment by the University College subject to appraisal by the Council in accordance with the Statutes. 

(2) The academic staff of the University College shall consist of the Principal, the Deputy Principals, the Librarian and all members of staff who are engaged in teaching and research. 

(3) The senior management staff of the University College shall consist of the Principal, the Deputy Principals, and the Deans of Schools and Directors of institutes and such other members of staff as the Council may from time to time determine. 

(4) The administrative staff of the University College shall consist of the Registrars, the Finance Officer and such other members of staff, not being engaged in teaching or research, as the Council may, from time to time, determine. 

(5) The technical staff of the University College shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, and as the Council may from time to time determine. 

(6) The support staff of the University College shall consist of those staff engaged in general duties and as the Council may from time to time determine. 

(7) All members of staff of the University College shall, subject to this Order, be appointed either -

(a) in the manner and upon the terms and conditions of service prescribed by the Statutes; or 

(b) in the case of a person seconded to the service of the University College from the service of another institution, the Government or any other public service, on terms and conditions agreed upon between the Council and the seconding body. 

(8) The Council may, subject to such restrictions as it may impose, delegate, either generally or specially, to any person, committee, or body, the power to appoint any member of the staff of the University College. 

(9) All members of staff of the University College shall - 

(a) be subject to the general authority of the Council and of the Principal; and 

(b) be considered to be employed in accordance with the Statutes or as otherwise specifically provided by the Statutes or by the terms of a particular appointment. 

Performance of functions in absence of office holder. 
17. (1) In the event of the incapacity of the Principal, the Chairman of the Council may appoint one of the Deputy Principals to carry out the functions of the Principal during the period of incapacity. 

(2) In the event of the simultaneous incapacity of the Principal and the Deputy Principals, the Chairman of the Council may appoint any member of the academic staff of the University College to perform the functions of the Principal during the incapacity. 

(3) In the event of the incapacity of a member of staff of the University College other than the Principal and Deputy Principals, the Principal may appoint a suitable person to perform the functions of the said officer during the incapacity. 

(4) In this paragraph 'incapacity' means absence from Kenya or inability, for any other reason, to perform the functions of the office concerned. 

PART IV FINANCIAL PROVISIONS

Financial year.
18. The financial year of the University College shall be the period of twelve months commencing on the 1st July and ending on the 30th June in the following year. 

Investment of funds.
19.(1) The Council may invest any of the funds of the University College in securities, treasury bonds, trust funds or in any other securities which the Treasury may, from time to time, approve. 

(2) The Council may place on deposit with such banks as it may determine any moneys not immediately required for the purposes of the University College. 

Annual estimates.
20. (1) Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University College for that year. 

(2) The annual estimates shall make provisions for all the estimated expenditure of the University College for the financial year concerned, and in particular shall provide 

(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University College; 

(b) for the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University College; 

(c) for the proper maintenance of the buildings and grounds of the University College; 

(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University College; 

(e) for the funding of the cost of teaching, research and outreach activities of the University College; and 

(f) for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit. 

(3) In drawing its annual estimates and development plans, the University College shall consult with the Government agency responsible for university grants. 

(4) Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the Minister for approval, and after the Minister has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Minister. 

(5) Expenditure shall not he incurred for the purpose of the University College except in accordance with the annual estimates approved under subparagraph (4) or in accordance with an authorization of the Council given with the prior approval of the Minister. 

Accounts and audit.
21. (1) The Council shall cause to be kept all proper books of accounts of the income, expenditure and assets and of the University College. 

(2) Within a period of three months from the end of each financial year, the Council shall submit to the Controller and Auditor-General, the accounts of the University College together with - 

(a) a statement of income and expenditure during that year; and 

(b) a statement of the assets and liabilities of the University College on the last day of that year. 

(3) The accounts of the University College shall be audited by the Controller and Auditor General in accordance with the Public Audit Act (No 12 of 2003). 

(4) The Controller and Auditor-General may transmit to the Minister a special report on any matters incidental to his powers under this Order, and section 24

(3) and (4) of the Public Audit Act, 2003, shall apply to any report made under this paragraph. 

PART V -MISCELLANEOUS

Common seal and signification of documents.
22. (1) The common seal of the University College shall be kept in such custody and used only as the Council shall direct. 

(2)The common seal of the University College shall be authenticated by the signatures of the Principal together with any other person duly authorized by the Council. 

(3)The common seal of the University College when affixed to any document and duly authenticated shall be judicially and officially noticed, and, unless and until the contrary is proved, any order or authorization of the Council under this paragraph shall be presumed to have been duly given. 

Statutes.
23. (1) In the performance of its functions under this Order, the Council shall, subject to this Order, make Statutes generally for the government, control and administration of the University College and for the better carrying into effect of the purposes of this Order, and in  particular for the - 

(a) establishment of faculties, schools, and institutes of the University College; 

(b) description of degrees, diplomas, certificates, and other academic qualifications; 

(c) requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications; 

(d) conduct of examinations; 

(e) prescribing fees and other charges; 

(f) setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of the staff of the University College; 

(g) constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and 

(h) providing for or prescribing anything, which, under this Order, may be provided for or prescribed by Statutes. 

(2) Despite subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of the Principal or Academic Board without first ascertaining the opinion of the Academic Board. 

(3) Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourths of the members present and voting, being riot less than two-thirds of the total membership of the Council. 

(4) Statutes or Regulations made by the Council under this Order shall not be published in the Gazette and sections 27, 31 (e) and 34 of the Interpretation and General Provisions Act (Cap 2) shall not apply to the Statutes or to the regulations. 

Protection of name 
24. (1) Despite the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the words "Kibabii" together with words "University College" unless the application for the registration is accompanied by the written consent of the Council. 

2) Any person who except with the written consent of the Council, uses the word "Kibabii" together with the word "University College" in furtherance of or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall be liable to a tine not exceeding one million shillings or imprisonment for a term of twelve months, or both. 

Provided that nothing in this paragraph shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of a degree, diploma or certificate by the University College. 

Conversion into a fully fledged 
25. The status accorded to the University College by this Order as a constituent college of the Masinde Muliro University of Science and Technology shall be transitional only and the University shall initiate the necessary administrative and legal measures to ensure that the University College becomes a fully fledged University. 

Made on the 12th August, 2011. 

MWAI KIBAKI, 
President. 

114-Kenya Leather Development Council Order, 2011

114-Kenya Leather Development Council Order, 2011

9th September, 2011 

LEGAL NOTICE NO. 114 

THE STATE CORPORATIONS ACT 
(Cap. 446) 

IN EXERCISE of the powers conferred by section 3(1) of the State Corporations Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, make the following Order:— 

THE KENYA LEATHER DEVELOPMENT COUNCIL ORDER, 2011 

Citation. 
1. This Order may be cited as the Kenya Leather Development Council Order, 2011. 

Interpretation. 
2. In this Order, unless the context otherwise requires - 

"Board" means the Board of the Council established under paragraph 4; 

"Council" means the Kenya Leather Development Council established under paragraph 3; 

"Minister" means the Minister for the time being responsible for matters relating to livestock. 

Establishment of the Council. LN 65/2010. 
3. (1) There is established a state corporation to be known as the Kenya Leather Development Council, which shall be a body corporate in accordance with section 3 of the Act. 

(2)The Council shall be a successor to the body formerly known as the Leather Development Council established under the Hide, Skin and Leather Trade (Leather Development Council) Rules, 2010. 

(3)The headquarters of the Council shall be in Nairobi. 

Board of the Council. 
4. (1) There shall be a Board of the Council to perform the functions of the Council consisting of the following members-

(a) a chairperson appointed by the President; 

(b) the Permanent Secretary of the Ministry for the time being responsible for matters relating to livestock; 

(c) the Permanent Secretary of the Ministry for the time being responsible for matters relating to finance; 

(d) the chief executive officer of the Council appointed under paragraph 8; 

(e) seven members appointed by the Minister and who shall have an interest in the leather industry and other relevant qualification or experience. 

(2) A person shall not be qualified to be appointed a chairperson under paragraph (1) (a) unless that person 

(a) holds a university degree or its equivalent in a discipline related to leather industry from a university recognised in Kenya and has at least five years' experience in the leather industry; or 

(b) has at least ten years' experience in the leather industry where that person is not a holder of a university degree. 

(3) The chairperson and members appointed under subparagraph (1) (a) and

(e) respectively shall serve for a term of three years and are eligible for reappointment for a further term of three years. 

(4) The Chairperson and members of the Board appointed under subparagraph (1) (a) and (e) respectively shall cease to hold office if that person 

(a) resigns from office as such in writing addressed to the appointing authority; 

(b) is absent from three consecutive meetings of the Board without justifiable cause; 

(c) is adjudged bankrupt; 

(d) is incapacitated by prolonged physical or mental illness; 

(e) ceases to represent the interest in respect of which he was appointed to the Board; 

(f) is otherwise unable or unfit to discharge the functions of the office; 

(g) is convicted of a criminal offence for which the sentence is imprisonment for more than six months. 

Functions of the Council.
5. The Council shall in respect of the leather industry have the following functions— 

(a) to provide advisory services to the Minister on matters relating to processing of and trade in hides, skins, leather and leather goods for planning purposes; 

(b) to promote, direct, coordinate and harmonize all activities in the leather subsector; 

(c) to guide the implementation of the Board's policies and strategies; 

(d) to undertake research and development activities; 

(e) to oversee licensing in the leather subsector; 

(f) to collect, store, analyze and disseminate data on leather subsector; 

(g) to enhance inertial and external marketing strategies; and 

(h)to perform such other function as the Minister may consider necessary. 

Powers of the Board.
6. The Board shall have all powers necessary for the proper performance of the functions of the Council under this Order and, in particular but without prejudice to the generality of the foregoing, the Board shall have power to- 

(a) regulate the production and marketing of hides, skins, leather and leather goods; 

(b) impose restrictions on the quantity and quality of hides, skins, leather and leather goods; 

(c) raise such funds on such terms and for such purposes as may be approved by the Minister after consultation with the Minister for the time being responsible for matters relating to finance; 

(d) investigate and research into all matters relating to the leather subsector generally and in particular production, processing, value addition and marketing of hides, skins, leather and leather goods; 

(e) initiate, promote and enforce standards of compliance to ensure observance and compliance with local and international standards in liaison with relevant organizations or bodies. 

Meetings of the Board.
7. (1) The chairperson shall preside at all meetings of the Board, and when absent, the other members present at the meeting shall appoint one of their member to act as chairperson at that meeting. 

(2)The quorum for the Board meeting shall be two-thirds of the members. 

(3) The Board may co-opt for such period, as it may think fit not more than three persons, whose assistance or advice it may require, but persons so co-opted shall not be counted as members for the purpose of forming a quorum and shall not be entitled to vote at any meeting of the Board. 

(4) Every decision of the Board shall be by a simple majority of the members present and voting but the chairperson or the person appointed to be the chairperson under subparagraph (1), shall have a casting as well as a deliberative vote. 

(5) Subject to this Order, the Board may regulate its own proceedings. 

Chief Executive officer.
8. (1) There shall be a chief executive officer of the Council appointed by the Minister on the recommendation of the Board and who shall be the secretary to the Board. 

(2) The chief executive officer shall posses a university degree in a leather related field from a university recognised in Kenya and shall be well versed in the leather subsector. 

(3) The appointment of the chief Executive officer shall be for a five-year contract renewable only once for a period not exceeding five years. 

