Arrangement of Sections
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THE UNIVERSITIES (ESTABLISHMENT OF UNIVERSITIES)(STANDARDIZATION, ACCREDITATION AND SUPERVISION), RULES 1989
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THE UNIVERSITIES (ESTABLISHMENT OF UNIVERSITIES)(STANDARDIZATION, ACCREDITATION AND SUPERVISION) RULES
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THE CHARTER OF THE UNIVERSITY OF EASTERN AFRICAN, BARATON, 1991
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THE CHARTER OF THE UNIVERSITY OF EASTERN AFRICAN, BARATON
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THE CHARTER FOR THE CATHOLIC UNIVERSITY OF EASTERN AFRICA, 1992
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THE CHARTER FOR THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
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THE CHARTER FOR DAYSTAR UNIVERSITY, 1994
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THE CHARTER FOR DAYSTAR UNIVERSITY
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THE CHARTER FOR SCOTT THEOLOGICAL COLLEGE, 1997
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THE CHARTER FOR SCOTT CHRISTIAN UNIVERSITY
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THE CHARTER TO ESTABLISH UNITED STATES INTERNATIONAL UNIVERSITY, 1999
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THE CHARTER TO ESTABLISH UNITED STATES INTERNATIONAL UNIVERSITY
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THE CHARTER TO ESTABLISH AFRICA NAZARENE UNIVERSITY, 2002
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THE CHARTER TO ESTABLISH AFRICA NAZARENE UNIVERSITY
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THE UNIVERSITIES (CO-ORDINATION OF POST SECONDARY SCHOOL INSTITUTIONS FOR UNIVERSITY EDUCATION) RULES, 2004
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THE UNIVERSITIES (CO-ORDINATION OF POST SECONDARY SCHOOL INSTITUTIONS FOR UNIVERSITY EDUCATION) RULES
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THE CHARTER TO ESTABLISH KENYA METHODIST UNIVERSITY, 2006
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THE CHARTER TO ESTABLISH KENYA METHODIST UNIVERSITY
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THE CHARTER FOR PAN AFRICA CHRISTIAN UNIVERSITY
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THE CHARTER FOR PAN AFRICA CHRISTIAN UNIVERSITY
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THE CHARTER TO ESTABLISH STRATHMORE UNIVERSITY, 2008
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THE CHARTER TO ESTABLISH STRATHMORE UNIVERSITY
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THE MERU UNIVERSITY COLLEGE OF SCIENCE & TECHNOLOGY ORDER, 2008
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THE NAROK UNIVERSITY COLLEGE ORDER, 2008
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THE SOUTH EASTERN UNIVERSITY COLLEGE ORDER
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THE MERU UNIVERSITY COLLEGE OF SCIENCE & TECHNOLOGY ORDER
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THE NAROK UNIVERSITY COLLEGE ORDER
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THE SOUTH EASTERN UNIVERSITY COLLEGE ORDER
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THE MOUNT KENYA UNIVERSITY CHARTER, 2011
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THE MOUNT KENYA UNIVERSITY CHARTER
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Part I – PRELIMINARY
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Part II – ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY
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Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
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Part IV – ADMINISTRATION OF THE UNIVERSITY
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18. Officers of the University
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19. The Vice-Chancellor
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20. The Deputy Vice-Chancellor(s)
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21. Deleted by L. N 49 of 2016, s. 19.
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22. Deleted by L. N 49 of 2016, s. 19.
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23. Deleted by L. N 49 of 2016, s. 19.
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24. Deleted by L. N 49 of 2016, s. 19.
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25. Deleted by L. N 49 of 2016, s. 19.
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26. Deleted by L. N 49 of 2016, s. 19.
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27. Deleted by L. N 49 of 2016, s. 19.
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28. Deleted by L. N 49 of 2016, s. 19.
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29. Deleted by L. N 49 of 2016, s. 19.
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30. Deleted by L. N 49 of 2016, s. 19.
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31. Deleted by L. N 49 of 2016, s. 19.
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32. Deleted by L. N 49 of 2016, s. 19.
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33. Deleted by L. N 49 of 2016, s. 19.
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34. Staff of the University
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35. Students Association
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36. Alumni Association
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37. Performance of duties during the incapacity of the Vice-Chancellor and other Senior Officers
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Part V – FINANCIAL PROVISIONS
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Part VI – MISCELLANEOUS PROVISIONS
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THE AFRICA INTERNATIONAL UNIVERSITY CHARTER, 2011
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THE KENYA HIGHLANDS UNIVERSITY CHARTER, 2011
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THE KENYA HIGHLANDS UNIVERSITY CHARTER, 2011
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THE AFRICA INTERNATIONAL UNIVERSITY CHARTER
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THE KENYA HIGHLANDS UNIVERSITY CHARTER
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THE EMBU UNIVERSITY COLLEGE ORDER, 2011
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THE UNIVERSITY OF NAIROBI CHARTER, 2013
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THE UNIVERSITY OF NAIROBI CHARTER
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THE MOI UNIVERSITY CHARTER, 2013
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THE MOI UNIVERSITY CHARTER
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MOI UNIVERSITY CHARTER STATUTES OF MOI UNIVERSITY, 2013
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MOI UNIVERSITY CHARTER STATUTES OF MOI UNIVERSITY, 2013
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CHARTER FOR KENYATTA UNIVERSITY
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THE CHARTER FOR KISII UNIVERSITY, 2013
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THE CHARTER FOR MAASAI MARA UNIVERSITY, 2013
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THE CHARTER FOR KENYATTA UNIVERSITY
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THE CHARTER FOR KISII UNIVERSITY
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THE CHARTER FOR MAASAI MARA UNIVERSITY
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THE UNIVERSITIES REGULATIONS, 2014
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THE UNIVERSITIES REGULATIONS
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THE KAIMOSI FRIENDS UNIVERSITY COLLEGE ORDER, 2015
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THE ALUPE UNIVERSITY COLLEGE ORDER, 2015
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THE TOM MBOYA UNIVERSITY COLLEGE ORDER, 2016
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THE TURKANA UNIVERSITY COLLEGE ORDER, 2017
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THE TURKANA UNIVERSITY COLLEGE ORDER
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THE BOMET UNIVERSITY COLLEGE ORDER, 2017
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THE THARAKA UNIVERSITY COLLEGE ORDER, 2017
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THE BOMET UNIVERSITY COLLEGE ORDER
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THE KOITALEL SAMOEI UNIVERSITY COLLEGE ORDER, 2018
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THE KOITALEL SAMOEI UNIVERSITY COLLEGE ORDER
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THE CHARTER FOR THE UNIVERSITY OF EMBU, 2019
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THE CHARTER FOR THE UNIVERSITY OF EMBU
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THE CHARTER FOR UMMA UNIVERSITY, 2019
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THE CHARTER FOR UMMA UNIVERSITY
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THE UNIVERSITY OF EMBU STATUTES, 2020
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THE UNIVERSITY OF EMBU STATUTES
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THE KISII UNIVERSITY STATUTES, 2020
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THE KISII UNIVERSITY STATUTES
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THE NATIONAL DEFENCE UNIVERSITY-KENYA CHARTER
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THE NATIONAL INTELLIGENCE AND RESEARCH UNIVERSITY COLLEGE ORDER, 2021
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THE NATIONAL DEFENCE UNIVERSITY-KENYA CHARTER
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THE NATIONAL INTELLIGENCE AND RESEARCH UNIVERSITY COLLEGE ORDER
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THE LAIKIPIA UNIVERSITY STATUTES
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THE MAMA NGINA UNIVERSITY COLLEGE ORDER, 2021
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THE MAMA NGINA UNIVERSITY COLLEGE ORDER
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THE AGA KHAN UNIVERSITY-KENYA CHARTER
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THE KENYA ADVANCED INSTITUTE OF SCIENCE AND TECHNOLOGY ORDER
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CHARTER FOR ALUPE UNIVERSITY
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CHARTER FOR KAIMOSI FRIENDS UNIVERSITY
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CHARTER FOR KIRIRI WOMEN'S UNIVERSITY OF SCIENCE AND TECHNOLOGY
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CHARTER FOR LUKENYA UNIVERSITY
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Part I – PRELIMINARY
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Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
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3. Establishment and Incorporation of the University
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4. Vision, Mission, Philosophy and Core Values
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5. Aims, objectives and functions of the University.