Appointment of staff. 
9. The Council shall appoint upon such terms and conditions as it deems proper such officers and employees as it considers necessary for the efficient operation of the Council. 

Remuneration. 
10. The Council shall pay such remuneration, fees, allowances and such other reimbursement to members of the Board as may be approved by the Treasury. 

Delegation of Powers. 
11. The Board may delegate any of its powers to any of its committees or to the chief executive officer. 

Execution of documents. 
12. (1) The seal of the Council shall be authenticated by the signature of the chairperson and the chief executive officer, or by either the Chairperson or the chief executive officer, together with one member other than an ex-officio member of the Board authorized in writing by the Council in that behalf. 

(2) Any document, other than a document which is required by any law to be under seal, and any decision of the Council, may be signified under the hand of the chairperson, or the chief executive officer or of any other member of the Board or any other person authorized in writing by the Board in that behalf. 

Funds of the Council. 
13. The funds and assets of the Council shall consist of -

(a) such monies or assets as may accrue to or vest in the Council, in the course of the exercise of its powers or the performance of its functions under this Order; 

(b) any moneys which may in any manner become payable to or vested in the Council in respect of any matter incidental to the carrying out of its functions; 

(c) such gifts as may be made to the Council; 

(d) such moneys as may be appropriated by Parliament for the purposes of the Council; and 

(e) all moneys from any other source provided, donated or lent to the Council. 

Financial year
14. The financial year of the Council shall be the period of twelve months ending on thirtieth day of June in each year. 

Annual estimates. 
15. (1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Council for that financial year. 

(2) The annual estimates shall make provision for all estimated expenditure of the Council for the financial year concerned, and in particular shall provide for — 

(a) the payment of the salaries, allowances and other charges in respect of the officers, members of staff or agents of the Council; 

(b) the payment of the pensions, gratuities and other charges in respect of the retirement benefits payable to the members of staff of the Council; 

(c) the proper maintenance of the buildings and 
grounds of the Council; 

(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Council; and 

(e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the Council may deem fit. 

(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be submitted to the Minister for approval. 

(4) No expenditure shall be incurred for the purposes of the Council except in accordance with the annual estimates approved under subparagraph (3), or in pursuance of an authorization of the Board given with prior written approval of the Minister, and the Permanent Secretary to the Treasury. 

16. (1) The Board shall cause to be kept proper books and other records of accounts of the income, expenditure, assets and liabilities of the Council. 

(2) Within a period of three months after the end of each financial year, the Board shall submit to the Controller and Auditor-General or to an auditor appointed under subparagraph (3), the accounts of the Council, in respect of that year, together with- 

(a) a statement of income and expenditure during that financial year; and 

(b) a statement of the assets and liabilities of the Council on the last day of that financial year. 

(3) The accounts of the Council shall be audited and reported upon in accordance with the provisions of the Public Audit Act, 2003. 

17. The Board may place on deposit with such bank or banks as the Treasury may approve from time to time, any moneys not immediately required for the purposes of the Council. 

18. (1) The Board shall, within three months after the end of each financial year, prepare and submit to the Minister, a report on the operations of the Council for the immediately preceding financial year. 

(2) The Minister shall lay the annual report before the National Assembly as soon as is practicable after the National Assembly next sits after the Minister has received the report. 

Revocation of LN. 65 of 2010. 
19. The Hide, Skin and Leather Trade (Leather Development Council) Rules, 2010 are revoked. 

Made on the 12th August, 2011. 

MWAI KIBAKI, 
President. 

113-Medical Laboratory (Equipment and Reagents Validation) Regulations, 2011

113-Medical Laboratory (Equipment and Reagents Validation) Regulations, 2011

5th September, 2011

Legal Notice No. 113

THE MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS ACT
(No. 10 of 1999)

IN EXERCISE of the powers conferred by section 25 of the Medical Laboratory Technicians and Technologists Act, 1999, the Medical Laboratory Technicians and Technologists Board makes the following Regulations:—

MEDICAL LABORATORY (EQUIPMENT AND REAGENTS VALIDATION) REGULATIONS, 2011

Citation.
1. These Regulations may be cited as the Medical Laboratory (Equipment and Reagents Validation) Regulations, 2011.

Interpretation.
2. In these Regulations, unless the context otherwise requires—

“equipment” means all machines, instruments, and apparatus and their accessories that are used in medical laboratory diagnosis including manual, semi-automated or fully automated medical analyzers for clinical chemistry, haematology, immunology, histology, bacteriology, parasitology, serology and related disciplines, incubators, refrigerators, water-baths, autoclave instrument, pH meter, balance, spectrophotometers, air sampler (viable, none-viable)and any other instruments that fall within this class;

“person” includes a company, association or other body of persons whether incorporated or unincorporated;

“reagents” means all chemicals either as simple strips or as finished kits,  solutions or powders that are used in medical laboratory diagnosis including discs for bacterial sensitivity testing;

“samples” means representative parts of equipment, devices and reagents that is submitted for validation;

“validation” means the process of authentication undertaken by Board or its appointed agents for the purposes of confirming the quality of medical laboratory reagents and equipment by performing tests to confirm the information provided by the manufacturers relating to their precision, linearity, specificity, sensitivity and accuracy in the description of the equipment, reagents and chemicals for use within medical laboratories in Kenya. 

Regulation of business.
3. (1) No laboratory technician or technologist engaged in private practice shall, whether solely, or through any business arrangement with other persons, stock,use,handle,distribute or procure the supply of any equipment or reagents for use within medical laboratories in Kenya unless the equipment or reagents have been validated in accordance with these Regulations. 

(2) No medical laboratory shall stock, use, handle, distribute or procure the supply of any equipment or reagents for use within medical laboratories in Kenya unless the equipment or reagents have been validated in accordance with these Regulations.

(3) No medical laboratory, laboratory technician or technologist engaged in private practice shall use donated equipment and reagents from donor agencies, partners and other stakeholders in the health service industry within their laboratories, unless the equipment or reagents have been validated in accordance with these Regulations.

(4) Nothing in these Regulations prohibits any vendors, suppliers, distributors, dealers and retailers engaged in bulk supply of laboratory reagents and equipment directly to medical laboratories in Kenya from sending samples for validation in accordance with these Regulations.

(5) A medical laboratory, laboratory technician or technologist engaged in private practice shall maintain a record, in their premises, of certificates of validation issued by the Board after the validation of any equipment and reagents used in their medical laboratories.

Application for validation.
4. (1) An application for validation shall be in Form A set out in the Schedule and shall be accompanied by a sample from every batch of reagents or equipment.

(2) In addition to the information required in Form A, an applicant shall, on request, furnish such additional information and samples as may be required by the Board for the validation of the equipment and reagents in respect of which the application is made.

Fees.
5. An application for validation shall be accompanied by such fees as may be prescribed by the Board from time to time.

Issue of certificate of validation.
6. (1) The Board shall consider the applications made under rule 4 and carry out the necessary validation processes, and if satisfied of the safety, efficacy, quality and environmental aspects of the equipments or reagents, it shall issue a certificate of validation in Form B set out in the Schedule and submit a report on any adverse effects associated with the use or disposal of equipment and reagents in accordance with the Environmental Management and Co-ordination Act, 1999, No. 8 of 1999.

(2) The Board shall keep a record of all the applications made for validation and all the batches of equipment and reagents that it has validated.

(3) Where the Board has requested for additional information or is querying the information provided by an applicant, the processing of the application shall be suspended until the information is provided or query responded to and the application will stand rejected if the additional information is not provided or the queries are not responded to after three months.  

(4) The Board shall while undertaking the necessary validation processes on the equipment and reagents  under paragraph (1), verify the specifications supplied by the applicant, and validate the reagents and equipment in respect of any the following particulars—

(a) the name under which the equipment or reagents may be sold;

(b) the labeling;

(c) the statement of the representations to be made for the promotion of the equipment and reagents in respect of— 

(i) package, size, weight ,dimensions and volume;

(ii) technical information including specification, methods, formulation or composition and standard operating procedures (SOP);

(iii) concentration, potency, avidity, confluence or constitution;

(iv) wavelength, resolution, linearity, voltage requirements, workload capacity and environmental stability;

(v) storage requirements, expiry date, environmental complicity; and

(vi) batch numbers or bar codes.

(5) If the Board is not satisfied of the safety, efficacy, quality or economic value of the equipment or reagents, it may, after providing an opportunity to the applicant to be heard, reject the application for the validation of the equipment and reagents and inform the applicant the reasons for rejection, in writing.

Duration, etc of Certificate of Validation.
7. (1) A certificate of validation issued under these Rules shall, unless earlier suspended or revoked, remain valid for every batch of reagents in relation to which it was issued or for the duration of the technological relevance of the equipment in relation to which it was issued.

(2) Where an original validation certificate is defaced, damaged or lost the Board, may, upon payment of such fees as it may determine, issue a duplicate copy of the certificate that bears the words “DUPLICATE COPY”.

Suspension or revocation of the certificate of validation.
8. (1) The Board may suspend or revoke a certificate of validation issued under these Regulations, or amend the conditions of such validation for such a period as it may determine.

(2) The Registrar may upon giving a thirty days notice and reasons, in writing revoke a certificate of validation.

(3) The power conferred by paragraph (1) shall not be exercised in respect of any certificate of validation except in one or more of the following grounds—

(a) the matters stated in the application on which the certificate of validation was granted was false or incomplete in a material particular (sample particulars);

(b) a provision of the certificate of validation has to a material extent (sample extent) been contravened by the holder of the certificate; 

(c) the premises on which or on part of which the equipment or reagents are manufactured, assembled or stored by or on behalf of the holder of the certificate of validation are unsuitable for the manufacturer, assembling or storage of the equipment or reagent; or

(d) new information has been discovered by the Board which renders the equipment or reagents unsafe, dangerous or scientifically and technologically obsolete.

Appeals.
9. (1) A person aggrieved by a decision of the Board in relation to any application for validation of medical equipment or reagents may appeal, in writing to the Board, and pay the prescribed fee. 

(2) The Board may after considering an appeal, allow or dismiss the appeal and give reasons for any  rejection, in writing.

Conditions of validation of reagents or equipment.
10.  (1) The Board shall before registering any  reagent or equipment for which the research has been conducted in another country, whose efficacy, safety and quality, has been established in that country, require an investigation, on any aspect of the reagent or equipment which are necessary to establish its quality and where applicable the standard component  viability and its environmental safety and efficacy to be established under local conditions to be conducted and any modification of the equipment or reagent after validation shall require the  approval of the Board. 

(2) Notwithstanding paragraph (1) the Board may validate a new reagent or equipment and require the investigation and chemical trials specified in rule (1) to be conducted after validation.

Inspection of premises.
11. The Board may, before issuing a certificate of validation under these Regulations, cause the premises in which the manufacturing of the equipment or reagent is being conducted, to be inspected by inspectors appointed for that purpose, and the inspectors shall have powers to enter the premises and inspect the plant and the process of manufacture employed in the manufacturing and submit a report to the Board.  

Penalties for violating regulations.
12.  A person who contravenes any of the provisions of these Regulations commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both. 

Duty to ensure compliance with Regulations.
13. (1) It is the duty of the proprietor of a medical laboratory in which equipment and reagents are procured for diagnostic purposes to take all reasonable steps to ensure that validation is undertaken in order to comply with regulation 3. 

(2) It is also the duty of each of following persons to take reasonable steps to ensure that validation is undertaken in order to comply with regulation 3 — 

(a) the Laboratory Manager;

(b) laboratory Quality Assurance Officer;

(c) the laboratory in-charge; and

(d) any other person who is responsible for the management a medical laboratory. 