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6. Establishment of Constituent Colleges
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7. Establishment of Colleges, Campuses, Faculties, Schools, Institutes and Centres
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8. Affiliation and Collaboration with other Institutions
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9. Conferment of Degrees, Grant of Diplomas, Certificates and other Awards
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10. Convocation
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11. Withdrawal of Degrees, Diplomas, Certificates and Other Awards
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Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
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Part IV – MANAGEMENT OF THE UNIVERSITY
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Part V – FINANCIAL PROVISIONS
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Part VI – MISCELLANEOUS PROVISIONS
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CHARTER FOR THARAKA UNIVERSITY
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CHARTER FOR TOM MBOYA UNIVERSITY
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CHARTER FOR ZETECH UNIVERSITY
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THE CHARTER FOR ALUPE UNIVERSITY
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THE CHARTER FOR KAIMOSI FRIENDS UNIVERSITY
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THE CHARTER FOR KIRIRI WOMEN'S UNIVERSITY OF SCIENCE AND TECHNOLOGY
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THE CHARTER FOR LUKENYA UNIVERSITY
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Part I – PRELIMINARY
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Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
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3. Establishment and Incorporation of the University
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4. Vision, Mission, Philosophy and Core Values
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5. Aims, objectives and functions of the University
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6. Establishment of Constituent Colleges
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7. Establishment of Colleges, Campuses, Faculties, Schools, Institutes and Centres
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8. Affiliation and Collaboration with other Institutions
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9. Conferment of Degrees, Grant of Diplomas, Certificates and other Awards
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10. Convocation
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11. Withdrawal of Degrees, Diplomas, Certificates and Other Awards
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Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
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Part IV – MANAGEMENT OF THE UNIVERSITY
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Part V – FINANCIAL PROVISIONS
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Part VI – MISCELLANEOUS PROVISIONS
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THE CHARTER FOR THARAKA UNIVERSITY
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THE CHARTER FOR TOM MBOYA UNIVERSITY
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THE CHARTER FOR ZETECH UNIVERSITY
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THE CHARTER FOR THE EAST AFRICAN UNIVERSITY
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THE UNIVERSITIES (ESTABLISHMENT OF UNIVERSITIES)(STANDARDIZATION, ACCREDITATION AND SUPERVISION) RULES
ARRANGEMENT OF RULES
PART I – PRELIMINARY
PART II – REGISTRATION OF EXISTING UNIVERSITIES
4. |
Registration procedure
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5. |
Preparation and effect of the register
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PART III – ESTABLISHMENT OF NEW UNIVERSITY
6. |
Eligibility and application procedure
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7. |
Proposal as to particulars and resources
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8. |
Inspection and verification of resources
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9. |
Issue and effect of interim authority
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10. |
Refund, suspension or revocation of interim authority
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PART IV – PREPARATION OF INSTITUTIONAL STANDARDS
11. |
Preparation of standards
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12. |
Evaluation of performance and supervision
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13. |
Declaration of institutional standards
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PART V – THE PROCESS OF ACCREDITATION
14. |
Criteria for accreditation
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15. |
Appointment of an Inspection committee
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16. |
Deliberations of the Commission
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17. |
Effect of accreditation
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PART VI – INSTITUTIONAL RIGHTS AND OBLIGATIONS
18. |
Rights of accredited universities
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19. |
Obligation of accredited universities
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PART VII – MISCELLANEOUS PROVISIONS
21. |
Imposition and payment of fees
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22. |
Offences and penalties
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SCHEDULES
SECOND SCHEDULE — |
STANDARDS FOR PHYSICAL FACILITIES
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THE UNIVERSITIES (ESTABLISHMENT OF UNIVERSITIES)(STANDARDIZATION, ACCREDITATION AND SUPERVISION), RULES 1989
PART I – PRELIMINARY
1. |
Citation
These Rules may be cited as the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules, 1989.
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2. |
Interpretation
In this Rules, unless the context requires otherwise—
"accreditation” means public acceptance and confirmation evidenced by grant of charter under section 12 of the Act that a university meets and continues to meet the standards of academic excellence set by the Commission;
"certificates and diplomas" means post-graduate certificates and diplomas;
"Commission” means the Commission for Higher Education established under section 3 of the Act;
"operating a university" includes conducting courses or programmes of study by any method of delivery, whether residential or distance, electronic or print, satellite or similar form of transmission;
"private university” means a university established with funds other than public funds;
"public university" means a university maintained or assisted out of public funds;
"secretariat” means the Secretary to the Commission appointed under section 5 of the Act;
"university" means any institution or centre of learning by whatever name called, or however designated, having as one of its objects the provision of post-secondary education which intends to offer or is in fact offering courses of instruction leading to the grant of certificates, diplomas and degrees, and the expression "university education" shall be construed accordingly.
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3. |
Application
(1) |
These Rules shall apply to—
(b) |
any public university other than a public university established by an Act of Parliament;
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(c) |
any university established outside Kenya; and
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(d) |
any agent or agency of such a university as is specified in paragraphs (a), (b) and (c) operating or intending to operate as or on behalf of such university within Kenya.