(3) All medical laboratories shall use validated equipment and reagents.

SCHEDULE

Form A    

(r.4 (1))

THE MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS ACT
(No.10 of 1999)

APPLICATION FOR VALIDATION OF EQUIPMENT[S] AND REAGENT[S]

PART 1

(To be completed by the applicant in triplicate)

The Registrar,
Kenya Medical Laboratory Technicians and Technologists Board,
P.O.Box 20889-00202
Nairobi.

1. Name of Applicant …………………………………........…........…………………
Business address (Attach a detailed bio-data of company)……………
Telephone contacts …………………………………………...……..…………………….

2. Name of Equipment/ Reagent (State whether for private or commercial use…………………………………………………...................
…………………………………………………………………………………...................
Type of formulation to be validated …………………..………………………..
Presentation of the Equipment/Reagent ………....………………………..

3. Identification (physical appearance of the equipment/reagent)….
...............................................................................................................................................
............................................................................................................................................... 

4. Equipment/Reagent classification............................................. 

5. (a) Name and business address of manufacturer....................... 
    (b) Country of origin............................................................... 

6. Registration Number of the product in country of origin and all other countries where it is marketed........................................ 

7. Is the product authorized to be on the market in the country of origin? If yes, attach a legal certificate of free sale from the registering Authority. If no, state the reasons below:......................................................................................

Part IV

10. Specifications for all the active and non-active raw materials used in the manufacturing process are as follows— 

Part V

11. Analytical control procedures which are performed on all active and non-active materials before they are used in the manufacturing process are as follows— 

Part VI

12. Analytic control procedures and the frequency with which they are performed during the manufacturing process are as follows— 

Part VII

13. Full specifications of final manufactured product are as follows— 

Part VIII

14. The analytic control procedures which are performed on the final manufactured product are as follows— 

Part IX

15. The inferred shelf-life of the product is as follows— 

Part X

16. A summary of the method of manufacture and packaging— 

Part XI

17. Summary of the experiments and results performed on the reagent/equipment to confirm its potency/validity— 

Part XII

18. Particulars of clinical tests conducted with reference to the potency/validity  of the use of the reagent/equipment with a summary of the nature of the tests, by whom conducted and where, results etc., and with special reference to comparative of controlled clinical tests, double blind tests etc.— 

The undersigned declares that all the information contained herein is correct to the best of his knowledge and belief. 
................................................      ..................................................               Date of application                          Signature of applicant Note: 

1. A separate application is required for each equipment or reagent. 

2. Application fees are not refundable.

Applicant to Note:

This application form must returned to the Kenya Medical Laboratory Technicians and Technologists Board within a period not exceeding three months from the date of issue. Applications which are not returned within the stipulated period shall be time barred.

Form B

THE MEDICAL LABORATORY TECHNICIANS AND TECHNOLOGISTS ACT
(No.10 of 1999)

CERTIFICATE OF VALIDATION FOR REAGENTS AND EQUIPMENT

It is hereby certified that the equipment and/or reagent as described hereunder has been validated subject to the conditions indicated— 

1. Approved name..................................................... 

2. Trade name under which marketed................................... 

3. Validation No. ....................................................... 

4. Active ingredients and quantities per unit............................ 

5. Method experiment to estimate inaccuracy /bias………………….

6. Detection limit experiment and estimation of reference and or reportable range….....

7. Replication and interference experiment…………....………………

8. Form of preparations...................................................... 

9.    Condition under which equipment and/or reagent is validated………

10. Name and business address of the vendor, supplier or distributor as appropriate........…………………………………………………...................…...

11.    Registered Business name and address..............................

12.    Date of validation...........................................................

13.    Expiry date of validation..................................................................... 

Made on the 22nd August, 2011.

ABEL ONYANGO,
Chairman,
Kenya Medical Laboratory Technicians
and Technologists Board.

112-Merchant Shipping Act (Maritime Service Providers) Regulations, 2011

112-Merchant Shipping Act (Maritime Service Providers) Regulations, 2011

5th September, 2011

Legal Notice No. 112

THE MERCHANT SHIPPING ACT
(No. 4 of 2009)

IN EXERCISE of the powers conferred by section 8 of the Merchant Shipping Act, 2009, the Minister for Transport makes the following Regulations:—

THE MERCHANT SHIPPING (MARITIME SERVICE PROVIDERS) REGULATIONS, 2011

PART I—PRELIMINARY

Citation. 
1. These Regulations may be cited as the Merchant Shipping (Maritime Service Providers) Regulations, 2011.

Application.
2. (1) These Regulations shall apply to—

(a) the maritime service providers specified in the First Schedule whilst performing any of the services set out in that Schedule; and

(b) such other maritime service providers as the Minister may gazette under section 2 of the Act.

(2) A licence granted to a clearing and forwarding agent under section 145 of the East African Customs Community Management Act, 2004, shall, in so far as it provides services in respect of maritime cargo, be deemed to be a licence under these Regulations and the provisions of regulations 5, 6, 8, 9 and 10 shall not apply to clearing and forwarding agents.

Interpretation. Cap. 504
3. In these Regulations, except where the context otherwise requires—

“bill of lading’ means a document signed by an ocean carrier or his representative and issued to a shipper that evidences the receipt of goods for shipment, contract of carriage and ownership or title of goods;

“cargo consolidator” means a person who accepts less than container load shipments from individual shippers, and then combines them for delivery to the carrier as a full container load container for shipment;

“cargo manifest” means a document that lists in detail all the bills of lading issued by a carrier or its agent or master for a specific voyage or a detailed summary of total cargo loaded on board a vessel;

“charterer” means a person, firm or company hiring a vessel for the carriage of goods or other purposes;

“clearing and forwarding agent” means any person licensed to act as an agent under section 145(1) of the East African Community Customs Management Act, 2004; 

“Commissioner” has the same meaning as in the East African Community Customs Management Act, 2004;

“consignee’ means an agent, company or person receiving an import consignment;

“consignor’ means an agent, company or person sending or exporting a consignment;

“container” means a metallic container for stuffing cargo in transit and which conforms to standards set by the International Standards Organization ;

“container freight station” means a common user facility with cargo handling facilities licensed to offer services for handling and temporary storage of import laden containers, and motor vehicles under customs control;

“container handling facility” means a container freight station or an empty container handling and storage depot;

“freight manifest” means a manifest which shows particulars of freight and charges;

“goods” includes all kinds of articles, wares, merchandise, livestock and currency;

“licence” means a licence issued under these Regulations;

“pad” means the addition by a ship’s agent of extra charges to an invoice to make it higher than the appropriate charge;

“port service provider” means a person, in Kenya, engaged in the business of providing services of port facility, quay side, warehouse or other terminal facilities in connection with a common carrier or a water carrier;

“principal” means a person on whose behalf, another person acts as an agent in the business of maritime service provision;

“register” means the register maintained by the Authority under regulation 4 (e);

“restrictive trade practices” means the restrictive trade practices described under the Competition Act, 2010 or any other law for the time being in force in Kenya;

“service level agreement” means an agreement made in writing between a maritime service provider and a party which formally defines the level of service, performance and commitment by the parties to the terms thereof;

“shipper” means a consignor, exporter, or seller using shipping services to transport and deliver goods, or a non vessel owning common carrier that accepts responsibility for payment of all applicable charges under the service level agreement;

“shipping line” means any person who provides sea transport using his own or chartered vessels or hires slots or space from other vessels in operation or managing the business of shipping;

“ship’s agent” means a person licensed by the Authority and appointed by a ship operator, including a ship owner or charterer, to act as its agent in Kenya in providing any of the services specified under regulation 2;

"tariff’ means the actual rates, charges and surcharges applied by a maritime service provider in providing the transportation service.

PART II—LICENSING

Role of the Authority.
4.  The functions of the Authority shall be to—

(a) license maritime service providers; 

(b) promote fair competition among maritime service providers;

(c) promote and enforce high standards of professional and ethical conduct;

(d) formulate and promote the attainment of the highest standards of competence, and qualifications among respective maritime service providers;

(e) maintain a register for persons licensed to practice as maritime service providers, the various categories of maritime service providers and to publish from time to time information relating to such register;

(f) provide for a framework for consultations on the cost and quality of maritime transport services;

(g) monitor the standards of infrastructure, equipment, facilities and services as the Authority may specify by notice in the Gazette; and 

(h) perform such other functions as specified under section 8(2) (h) of the Act. 

Qualifications for licensing. Cap. 486.
5. (1) A person shall be eligible to be licensed as a maritime service provider if such person is a citizen of Kenya, or is a company incorporated under the Companies Act in which not less than fifty-one percent of the share capital is held directly by a citizen of Kenya.

(2) Notwithstanding paragraph (1) any company which holds a licence to operate as a maritime service provider shall within eighteen months from the date of commencement of these Regulations, comply with the provisions of that paragraph.

(3) The maritime service provider referred to in paragraph (2) may, at any time within eighteen months from the date of commencement of these Regulations, apply for, and upon satisfying the requirements of regulation 11, be entitled to the grant of a licence under these Regulations. 

(4) A ship’s agent or cargo consolidator shall be eligible to be licensed under these Regulations if such agent or consolidator, is of good standing and its reputation as evidenced by a letter of recommendation from the principal. 

(5) A container handling facility shall be eligible for licensing if it is located in an area where it does not inhibit accessibility to other users. 

(6) A person shall in addition to the foregoing paragraphs, be eligible for licensing if the person-

(a) has complied with the requirements of regulations 7 and 11; and
 
(b) is financially sound evidenced by—

(i) financial resources adequate to its business evidenced by references from banks, financial institutes, auditors and reputable credit reference companies, to the satisfaction of the Authority; and 

(ii) a minimum paid-up share capital as may be specified under paragraph (7).

(7) The Authority shall specify by notice in the Gazette, the minimum paid-up share capital to be maintained by a maritime service provider that is a body corporate.

(8) A maritime service provider shall, whenever requested to do so by the Authority, demonstrate that it has complied with paragraph (1).

(9) A person shall be not eligible for a licence or any renewal thereof if such person-

(a) has been convicted of corruption, an economic crime or other criminal offence that amounts to a felony under the law of Kenya; or

(b) has not complied with any of the provisions of this Act or any other law.
(10) Paragraph (1), (5), (6), (7) and (8) shall not apply to shipping lines.

Application for licence.6. (1) An application for a licence as a maritime service provider shall be made to the Authority in the form set out in the Second Schedule.

(2) The Authority may approve or reject an application and shall notify the applicant of its decision together with reasons within sixty days from the date of receipt of the application.

(3) Where the Authority approves an application for a licence or the renewal of a licence, the Authority shall, upon payment of such standard fee as it may determine, issue to the applicant the appropriate licence or renewal of the licence. 

(4) A licence issued under these Regulations shall—

(a) be in the form set out in the Third Schedule; 

(b) be valid for one year and shall, in any case, expire on the 31st of December, of each year;

(c) be limited exclusively to use by the named licensee and shall not be transferred to any other person without prior approval of the Authority; and

(d) be issued upon such other conditions as may be specified by the Authority in the license.

(5) Any person who carries on the business of a maritime service provider without a valid licence commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or imprisonment for a term not exceeding three years, or both such fine and imprisonment.

Membership to registered associations.
7. (1) A maritime service provider, other than a shipping line, who is licensed under Regulation 6  shall within sixty days of the issuance of the licence apply to join an association.  

(2) For purposes of paragraph (1), an association shall be approved by the Authority if such association has filed with the Authority certified copies of its—

(a) constitution;

(b) certificate of registration; 

(c) register of members ;

(d) disciplinary procedures; and

(e) details of registered office. 

(3) An Association shall have the primary responsibility of providing and monitoring a code of conduct and standards of competence for the particular category of maritime service providers through service level agreements and the Authority may revoke its recognition if in it’s opinion the Association is not carrying out its primary responsibility. 

(4) This regulation shall come into operation after the expiration of twelve months after the commencement of these Regulations.

Renewal of licence.
8. (1) Any person who holds a licence may apply for its renewal subject to the requirements set out under this regulation.

(2) The application under paragraph (1) shall—

(a) be made not later than sixty days before the date of expiry of the licence;

(b) be accompanied by a non-refundable application fee as may, by notice in the Gazette, be specified by the Authority; and

(c) be in the form set out in the Second Schedule.
 
(3) The Authority may approve or reject the application for the renewal of a license and shall notify the licensee of its decision before the expiry of sixty days from the date of lodging the application. 

Fine, suspension or revocation of licence.
9. (1) A maritime service provider who—

(a) fails to comply with the terms and conditions of the grant of the licence; 

(b) ceases to hold any of the qualifications specified in these Regulations; 

(c) fails to renew the licence within the period specified under regulation 8; or

(d) fails to meet any of the standards specified in these Regulations;
commits an offence and shall be liable on conviction to a fine of not more than three million shillings.
 
(2) If despite the fine imposed under paragraph (1), a maritime service provider continues committing the offences mentioned in paragraph (1), the Authority may, subject to these Regulations, suspend or revoke the licence. 

(3)Where the Authority suspends or revokes a licence issued under these Regulations, the Director-General shall notify the licensee of the decision of the Authority within fourteen days of the date of the decision.

Appeals.
10. (1) Any person whose application for a licence or renewal has been denied or whose licence has been suspended or revoked may, within twenty one days of receipt of the notice of such refusal, suspension or revocation, appeal to the Minister.

(2) Any person aggrieved by the Minister’s decision may within fourteen days of such decision, make a further appeal to the High Court.

Professional staff.
11. (1) A maritime service provider other than a shipping line shall have among its staff professionals qualified in accordance with paragraph (2).

(2) A person shall be deemed to be professionally qualified, if such person—

(a) demonstrates competence in executing the tasks related to their area of maritime service; and 

(b) has passed such professional examinations relevant to the maritime service as offered by a professional institution of national or international repute as the Authority may from time to time publish in the Gazette.

(3) A maritime service provider shall, within five years from the date of its first licensing under these Regulations, ensure that at least sixty percent of its management staff have successfully sat and passed the professional examinations referred to in paragraph (2).

PART III—DISCIPLINE

Professional misconduct.
12. (1) It shall be professional misconduct for any maritime service provider—

(a) to fail to abide by a code of conduct set out by the recognized association;

(b) to fail to apply a standard of competence set by the maritime providers association and approved by the Authority; 

(c) to fail to observe all laws and other regulations relevant to his duties;

(d) to fail to exercise due diligence to guard against fraudulent and corrupt practices;

(e) to engage in restrictive trade practices;

(f) to fail to discharge his duties to his clients or customers with honesty, integrity and impartiality ;

(g) to fail to exercise due care when handling cargo on behalf of the customers or shippers;

(h) to fail to exercise due care when handling monies on behalf of his principal;

(i) to attempt to influence the conduct of any official of the port, customs or any other person in any matter pending before such official or person or his subordinates by the use of threat, false accusation, duress or the offer of any inducement or promise of advantage or by the bestowing of any gift or favour or other thing of value;

(j) to attempt to bribe or provide other illegal benefits to influence the behaviour of port, container freight station, customs personnel or functions of customs officers;

(k) to fail to observe any other professional conduct as may be prescribed by the Authority.

(2) The Authority may, where it deems appropriate, suspend the licence of any person charged with a criminal offence pending the outcome of the proceedings. 

Changes in companies
13. (1) Whenever a company holding a licence undergoes any change in its directors, company name, location or its shareholding, such a change shall be communicated by the company to the Authority within fourteen days of such change.

Provided that any change in shareholding shall be subject to regulation 5(1).

(2) The provisions of this regulation shall not apply to a shipping line.

(3) A person who contravenes the provisions of this regulation commits an offence and shall be liable, on conviction, to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years, or both.

14. (1) A service level agreement for a maritime service provider under these Regulations shall contain the minimum standard terms specified in the Fourth Schedule.

(2) A service level agreement may, where necessary, in addition to the matters specified in paragraph (1), contain an undertaking as to the minimum facilities and equipment necessary for the delivery of maritime services in line with the service provider’s operations.

Obligations of maritime service providers.
15. (1) A maritime service provider shall—

(a) provide its services in accordance with the relevant written laws and international standards pertaining to the maritime service;

(b) observe business ethics and professional integrity;

(c) inform the Authority in writing of any changes in the information provided in the application form, annexes thereto or authorization certificates within thirty days of the date of such change; and

(d) have in place adequate liability insurance to cover all its professional liabilities.

(2) A person who contravenes the provisions of this regulation commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years, or both.

Disciplinary proceedings.
16. (1) Whenever the Authority—

(a) is of the opinion that a marine service provider has committed a professional misconduct; or

(b) receives a complaint or allegation that a marine service provider has committed an act of misconduct,

(c) the Authority shall commence an inquiry by issuing a notice in writing to that maritime service provider.

(2) The notice issued by the Authority under paragraph (1) shall—

(a) state the Authority’s opinion, or the complaint or allegation of misconduct received, as the case may be; and

(b) require the maritime service provider to submit, within such time not being longer than thirty days, as may be specified in the notice, a response in writing. 

(3) Upon receipt of the written response, or where no such a response has been received, within the time limit set out under paragraph (2)(b), the Authority shall inquire into the grounds set out in its notice under paragraph (1) or such of the grounds not admitted, as the case may be.

(4) The Authority may, in the course of the inquiry, consider such documentary evidence and take such oral evidence as may be relevant or material to the inquiry, and may put any questions to any person tendering evidence for or against the maritime service provider.

(5) The maritime service provider shall be entitled to cross examine any person on the grounds forming the basis of the proceedings but where the Authority declines to examine any person on the ground that his or her evidence is irrelevant or immaterial, it shall record its reasons in writing.

(6) At the conclusion of the inquiry, the Authority shall prepare a report of its findings with appropriate orders.

(7) The Authority shall subject to paragraph (9) furnish the maritime service provider with a copy of its report and the maritime service provider shall within a period of not more than thirty days from the date of receipt of the report, submit, in writing, any representations which it may have against the findings.

(8) The Authority, in making the report under paragraph (6), may—

(a) caution the maritime service provider; or

(b) suspend the licence of the maritime service provider; or

(c) revoke the licence of the maritime service provider; or

(d) if there is a finding of an offence as provided in regulation 9 (2), apply the sanctions provided thereunder.

(9) Where the maritime service provider is a clearing and forwarding agent, the Authority shall make such recommendations as may be appropriate to the Commissioner.

(10) The Authority may make any such order as to payment by any party of any costs or witness expenses and of the expenses of the Authority or the members thereof in connection with the hearing of any complaint as it may think fit.

(11) Any maritime service provider aggrieved by any decision or order of the Authority, may appeal to the Minister, with a further appeal to the High Court.

PART IV—MISCELLANEOUS PROVISIONS

Tariffs 
17. (1) The Authority may require a maritime service provider to file with the Authority its tariffs showing the actual rates, charges and surcharges applied in providing all services rendered and the maritime service provider shall comply with such requirement within seven days of such requirement being made.

(2) A maritime service provider shall not amend the tariff as provided under paragraph (1) without notifying the Authority.

(3) No maritime service provider shall pad customs or other statutory fees charged to customers.

(4) Charges for services delivered locally shall be raised and paid for in Kenyan currency.

(5) Any person who contravenes the provisions of this regulation commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years, or both.

Submission of information.
18. (1) The Authority may require or order any maritime service provider to file with it any report, cargo manifest, freight manifest, answers to questions, documentary material or other information that the Authority finds appropriate; and may require the response to such order to be made in such form and within such time as may be specified by the Authority.

(2) A maritime service provider shall submit copies of annual returns to the Authority within one month after the deadline for the filling of the annual reports. 

(3) A maritime service provider who fails to file a report or document when required to do so by the Authority under paragraph (1) or who contravenes paragraph (2) commits an offence and shall be liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years, or both.

Inspection of premises.
19. (1) The Authority may inspect the premises of a maritime service provider for the purposes of promoting commitment to the advancement of excellence, professionalism as well as ethical standards of trade in all aspects of the business of the maritime service provider.

(2) Such visits shall focus on standards of customer care, complaints handling, supervision and management of the maritime service provider’s facility.

(3) The maritime service provider shall allow free entry and exit to the premises of the maritime service provider and access to all records pertinent to the handling of cargo, ledgers, details of complaints received, copies of the maritime service provider’s complaints procedure, terms of business, details of any risk management measures, contract documents and any other details which may be relevant for the visit.

(4) At the end of every visit, the Authority shall meet with the maritime service provider and summarize its findings.

(5) The Authority shall keep records of each visit undertaken under this regulation, which shall include the particulars, description and recommendations made after each visit. 

(6) Where any recommendations are made under this regulation, the Authority may within such time and in such manner as it shall specify, require the maritime service provider concerned to implement or cause to be implemented the recommendations contained in the record of visit. 

(7) The Authority may suspend a maritime service provider’s licence for any failure to implement a requirement as contained in paragraph (6) above.

(8) Any person who—

(a) obstructs or hinders the Authority in the exercise of its powers or performance of its duties under this regulation; or

(b) furnishes information or makes a statement to the Authority which he or she knows to be false or misleading; or

(c) without good and reasonable excuse fails to implement the recommendations made pursuant to this regulation,

commits an offence and shall be liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years, or both.

Marine cargo movement mechanism
20. (1) The movement of cargo into any container freight station shall, subject to paragraph (2), be in accordance with the instructions of the shipper as contained in the bill of lading.

(2) The relevant port authority shall nominate the container freight station for movement of cargo where the bill of lading does not contain the instructions of the shipper. 

(3) The nomination under paragraph (2) shall have due regard to an equitable, transparent and fair distribution of cargo, and the port authority shall, before making the nomination, take steps to ensure that the receiving container freight station has the capacity to receive the cargo having regard to space, personnel and equipment.

(4) Any person who contravenes this regulation commits an offence and is liable, on conviction, to a fine not exceeding five million shillings and shall in addition be liable to the affected cargo owners for all losses, fines, penalties, demurrage, storage charges or any other charges arising from such failure to comply.

Authority may impose penalty upon admission of guilt 
21. If a maritime service provider—

(a) admits to the Authority that he has contravened any provisions of these Regulations or the Act, or that he has failed to comply with any provision with which it was his duty to comply;

(b) agrees to abide by the decision of the Authority; and

(c) deposits with the Authority such sum as may be required of him, but not exceeding the maximum fine which may be imposed upon a conviction for the contravention or failure in question,

the Authority may, after such enquiry as it deems necessary, determine the matter upon such enquiry and may, without legal proceedings, order by way of a penalty the whole or any part of the said deposit to be forfeited.