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(2) |
Except as may be expressly enacted to the contrary or otherwise provided, no university shall—
(a) |
advertise or continue to advertise or in any manner hold itself out to the public as a university; or
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(b) |
admit or continue to admit students to or conduct courses or programmes of instruction leading to the award of certificates, diplomas or degrees; or
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(c) |
otherwise embark upon or continue with any activity preparatory to the establishment of facilities for university education,
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after the commencement, of these Rules without the authority of the Commission or of ay other person competent to grant such authority under the Act.
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(3) |
Authority to operate in any of the ways specified in the paragraph (2) or to perform any other function consistent therewith shall not be issued except in the manner specified in these Rules.
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PART II – REGISTRATION OF EXISTING UNIVERSITIES
4. |
Registration procedure
All universities which had on the 1st August, 1985 graduated at least one class of students shall, within six months of the commencement of these Rules, or within such extended period as the Commission may in writing permit, submit to the secretariat an application for registration in Form ACC/CHE 1 set out in the First Schedule, duly completed and certified by the administrative authority of that university.
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5. |
Preparation and effect of the register
(1) |
As soon thereafter as the period of the submission of Form ACC/CHE 1 is over, the Commission shall prepare and publish, in the Gazette, a register of all universities to which rule 4 applies and in respect of which details have been received, and shall in that publication, indicate in respect of each such university whether or not all particulars set out in the Form have been supplied.
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(2) |
Any university which does not appear in the register prepared under paragraph (1) or whose particulars are incomplete in any respect whatsoever, or to which rule 4 does not apply shall, from the date of publication of that register, cease to operate, or to perform functions consistent with those of a university.
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(3) |
Notwithstanding paragraph (2), the Commission may, where good cause is shown, the onus whereof shall lie upon the applicant, permit a university whose particulars as entered in Form ACC/CHE 1 are incomplete, to operate for a further period of three months whereupon the university shall, unless all particulars are supplied cease to operate.
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(4) |
All universities appearing in the register whose particulars are complete in terms of paragraphs (1) or (3) shall be issued with a certificate of registration in Form ACC/CHE 2 set out in the First Schedule bearing the seal of the Commission and such certificate shall constitute authority to continue operations until such time as it is suspended or revoked or until accreditation is granted in the manner set out in Part V.
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(5) |
The provisions of rule 10(1)(b) shall apply, mutatis mutandis, in respect of the suspension or revocation of a certificate of registration under this rule as they apply to the suspension or revocation of a letter of interim authority under that rule.
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(6) |
Subject to Part III it shall be an offence for any person to administer or otherwise perform any function in furtherance of the aims and objects of a university whose operations have ceased in terms of paragraphs (2) and (3) of this rule.
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PART III – ESTABLISHMENT OF NEW UNIVERSITY
6. |
Eligibility and application procedure
(1) |
The following shall be eligible to apply to the Commission for authority to establish a university or, as the case may be, to constitute itself into a university in turns of this Part—
(a) |
(i) |
intends to be or is a sponsor of a university not being a university to which rule 3 applies; or |
(ii) |
is a corporate body having as one of its objects the provision of university education; |
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(b) |
any post-secondary institution intending to provide university education.
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(2) |
Any person or institution eligible to apply for authority to establish or constitute itself into a university under this rule shall do so by submitting to the secretariat an application in Form ACC/CHE 3 set out in the First Schedule, duly completed and certified by him or on its behalf by a person competent to do so.
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7. |
Proposal as to particulars and resources
(1) |
An application under rule 6(2) shall be accompanied with a proposal setting out—
(a) |
the proposed name, location and academic character of that university;
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(b) |
the aims and objects consistent with the needs of university education in Kenya for which the university is to be established;
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(c) |
the form of governance through whim the academic and administrative affairs of the university are to be conducted;
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(d) |
in outline, the academic programme or programmes intended to be conducted at that university;
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(e) |
the academic resources (including finances, staff, library services and equipment) appropriate to and adequate for the proposed academic programme or programmes to be conducted at that university which have been or can be procured and the manner in which these will be maintained on a long term basis; and
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(f) |
a timetable indicating the steps expected to be taken in the next three years towards the realization of the aims and objects for which the university is to be established.
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(2) |
The Commission shall not process any application under rule 6(2) unless the requirements of paragraph (1) of this rule are complied with.
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8. |
Inspection and verification of resources
(1) |
The Commission shall schedule a meeting or series of meetings with all applicants whose proposals are received at which examination of the available documentation or evidence in respect of the resources indicated therein shall be made and verified.
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(2) |
The Commission may, if it is not satisfied with the documentation presented by an applicant, order a detailed and independent evaluation of the resources expected to be made available and shall, in that connection have power to order the production of such further information or documentation as would enable it to make a proper assessment of the matter.