Transitional provisions 
22. (1) Any action or thing done in respect of licensing of a maritime service provider immediately before the coming into force of these Regulations, shall be deemed to have been done under the corresponding provisions of these Regulations.

(2) Every person who immediately before the commencement of these Regulations, was a holder of a licence authorizing him to carry on the business of a maritime service provider shall, upon payment of the prescribed licence fees, continue carrying on such business for a period of six months from the date of commencement of these Regulations.

(3) The maritime service provider referred to in paragraph (2) may, any time within six months from the date of commencement of these Regulations, apply for, and upon satisfying the requirements of regulation 5 be entitled to the grant of a licence under these Regulations.

(4) Any person carrying on the business of a maritime service provider pursuant to paragraph (1) who elects not to apply for a licence or having applied for a licence has not satisfied the requirements of regulation 5 shall cease to carry on the business of a maritime service provider on the expiration of the period referred to in paragraph (2).

FIRST SCHEDULE

(r.2 (1) (a))

MARITIME SERVICE PROVIDERS AND THEIR SCOPE OF SERVICE

1. Ships agent services shall include—

(a) all procedures relating to a vessel’s entry and departure, pilotage and berthing; 

(b) the provision of port services through port operators, customs and other government agencies, firms or private individuals;

(c) the procurement and processing of documents and activities required for the dispatch of cargo;

(d) marine surveys, provision of ship stores, supplies, fresh water, cleaning of cargo holds, fumigation, supply of bunkers, ship repairs and other related services;

(e) import and export shipments; 

(f) signing bills of lading, contracts of affreightment and issuing documents relevant to handling of cargo;

(g) booking international sea passages and formalities for passenger's or tourist's embarkation or disembarkation; 

(h) attendance to marine casualties and arranging for salvage;

(i) purchasing or forwarding ship's spare parts and stores ;

(j) collecting freight or charter hire where appropriate and all related financial matters;

(k) customs and cargo documentation and forwarding of cargo;

(l) procuring, processing the documentation and performing all activities required related to dispatch of cargo;

(m) supply of services to a ship while in port; and

(n) such other services as the Authority may from time to time specify.

2. Cargo consolidator services shall include—

(a) the purchasing of transportation services from a carrier and offering such services for resale to other persons; 

(b) the paying of port-to-port or multimodal transportation charges;

(c) entering into affreightment agreements with underlying shippers;

(d) the issuing bills of lading or equivalent documents; 

(e) arranging for inland transportation and paying for inland freight charges on through transportation movements;

(f) the paying of lawful compensation to ocean freight forwarders; 

(g) the leasing of containers; or

(h) entering into arrangements with origin or destination agents.

3. Container freight station services shall include -

(a) the storage of containerized and non-containerized cargo, empty containers, imported motor vehicles;

(b) the stuffing and stripping of containers;

(c) the loading and unloading of containers onto and off trailers;

(d) the receiving and delivering of containers, and

(e) any other operations relevant to the activities of a container freight station, as may be approved by the Authority.

4. Shipping line services shall include—

(a) the offering of scheduled liner services for cargo carriage;

(b) availing of containers for export of cargo;

(c) the delivery of shipments to designated consignees, in as good condition as when received;

(d) ensuring of the issuance of bills of lading to all cargo shipped on board his vessel;

(e) offering of seaworthy and well manned vessel at any given time of ship’s voyage.

5. Empty container depot services shall include the-

(a) receipt and temporary storage of empty containers;

(b) issuance and delivery of empty containers;

(c) inspection of returned containers’ conditions;

(d) estimation of container damage costs;

(e) issuing of interchanges for containers received and issued; and

(f) submission of daily reports of container movement to respective shipping lines through their agents.

6. Port facility operator services shall include—

(a) vessel traffic service;

(b) provision of pilotage;

(c) provision of navigational aids along the coast of the Republic and within ports;

(d) provision of tug boat services;

(e) provision of berthing facilities;

(f) stevedoring; 

(g) cargo handling;

(h) terminal operations;

(i) storage of cargo within a port;

(j) tug services; 

(k) floating crane services;

(l) berthing services; 

(m) fire fighting; 

(n) security;

(o) radio and radar services; 

(p) waste disposal; 

(q) vessel repairs;

(r) any other services provided within a port which are designated as such by the Authority by notice in the Gazette.

7. Clearing and forwarding agent services shall include—

(a) receiving advance notification of shipments, or other documents to banks, shippers or consignees as required;

(b) preparing and processing of import and export declarations;

(c) clearance and handling of shipments in accordance with the Kenya government import and export regulations;

(d) arranging for warehousing of the goods; 

(e) arranging dispatch of goods as per the directions of the customer; and

(f) handling freight and other monies advanced by customers for purposes of clearance of the shipments.

SECOND SCHEDULE

(r. 6(1))

APPLICATION FOR A LICENCE AS A MARITIME SERVICE PROVIDER

1. Maritime service for which license is sought…......……………
2. Name of applicant………………………………...........…………………
3. Postal address………………….............…………………………………..
4. Email address…………………………...........……………………………
5. Registration under Companies Act
Company Registration    Number………….…………………...…
Date…………………………………………………………
6. Physical Address 
Street:……………….......…..Plot No: ……..........…… Building:  ………………… 
Telephone No………………, Telex No…….……..….. .., Fax No………...………..
7. Particulars of foreign shareholding………………...............………………….
8. Paid-up capital…………………………….........................…………………………..
9. What business other than that of a maritime service provider is carried on by the applicant?…………………...........................................……………………………
10. Particulars of directors and shareholders
Full Names………………...................................................................
Designation/Position………….............................................................
Nationality………………….......................................……………………………….
Postal address…………………………....................……………………
Academic qualifications…………………….................…………….
Professional qualifications…………………..............……………….
Years of experience……………………...........……………………..

11. Particulars of previous registration
Registration No.………..................………………   Year…………………………..

12. Has applicant or any of the applicant’s partners, officers, directors, or shareholders ever—

(a) been found in violation of any provisions of the Merchant Shipping Act? Yes…....... No……….or paid penalty in settlement for such violation?   Yes…......... No……….

(b) filed or been involved in a bankruptcy proceeding, other than as a claimant, been declared bankrupt, been subjected to a tax lien, or had legal judgment rendered for a debt? Yes…............... No……….

(c) been arrested, charged, convicted of, or forfeited collateral for any felony, misdemeanour or other violation? Yes…............... No……….

If the answer is 'yes' give details including the number and type of offence(s) committed, place and date of offence(s), outcome(s) and (where appropriate) name of the convicting court(s)……………………………………………

13. Please provide full details of the regular shipping service's activities (including ports concerned, names of vessels assigned to the service, volume of traffic, shipping line's timetable, turnaround time of vessels etc).

Declaration and undertaking
(a) I declare that to the best of my knowledge and belief the information I have provided in this application form and the attached is accurate and any accompanying documents are authentic

(b) I undertake that the registration issued will be carried on board the vessel and presented on request to the competent customs authorities.

(c) I undertake to notify the Authority of any changes in the shareholding and location of business premises.
Name in full: …………………………………................................………....………
Position/Designation: ……………………..................................……………………
Signature: ……………....................................……Date: ……….........................……
Stamp or Seal

The following must accompany the Application Form—

The application for registration should be accompanied by certified copies of the following documents for locally incorporated companies—

(a) Certificate of Incorporation;

(b) Tax Compliance Certificate issued by the Kenya Revenue Authority

Provided that this requirement shall not apply to a company incorporated within a period of less than twelve months preceding the date of lodging an application for a license under this Regulation.

(c) A company profile;

(d) Copies of the Memorandum and Articles of Association; 

(e) Copies of Personal Identification Number certificate of the company and directors;

(f) Copies of Identity card or passport of all directors;

(g) Recent passport photographs of all the directors duly certified by a notary public;

(h) Agency agreement submitted in confidence between the agency and principal;

(i) Proof of office premises and communication facilities;

(j) Proposed tariff; 

(k) Proof of a liability insurance cover.

THIRD SCHEDULE

(r. 6 (4)(a))

LICENCE TO PRACTISE AS A MARITIME SERVICE PROVIDER KENYA MARITIME AUTHORITY ANNUAL LICENCE TO PRACTICE AS A MARITIME SERVICE PROVIDER
..............................................................................................................................................
(Name and Address)
is hereby licensed to practice as ……………......................…………. (specify category of maritime service provider) in accordance with the Merchant Shipping Act, 2009
Name of Premises ......................................................................
Plot No. ...................................... Road ..........................................Town ............................
Given at…….....………on the ................... day of ............... of the year…......…..20........
..................................................................................................
(Director General, Kenya Maritime Authority)

This license expires on the 31st December, 20...................
(See overleaf for conditions)

FOURTH SCHEDULE

(r. 14 (1))

MINIMUM TERMS FOR SERVICE LEVEL AGREEMENTS

1.  Ships Agents—

(a) submission of manifest or bay plan to Kenya Ports Authority and other statutory bodies with  minimum delay and within the time stipulated in any relevant law for the time being in force;

(b) registration of manifest with Kenya Revenue Authority within the time required by the relevant local law,

(c) processing of container deposit refunds and other related charges;

(d) key performance indicators;

(e) issuance of cargo release documents for importers and/ or shipping orders to exporters or;

(f) such other standards as may be set by the Authority with the aim of securing the fastest release of cargo.

3. Shipping Lines—

(a) period for transmission of manifests to local agents;

(b) treatment of ship related delays such as waiting for export cargo at ship’s request, changing crew, bunkering, documentation problems or others, if they impact on cargo operations;
(c) key performance indicators

(d) any other activity as may be notified from time to time.

4. Container Freight Stations—

(a) period for transfer of container from the port to the container freight stations; 

(b) key performance indicators; 

(c) period for release of cargo from the container freight station to the consignee; and

(d) any other activity as may be notified from time to time.

5. Empty Container Depots

(a) period of receiving container to the depot from shippers;

(b) period for release of empty container to shippers;

(c) period of repatriation of empty containers to shipping lines;

(d) key performance indicators;

(e) any other activity as may be notified from time to time.

6. Clearing and Forwarding Agents—

(a) preparation and lodging of entries for cargo clearance;

(b) releasing of cargo from the shipping lines;

(c) processing of port clearance documents;

(d) key performance indicators;

(e) other activities as may be prescribed.

7. Port Service Operators—

An undertaking on the following key performance indicators:

(a) ship turn-round time;

(b) ship waiting time;

(c) berth occupancy rate;

(d) import dwell time;

(e) gang productivity;

(f) ship productivity;

(g) moves per crane-hour;

(h) terminal throughput (teus and dwt);

(i) other activities as may be prescribed.

8.   Cargo Consolidators

(a) Submission of house manifest to Kenya Revenue Authority and other statutory bodies;

(b) Registration of house manifest with Kenya Revenue Authority, 

(c) submission of C11 to Kenya Revenue Authority and Kenya Ports Authority ;

(d) issuance of arrival notices and house bill of lading, 

(e) stuffing and de-stuffing of shipments.

(f) booking of cargo;

(g) key performance indicators;

(h) other activities as may be prescribed.

Made on the 18th April, 2011.

AMOS KIMUNYA,
Minister for Transport

111-Privileges and Immunities (Columbia Global Centre in Eastern and Southern Africa) Order, 2011

111-Privileges and Immunities (Columbia Global Centre in Eastern and Southern Africa) Order, 2011

5th September, 2011

Legal Notice No. 111

THE PRIVILEGES AND IMMUNITIES ACT
(Cap. 179)    

IN EXERCISE of the powers conferred by section 11 of the Privileges and Immunities Act, the Minister for Foreign Affairs makes the following Order:—

THE PRIVILEGES AND IMMUNITIES (COLUMBIA GLOBAL CENTER IN EASTERN AND SOUTHERN AFRICA) ORDER, 2011

1. This Order may be cited as the Privileges Immunities (Columbia Global Center in Eastern and Southern Africa) Order, 2011.

2. Columbia Global Center in Eastern and Southern Africa, in this Order referred to as “the Company” being a non-profit body corporate established as a company Limited by Guarantee and registered in Kenya with which the Government of Kenya has entered into and agreement for co-operation, is declared to be an organization to which section 11 of the Act shall apply.

3. The company shall have the privileges and immunities specified in paragraph 3 and 4 of the Fourth Schedule to the Act.

4. The Regional Director and internationally recruited members of staff of the company shall, while residing in Kenya and performing duties in the service of the company, have the privileges specified in paragraphs 2, 3, 4 and 7 of Part III of the Fourth Schedule to the Act:

Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, or working exclusively for the company.

Made on the 18th August, 2011.

GEORGE SAITOTI,
Acting Minister for Foreign Affairs.

110-State Corporations Act Kenya Animal Genetic Resources Centre Order, 2011

110-State Corporations Act Kenya Animal Genetic Resources Centre Order, 2011

5th September, 2011

Legal Notice No. 110

THE STATE CORPORATIONS ACT
(Cap. 446)

IN EXERCISE of the powers conferred by section 3(1) of the State Corporations Act, I, Mwai Kibaki, President and Commander-in-Chief of Kenya Defence Forces, make the following Order:—

THE KENYA ANIMAL GENETIC RESOURCES CENTRE ORDER, 2011

Citation
1. This Order may be cited as the Kenya Animal  Genetic Resources Centre Order, 2011.

Interpretation
2. In this Order, unless the context otherwise requires—

“Minister” means the Minister for the time being responsible for matters relating to livestock development;

“Board” means the board of the Centre; 

“member” means a member of  the Board;

“Centre” means the Kenya Animal Genetic Resources Centre established under paragraph 3

Establishment
3. (1) There is hereby established a state corporation to be known as the Kenya Animal Genetic Resource Centre.

(2) The Centre shall be a body corporate with perpetual succession and a common seal and shall in its corporate name be capable of—

(a) suing and being sued;

(b) taking, purchasing or otherwise acquiring ,holding, charging or disposing of movable or immovable property; and

(c) doing or performing such other things or acts necessary for the proper performance of its functions which may lawfully be done by a body corporate.

(3) The Centre shall be the successor of the institution formerly known as the Central Artificial Insemination Station existing immediately before the commencement of this Order.

Headquarters.
4. The headquarters of the Centre shall be in Nairobi.

Composition of the Board
5. (1) The Centre shall be governed by a Board which shall consist of—

(a) a non-executive chairman appointed by the President;

(b) the Permanent Secretary in the Ministry for the time being responsible for  matters relating to livestock development or his representative;

(c) the Permanent Secretary in the Ministry for the time being responsible for matters relating to Finance or his representative;

(d) the Managing Director of the Centre appointed under paragraph 9 ;

(e) the director of the Kenya Agricultural Research Institute or his representative;

(f) four other persons not being employees of the Centre with knowledge in matters relating to ─

(i) livestock breeding; 

(ii) finance;

(iii) management; and

(iv)  law.

(2) The members of the Board referred to in sub-paragraphs (a) and (f) shall be appointed by the President and Minister respectively by notice in the Gazette.

(3) The chairperson and members of the Board, other than ex officio members shall hold office for a term of three years and shall be eligible for re-appointment for one further term.

Functions of the Corporation.               
6. The Centre shall—

(a) establish a national livestock resources gene bank and take custody of livestock tissues, DNA, semen and embryos of all livestock and emerging livestock species in Kenya; 

(b) conserve for posterity and avail  livestock tissues, DNA, semen and embryos of all livestock and emerging livestock species in Kenya for both research and breeding ;

(c) engage in strategic semen production;

(d) serve as a reference laboratory for certification, testing of semen, embryos, and related livestock reproductive materials, for purposes of imports and exports;

(e) either alone or in collaboration with other institutions, develop and produce chemicals and laboratory products for use in the production of semen;

(f) either alone or in collaboration with other institutions, provide information on the suitability and effectiveness of animal breeding products; and

(g) provide training in animal resource conservation procedures, semen, in-vitro embryo production and transfer and related technology transfer.

(2) The Centre may engage in such other activities that promote the best interest for the Centre in accordance with this Order and as the Board may determine from time to time, with the approval of the Minister. 

Powers of Board.
7. The Board shall—

(a) administer the assets and funds of the Centre in such manner and for such purposes as will promote the purpose for which the Centre is established;

(b) receive gifts, donations, grants or other money and equipment on behalf of the Centre  and  make legitimate disbursement therefrom; 

(c) have power to enter into association with other persons, bodies or organizations within or outside Kenya as the Board may consider appropriate and in furtherance of the purpose for which the Centre is established;

(d) make policies and regulations for the proper and efficient management of the Centre; and

(e) apply for and hold intellectual property rights and enter into agreements or arrangements for their commercial exploitation or otherwise as the Board may consider appropriate.

Meetings of the Board 
8. (1) The Board shall hold not less than four meetings in a year, and not more than three months shall lapse from the date of one meeting and the date of the next meeting.

(2) The quorum shall be two thirds of the members of the Board.

Managing Director
9. (1) There shall be a Managing Director of the Centre who shall be appointed by the Board on such terms and conditions of service as the Minister may in consultation with the Board determine.

(2) The Managing Director shall be the executive officer responsible to the Board and secretary to the Board.

(3) The Managing Director shall be responsible for the day-to day operations and administration of the Centre.

Staff
10. The Centre may employ such officers, staff or agents as it considers necessary for the discharge of its functions and duties under this Order, upon such terms and conditions of service as it may determine.

Funds
11. The funds of the Centre shall consist of—

(a) monies appropriated by Parliament for the purposes of the Centre;

(b) monies or assets as may accrue to, or vest in the Centre in the course of its functions under this Order; and

(c) any grant, gift and other donation as may be received by the Centre.

Financial Year.
12. The financial year of the Centre shall be the period of twelve months ending on the thirtieth day of June in each year.

Annual estimates
13. (1) The Board shall, at least five months before commencement of each financial year, cause to be prepared estimates of the revenue and expenditure of the Centre for that financial year.

(2)The annual estimates shall make provision for all the estimated expenditure of the Centre for the financial year, and in particular, the estimates shall provide for—

(a) the payment of salaries, allowances and other charges in respect of the members and staff of the Centre;

(b) the payment of pensions, gratuities and other charges in respect  to retirement benefits to the staff of the Centre; and

(c) the proper maintenance, repair and replacement of the equipment, buildings and grounds of the Centre; and 

(d) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment in respect of other matters as the Centre may consider necessary.

(3) The Board shall approve the annual estimates before commencement of the financial year to which they relate and shall submit the annual estimates to the Minister for approval.

(4) Once the annual estimates have been approved, the sum provided shall not be increased without prior consent of the Board given with approval of the Minister.

(5) The Centre shall not incur expenditure for the purposes of the Centre except in accordance with the annual estimates approved under sub-paragraph (3) or with authorization of the Board given with the approval of the Minister. 
 
Account and Audit
14. (1) The Board shall cause to be kept proper books of accounts of all the income, expenditure, assets and liabilities of the Centre.

(2) The accounts of the Centre shall be audited and reported in accordance with the provisions of the Public Audit Act, 2003, No.12 of 2003

Investment of Funds.
15. (1) The Board may invest funds of the Centre which are not immediately required for its purposes in bank deposits or such other securities as Treasury may, from time to time, approve.

(2) Any balance of grant may be carried forward in the accounts of the Board from one year to the next and may be expended as the Board may determine, or may be put in a reserve account of the Board.

Annual Report
16. (1) The Centre shall, within three months after the end of each financial year, prepare and submit to the Minister, a report of the operations of the Centre for the year immediately preceding the financial year.

(2)  The Minister shall lay the annual report before the National Assembly within three months of the day the National Assembly sits after the report is presented.

Protection from Personal liabilities
17. No matter or thing done by the Board or any officer, employee or agent of the Centre shall, if the matter or thing is done in good faith for the purposes of executing the functions, powers and duties of the Centre, render the member, officer, employee or agent or any person acting by his directions, personally liable to any action, claim or demand whatsoever.

Transitional provision
18. Upon the commencement of this Order—

(a) all rights ,duties, obligations, assets and liabilities of the Central  Artificial Insemination Station existing as at the commencement of this Order shall vest in the Centre;

(b) any reference to the Central  Artificial Insemination Station  in any written law contract or document shall, for all purposes, be deemed to be a reference to the Centre;

(c) any person who is an officer of the Central Artificial Insemination Station before the commencement date shall be deemed to be on secondment to the Centre:

Provided that such person shall, within a period of one year from the Commencement, exercise the option either—

(i) to enter into a written contract of service with the Centre, whereupon his service with the Government shall be deemed to have terminated without right to severance pay but without prejudice to all other remuneration and benefits payable upon such  termination; or  

(ii) to be deployed by the Government.

(d) the annual estimates of the Central Artificial Insemination Station for the financial year in which the commencement date occurs shall be deemed to be the annual estimates of the Centre for the remainder of the financial year;
Provided that such estimates may be varied by the Board in such a manner as the Minister may approve.

(e) the administrative directions made by the Central Artificial Insemination Station or the Minister and which are in force immediately before the commencement date shall, on or after such day, have force as if they were made by the Board or the Minister under this Order;

(f) any donation or government funding of a continuing nature administered by the Central  Artificial Insemination Station or its Board and existing immediately before the commencement of this Order shall be administered by the Centre, in accordance with the terms and conditions to which it was subject immediately before that date;

(g) the members of the Board of the Central Artificial Insemination Station immediately before the commencement date shall be appointed to be members of the Board under paragraph 5 of this Order.

Made on the 12th August, 2011.

MWAI KIBAKI,
President

109- The Wildlife (Conservation And Management)(Amendment) Regulations, 2011

109- The Wildlife (Conservation And Management)(Amendment) Regulations, 2011

26th  August, 2011

Legal Notice No. 109

THE WILDLIFE (CONSERVATION AND MANAGEMENT) ACT
(Cap. 376)

IN EXERCISE of the powers conferred by section 16 of the Wildlife (Conservation and Management) Act, the Minister for Forestry and Wildlife makes the following Regulations―

THE WILDLIFE (CONSERVATION AND MANAGEMENT) (AMENDMENT) REGULATIONS, 2011

1. These Regulations may be cited as the Wildlife (Conservation and Management) (Amendment) Regulations, 2011 and shall come into operation as follows—

(a) the proposed regulation 5 (3), on the 1st September, 2011; and

(b) all other regulations, on the 1st July, 2012.

LN 210. 2010.2. The Wildlife (Conservation and Management) Regulations, 2010, in these Regulations referred to as the “principal Regulations” are amended by deleting regulation 5 and substituting therefor—

5. (1) The Kenya Wildlife Service shall issue, to a visitor, a ticket upon the payment of the fees prescribed under these Regulations.

(2) A ticket issued under paragraph (1) shall be valid for the period specified in the ticket.

(3) Notwithstanding paragraph (2), a ticket issued in respect of a daily fee shall be valid for twenty-four hours and shall entitle the same visitor to two entries within the same twenty-four hours.

3. Regulation 14 of the principal Regulations is amended—

(a) in paragraph (a)—

(i) in item 6 by inserting the expression “and Kihari Gate”  immediately after the word “Aberdare”.

(ii) by deleting the entry fees for Non Residents and substituting therefor the following new fees—

Premium parks 80
Wilderness parks 65
Wilderness parks 65
Urban Safari 40
Mt. Kenya (Day Trip) 55
3- day package 150
Aberdare and Kihari Gate 50
Scenic and Special Interest 20
Hells Gate and Mt. Elgon 25
Kisite Mpunguti Marine 20
Other Marine Parks 15
Nairobi Safari Walk 20
Kisumu Impala Sanctuary & Nairobi Animal Orphanage 15

(b) in paragraph (b) by deleting the entry fees for Non Residents and substituting therefor the following new fees—

Premium parks 40
Wilderness parks 30
Urban Safari 20
Mt. Kenya 25
3-day package 70
Hells Gate and Mt. Elgon 15
Scenic and Special Interest 10
Kisite Mpunguti Marine 10
Other Marine parks 10
Nairobi Safari Walk, Kisumu Impala Sanctuary and Nairobi Animal Orphanage 10

Made on the 23rd August, 2011.

N. M. WEKESA,
Minister for Forestry and Wildlife.

108- The Kirinyaga University College Order, 2011

108- The Kirinyaga University College Order, 2011

26th August, 2011

Legal Notice No. 108

THE JOMO KENYATTA UNIVERSITY OF AGRICULTURE AND TECHNOLOGY ACT
(Cap. 210E)

IN EXERCISE of the powers conferred by section 5 of the Jomo Kenyatta University of Agriculture and Technology Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, make the following Order:—

THE KIRINYAGA UNIVERSITY COLLEGE ORDER, 2011

PART I—PRELIMINARY

Citation.
1. This Order may be cited as the Kirinyaga  University College Order, 2011.

Interpretation.
2. In this Order, unless the context otherwise requires—

“academic Board” means the Academic Board of the University College established under paragraph 13;

“alumni association” means the alumni association of the University College established under paragraph 15;

“Chancellor” means the Chancellor of the University;

“Council” means the Council of the University College established under paragraph 11;

“Deputy Principal” means the Deputy Principal appointed by the Council of the University College under paragraph 9;

“faculty” means a faculty of the University College established under the statutes;

“financial year” means the financial year of the University College as provided for under paragraph 18;

“graduate” means a person upon whom a degree has been conferred in accordance with paragraph 5;

“institute” means an institute of  the University College established by the statutes;

“lecturer” means a member of the staff of  the University College who is, in terms of appointment, a professor, an associate professor, senior lecturer, lecturer, assistant lecturer, or tutorial assistant, or a person who holds any other teaching post which the Council has recognized as a post having academic status in the University College;

“librarian” means the person appointed to be the librarian of the University College;

“Management Board” means the Management Board of the University College established under paragraph 14;

“Minister” means the Minister for the time being responsible for matters relating to higher education;

“Permanent Secretary” means the Permanent Secretary for the time being responsible for matters relating to higher education;

“principal” means the principal of the University College appointed under paragraph 8;

“professor” means a full professor of the University College; 

“Registrar” means the registrar appointed by the Council of the University College;

“school” means a school of  the University College established under the statutes;

“Senate” means the senate of the University;

“staff association” means an association of the staff recognized by the Council as being an association representative of the staff of  the University College;

“statutes” means Statutes of  the University College made by the Council under this Order;

“student” means a person registered by the University College  for the purposes of obtaining a qualification of the University College or any other person who is determined by the Academic Board to be a student;

“students’ organization” means an association of the students recognized by the Council being an organization representative of the students of the  University College;

“University College” means the  Kirinyaga University College established under paragraph 3;

“University” means the Jomo Kenyatta University of Agriculture and Technology established under section 3 of the Act; and

“Vice-Chancellor” means the Vice-Chancellor of the University appointed under section 11 of the Act.

PART II—ESTABLISHMENT OF THE UNIVERSITY COLLEGE

Establishment of the university college.
3. (1) There is established a university college to be known as the Kirinyaga University College which shall be a constituent college of  the Jomo Kenyatta University of Agriculture and Technology.

(2) The University College shall be a body corporate with perpetual succession and a common seal, and shall in its corporate name be capable of—

(a) suing and being sued;

(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property;

(c) receiving, investing, borrowing and lending money; and

(d) doing or performing any such other things or acts, including entering into such contracts as may be necessary or expedient, for the furtherance of the provision of this Order which may be done by a body corporate.

(3) The University College shall the successor to Kirinyaga Technical Institute.

(4) All rights, liabilities and assets held by or by any body on behalf of the Kirinyaga Technical Institute, existing at the commencement of this Order, shall be automatically and fully transferred to the University College.

Functions and objects of University College.
4. (1) The objects and functions of the University College shall be—

(a) to provide directly, or in collaboration with other institutions of higher learning, facilities for university education (including technological, scientific and professional education),  the integration of teaching, research and effective application of knowledge and skills to the life, work and welfare of the citizens of Kenya;

(b) to participate in the discovery, transmission and preservation and enhancement of knowledge and to stimulate the intellect participation of students in the economic, social, cultural, scientific and technological development of Kenya;

(c) to provide and advance university education and training to appropriately qualified candidates, leading to the conferment of degrees and award of diplomas and certificates and such other qualifications as the Council and the Senate shall from time to time determine and in so doing, contribute to manpower needs;

(d) to conduct examinations for such academic awards as may be provided in the statutes pertaining to the University College; 

(e) to examine and make proposals for new faculties, schools, institutes, departments, resource and research centres, degree courses and subjects of study.

(f) to play a leading role in the development and expansion of the opportunities for higher education and research;

(g) to contribute to industrial and technological developments through innovations and technology transfer;

(h) to develop as an institution of excellence in teaching, training, scholarship, entrepreneurship, innovation, research and consultancy  services; 

(i) to participate in commercial ventures and other activities for the benefit of the institution, the community and stakeholders;

(j) to contribute to agriculture, industrial and technological development of Kenya in collaboration with industrial and other institutions through the transfer of appropriate technology;

(k) to develop and provide educational, cultural, professional, technical and vocational services to the community and in particular foster corporate social responsibility and the practical arts;

(l) to provide programmes, products and services in ways that reflect the principles of equity and social justice;

(m) to facilitate student mobility between different programmes at different  training institutions, universities and industry; and

(n) foster the general welfare of all staff and students.

(2) Admission to the University College as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Academic Board in accordance with this Order and the Act without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, colour, creed, physical ability or gender; and no barrier based on any such distinction shall be imposed upon any person as a condition of their becoming, or continuing to be, a professor, lecturer, graduate or student of the University College, or of their holding any office therein, nor shall any preference be given to, or advantage withheld from any person on the grounds of any such distinction.

Conferment of degrees, etc.
5. (1) The degrees and postgraduate diplomas to be awarded by the University College shall be the degrees and postgraduate diplomas conferred by the Jomo Kenyatta University of Agriculture and Technology. 
 
(2) Despite subparagraph (1), the University College shall have powers to grant diplomas, certificates, or other academic qualifications which may, for the time being, be authorized by the Statutes of the University College.

Award of scholarships, bursaries etc.
6. Subject to this Order, the University College may award scholarships, bursaries and prizes and make other awards which may be provided for by the Statutes.

PART III—MEMBERSHIP OF THE UNIVERSITY COLLEGE

Membership of the University College.
7. The members of the University College shall be—

(a) the Chancellor of the University;

(b) the Vice-Chancellor of University;

(c) the Principal;

(d) the Deputy Principals;

(e) the members of the Council;

(f) the members of the Academic Board;

(g) the librarian of the University College;

(h) the professors of the University College;

(i) the lecturers of the University College;

(j) the Registrars;

(k) the Finance Officer

(l) the Dean of students

(m) the Director of ICT services;

(n) the students of the University College;

(o) the Alumni association; and

(p) such other members of staff of the University College or any other body formally admitted into association with the University College, as the Council may from time to time determine.

The Principal.
8. (1) There shall be a Principal of the University College who shall be appointed by the Minister on advice of the Council, and in consultation with the Chancellor. 

(2) The Principal shall be the chief executive of the University College and shall—

(a) be the academic and administrative head of the University College;

(b) have overall responsibility of the direction, organization, administration and programmes of the University College; and

(c) have such powers and duties as may be provided by the Statutes.

(3) The Principal shall hold office upon such terms and for such period as may be provided by the Statutes and shall, upon the expiration of that period, be eligible for re-appointment for one further term.

(4) Despite sub-paragraph (1), the Minister may appoint the first Principal on the recommendation of the Council of the University and the person so appointed shall be considered to be the Principal appointed under sub-paragraph (1).

The Deputy Principal.
9. (1) The Council shall, in consultation with the Chancellor appoint one or more Deputy Principals, who shall, under the general direction of the Principal, exercise such powers and perform such duties as may be provided by the Statutes.

(2) A Deputy Principal shall hold office upon such terms and for such period as may be provided by the Statutes and shall, upon the expiration of that period, be eligible for re-appointment for one further term.

Deans, directors and chairmen of faculties, etc.
10. (1) The Council shall, after a competitive process, appoint for each faculty, school, institute, centre, or a department, a Dean, Director, or a Chairman who shall be the academic and administrative head of the faculty, school, institute, centre, or department and shall, under the general direction of the Principal, have such powers and duties as may be provided by Statutes.

(2) A person appointed as Dean, Director or Chairman shall hold office upon such terms and for such period as may be provided by the statutes and shall, upon the expiration of that period, be eligible for re-appointment.

The Council.
11. (1) There shall be a Council of the University College which shall consist of—
(a) the Chairman and Vice-Chairman, both of whom shall be appointed by the Minister in consultation with the Chancellor;

(b) the Vice-Chancellor of the University;

(c) the Principal;

(d) the Deputy Principals;

(e) one person appointed by the Academic Board;

(f) the Permanent Secretary of the Ministry for the time being responsible for higher education;

(g) the Permanent Secretary of the Ministry for the time being responsible for finance;

(h) one person appointed by the Minister to represent professional associations;

(i) one persons appointed by the Minister to represent special interest;

(j) one person appointed by the Minister to represent industry; 

(k) one person nominated by the Alumni Association from among its members;

(l) two persons, one nominated by the academic staff and the other by the non-academic staff;

(m) a representative of the student organisation;

(n) not more than two persons co-opted by the Council.
 
(2) The Principal shall be the secretary to the Council.

(3) Subject to paragraph (4), a member of the Council, other than an ex officio member, shall hold office for a period of three years, but shall be eligible for re-appointment for a further term of three years.

(4) The office of a member of the Council shall become vacant—

(a) if, not being an ex officio member, he resigns his office by giving a notice, in writing, to the Principal; 

(b) if the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the functions of his office; or

(c) upon his death.

(5) Where the office of a member of the Council becomes vacant, the Principal shall forthwith notify the vacancy to the appropriate appointing authority. 

(6) The procedure, conduct and regulation of the affairs of the Council shall be determined by the Council. 

(7) The Council shall exercise prudent leadership, innovative enterprise, and good judgement in directing the University College and shall always act in the best interest of the University College.

Functions of the Council.
12. (1) Subject to this Order, the Council shall be the governing body of the University College through which the University College shall act and—

(a) shall administer the property and funds of the University College in a manner and for the purposes which shall promote the interest of the University College; but the Council shall not charge or dispose of immovable property of the University College except in accordance with the procedures laid down by the Government of Kenya;

(b) shall receive, on behalf of the University College, donations, endowments, gifts, grants or other moneys and make disbursements therefrom to the University College or other bodies or persons;

(c) shall approve the appointment criteria and the terms and conditions of service of staff;

(d) shall provide for the welfare of the staff and students of the University College;

(e) may enter into association with other universities, university colleges or other institutions of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate; and

(f) may, after consultation with the Academic Board, make regulations governing the conduct and discipline of the students of the University College.

(2) All documents, other than those required by law to be under seal, made on behalf of the Council, and all decisions of the Council may be signed under the hand of the Chairman, the Principal or any other members of the Council generally or specifically authorized by the Council in that behalf.

(3) The Council shall ensure that a proper management structure is in place and that the structure functions to maintain corporate integrity, reputation and responsibility.

(4) The Council shall monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University College.

(5) The Council shall constantly review the viability and financial sustainability of the University College, and shall do so once every year.

(6) The Council shall ensure that the University College complies with all the relevant laws, Regulations, governance practices, accounting and auditing standards.

The Academic Board.
13. (1) There shall be an Academic Board of the University College which shall consist of—

(a) the Principal, who shall be the Chairman;

(b) the Deputy Principals;

(c) the Deans of the Schools, and Directors of Institutes and Centres;

(d) the heads of the teaching departments of the University College;

(e) the Registrar in charge of academic affairs;

(f) the Librarian;

(g) the Dean of students;

(h) the Director of ICT services;

(i) one representative of each of the faculty or school boards appointed by the respective boards from among its members; and

(j) two members elected by the students’ organization,  who shall not be entitled to attend deliberations of the Academic Board on matters which are considered by the chairman of the Academic Board to be confidential and which relate to examinations, the general discipline of students, and other related matters.

(2) The Academic Board shall have the following powers and duties—

(a) to satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University College and to report its findings thereon to the Senate;

(b) to propose Regulations for consideration by the Senate regarding the eligibility of persons for admission to a course of study;

(c) to propose Regulations for consideration by the Senate regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificate or other award of the University College;

(d) to decide which persons have attained the prescribed standard of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other award of the University College and to report its decision thereon to the Senate; and

(e) to make Regulations governing such other matters as are within its powers in accordance with this Order or the Statutes.
 
(4) Despite any of the provision of this Order, the Senate shall not initiate any action in respect of paragraph (a), (b), (c) or (d) of subparagraph (2) except upon receipt of a report or proposal thereunder and the Senate shall not reject any such report, or reject or amend any regulations as proposed without further reference to the Academic Board.

Management Board.
14. (1) There shall be established a Management Board made up of the following persons—

(a) the Principal, who shall be the Chairman;

(b) the Deputy Principal for the time being in charge of finance and administration;

(c) the Deputy Principals;

(d) the Registrar in charge of administration, who shall be the secretary;

(e) the Finance Officer; and

(f) such other member of senior management as the Council may determine.
 
(2) The Management Board shall assist the Principal in the day to day management of the University College and shall, in this respect, be responsible for—

(a) the efficient management of the human, physical, and financial resources of the University College;

(b) making proposals to the Council and the Academic Board on policies that have application across the entire institution;

(c) the coordination of the University College strategic and development plans; and any other matters related to the management of the University College.

Alumni association.
15. (1) There shall be an alumni association of the University College which shall consist of graduates of the University College and such other persons as may be prescribed by the Statutes.

(2) The alumni association shall have the right to meet and discuss any matter relating to the University College and transmit resolutions thereon to the Council, the Academic Board, or the Senate, and may exercise such other functions as the Statutes may prescribe.

Staff of the University College.
16. (1) The staff of the Kirinyaga Technical Institute existing prior to the commencement of this Order including those on secondment are eligible for employment by the University College subject to appraisal by the Council in accordance with the Statutes.

(2) The academic staff of the University College shall consist of the Principal, the Deputy Principals, the Librarian and all members of staff who are engaged in teaching and research.

(3) The senior management staff of the University College shall consist of the Principal, the Deputy Principals, and the Deans of Schools and Directors of institutes and such other members of staff as the Council may from time to time determine.

(4) The administrative staff of the University College shall consist of the Registrars, the Finance Officer and such other members of staff, not being engaged in teaching or research, as the Council may, from time to time, determine.

(5) The technical staff of the University College shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, and as the Council may from time to time determine.

(6) The support staff of the University College shall consist of those staff engaged in general duties and as the Council may from time to time determine.

(7) All members of staff of the University College shall, subject to this Order, be appointed either— 

(a) in the manner and upon the terms and conditions of service prescribed by the Statutes; or

(b) in the case of a person seconded to the service of the University College from the service of another institution, the Government or any other public service, on terms and conditions agreed upon between the Council and the seconding body.

(8) The Council may, subject to such restrictions as it may impose, delegate, either generally or specially, to any person, committee, or body, the power to appoint any member of the staff of the University College.

(9) All members of staff of the University College shall—

(a) be subject to the general authority of the Council and of the Principal; and

(b) be considered to be employed in accordance with the Statutes or as otherwise specifically provided by the Statutes or by the terms of a particular appointment.

Performance of functions in absence of office holder.
17. (1) In the event of the incapacity of the Principal, the Chairman of the Council may appoint one of the Deputy Principals to carry out the functions of the Principal during the period of incapacity.

(2) In the event of the simultaneous incapacity of the Principal and the Deputy Principals, the Chairman of the Council may appoint any member of the academic staff of the University College to perform the functions of the Principal during the incapacity.

(3) In the event of the incapacity of a member of staff of the University College other than the Principal and Deputy Principals, the Principal may appoint a suitable person to perform the functions of the said officer during the incapacity.

(4)  In this paragraph ‘incapacity’ means absence from Kenya or inability, for any other reason, to perform the functions of the office concerned.

PART IV—FINANCIAL PROVISIONS

Financial year.
18. The financial year of the University College shall be the period of twelve months commencing on the 1st July and ending on the 30th June in the following year.

Investment of funds.
19. (1) The Council may invest any of the funds of the University College in securities, treasury bonds, trust funds or in any other securities which the Treasury may, from time to time, approve.

(2) The Council may place on deposit with such banks as it may determine any moneys not immediately required for the purposes of the University College.

Annual estimates.
20. (1) Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University College for that year.

(2) The annual estimates shall make provisions for all the estimated expenditure of the University College for the financial year concerned, and in particular shall provide—

(a)for the payment of the salaries, allowances and other charges in respect of the staff of the University College;

(b) for the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University College;

(c) for the proper maintenance of the buildings and grounds of the University College;

(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University College;

(e) for the funding of the cost of teaching, research and outreach activities of the University College; and

(f) for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit. 

(3) In drawing its annual estimates and development plans, the University College shall consult with the Government agency responsible for university grants.

(4) Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the Minister for approval, and after the Minister has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Minister.

(5) Expenditure shall not be incurred for the purpose of the University College except in accordance with the annual estimates approved under subparagraph (4) or in accordance with an authorization of the Council given with the prior approval of the Minister.

Accounts and audit.
21. (1) The Council shall cause to be kept all proper books of accounts of the income, expenditure and assets and of the University College.

(2) Within a period of three months from the end of each financial year, the Council shall submit to the Controller and Auditor-General, the accounts of the University College together with—

(a) a statement of income and expenditure during that year; and

(b) a statement of the assets and liabilities of the University College on the last day of that year.

(3) The accounts of the University College shall be audited by the Controller and Auditor General in accordance with the Public Audit Act (No. 12 of 2003)

(4) The Controller and Auditor-General may transmit to the Minister a special report on any matters  incidental to his powers under this Order, and section 24 (3) and (4) of the Public Audit Act (No. 12 of 2003) shall apply to any report made under this paragraph.

PART V—MISCELLANEOUS

Common seal and signification of documents.
22. (1) The common seal of the University College shall be kept in such custody and used only as the Council shall direct.

(2) The common seal of the University College shall be authenticated by the signatures of the Principal together with any other person duly authorized by the Council.

(3) The common seal of the University College when affixed to any document and duly authenticated shall be judicially and officially noticed, and, unless and until the contrary is proved, any order or authorization of the Council under this paragraph shall be presumed to have been duly given.

Statutes.
23. (1) In the performance of its functions under this Order, the Council shall, subject to this Order, make Statutes generally for the government, control and administration of the University College and for the better carrying into effect of the purposes of this Order, and in particular for the—

(a) establishment of faculties, schools, and institutes of the University College;

(b) description of degrees, diplomas, certificates, and other academic qualifications;

(c) requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications;

(d) conduct of examinations;

(e) prescribing fees and other charges;

(f) setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of the staff of the University College;

(g) constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and

(h) providing for or prescribing anything, which, under this Order, may be provided for or prescribed by Statutes.  

(2) Despite subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of the Principal or Academic Board without first ascertaining the opinion of the Academic Board.

(3) Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourths of the members present and voting, being not less than two-thirds of the total membership of the Council.

(4) Statutes or Regulations made by the Council under this Order shall not be published in the Gazette and sections 27, 31(e) and 34 of the Interpretation and General Provisions Act (Cap. 2) shall not apply to the Statutes or to the regulations.

Protection of name.
24. (1) Despite the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the words “Kirinyaga” together with words “University College” unless the application for the registration is accompanied by the written consent of the Council.

(2) Any person who except with the written consent of the Council, uses the words “Kirinyaga”   together with the word “University College” in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall be liable to a fine not exceeding one million shillings or imprisonment for a term of twelve months, or both.

Provided that nothing in this paragraph shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of a degree, diploma or certificate by the University College.

Conversion into a fully fledged university.
25. The status accorded to the University College by this Order as a constituent college of the Jomo Kenyatta University of Agriculture and Technology shall be transitional only and the University shall initiate the necessary administrative and legal measures to ensure that the University College becomes a fully fledged University.

Made on the 12th August, 2011.

MWAI KIBAKI,
President.

107-The Karatina University College (Amendment) Order, 2011

107-The Karatina University College (Amendment) Order, 2011

26th August, 2011

Legal Notice No. 107

THE MOI UNIVERSITY ACT
(Cap. 210A)

IN EXERCISE of the powers conferred by section 5 of the Moi University Act, I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, makes the following Order:—

THE KARATINA UNIVERSITY COLLEGE (AMENDMENT) ORDER, 2011

1. This Order may be cited as the Karatina University College (Amendment) Order, 2011.

L.N. 163/2010.
2. The Karatina University College Order, 2010, referred to as the “principal Order”, is amended in paragraph 3—

(a) by deleting the words “Chepkoilel Campus” appearing in paragraph (2) and substituting therefor the words “Central Kenya Campus”;

(b) by renumbering subparagraph “(2)” appearing immediately after subparagraph (2) as subparagraph “(3)’; and

(c) by deleting the words “Karatina Campus” appearing in subparagraph (4) and substituting therefor the words “Central Kenya Campus”.

3. Paragraph 8 of the principal Order is amended by deleting subparagraph (1) 
and substituting therefor the following new subparagraph—

“(1) There shall be a Principal of the University College who shall be appointed by the Minister, on the advice of the Council, and in consultation with the Chancellor”.

4. Paragraph 11 of the principal Order is amended by inserting the words “in consultation with the Chancellor” at the end of subparagraph (1) (a).

Made on the 12th August, 2011.

MWAI KIBAKI,
President.