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(3) |
All costs associated with the verification and evaluation of resources under this rule shall be borne by the applicant.
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9. |
Issue and effect of interim authority
(1) |
Where after a full deliberation on the merits of each application the Commission is satisfied that—
(a) |
the particulars given under rule 7(1) do not in any way reproduce or otherwise duplicate those of an existing or prospective university;
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(b) |
the resources declared under rule 7(1)(e) are available or are likely to be available;
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(c) |
the applicant is following realistic plans to achieve the aims and objects for which the university is to be established;
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(d) |
the university when established is like to attain and maintain standards, set out in Part IV on a long-term basis; and
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(e) |
the establishment of the university is in the interest of university education in Kenya,
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it may accept the proposal and issue a letter under seal In Form ACC/CHE 4 set out in the First Schedule canniness an interim authority to operate in the manner specified in paragraph (2) until such time as it is suspended or revoked, or ten is granted in the manner set out in Part V.
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(2) |
A letter in Form ACC/CHE 4 shall authorize the person or institution named therein to make preparation towards the implementation of the proposal accepted under rule 9 paragraph (1) and, in particular to—
(a) |
set up a governing body for the university intended to be established;
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(b) |
commence or continue the development of physical facilities;
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(c) |
commence or continue assembly of academic resources;
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(d) |
advertise the programme or programmes of instruction expected to be conducted at that university; and
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(e) |
admit students to such programme or programmes as the Commission may specify.
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(3) |
The name and particulars of every university in respect of which a letter of interim authority is issued under this rule shall be published in the Gazette.
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10. |
Refund, suspension or revocation of interim authority
(1) |
(a) |
refuse to issue a letter of interim authority if it is satisfied that the person or institution who has applied for it is unlikely to procure the academic, physical and other resources necessary for the establishment of a viable university;
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(b) |
by notice published in the Gazette, suspend or revoke such a letter if—
(i) |
the person or institution named therein has not within two years of issue made substantial progress in respect of the matters set out in rule 9(2) or notifies the Commission of his or its intention not to proceed with the establishment of a university, or is, in any event, patently incapable of complying with the standards set out in Part IV; or |
(ii) |
in the opinion of the Commission such fundamental changes have since occurred that had such changes been in existence at the time of its deliberations under rule 9(1) the letter would not have been issued: |
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Provided that the Commission shall, in all cases of suspension, indicate the steps which the holder of that letter must take before interim authority can be restored.
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(2) |
In all cases where a letter of interim authority is refused or revoked under this rule, the Commission shall not entertain any subsequent application by the same person or institution, or in respect of the same or substantially similar proposal within two years of that refusal or revocation unless good cause is shown, the onus whereof shall lie upon the applicant.
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(3) |
The provision of rule 5(6) shall apply, mutatis mutandis, in the event of a refusal to issue or revocation of an interim authority under this rule as they apply in respect of universities whose operations have ceased under that rule.
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PART IV – PREPARATION OF INSTITUTIONAL STANDARDS
11. |
Preparation of standards
(1) |
The Commission shall prepare and publish in the Gazette a set of standards (herein referred to as "institutional standards") governing the performance, operations and general conduct of all universities authorized to operate under these Rules and copies thereof shall be made available at cost to any member of the public desirous of obtaining one.
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(2) |
Notwithstanding the generality of paragraph (1), the institutional standards shall, in particular, set out—
(a) |
the minimum entry requirements for admission to any certificate, diploma or degree programmes being or to be offered at such university;
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(b) |
the minimum number and duration of programmes at the certificate, diploma or degree level that ought to be offered;
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(c) |
thee minimum and maximum number of students which must enrolled in each programme before it can be offered or efficiently maintained;
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(d) |
the standards of proficiency assessed in terms of content and contact hours, which students are expected to attain in respect of a certificate, diploma, or degree programme;
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(e) |
the level of academic training which persons seeking recruitment into the teaching staff of the university at the certificate, diploma or degree level should possess;
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(f) |
detailed specifications concerning the space requirements and concomittant services for each size class and for the absolute number of students expected to be enrolled in, or activity to be carried out in an institution providing university education and services; and
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(g) |
the basic ethical standards that should regulate the conduct of all members of the university.
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(3) |
The Commission may, at the request of each university, indicate the specific steps to be taken towards the attainment of the standards referred to in paragraph (2).
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12. |
Evaluation of performance and supervision
(1) |
Every university authorized to operate under these Rules shall, as long as such authority is in force, prepare and submit to the Commission—
(a) |
an annual report of its activities in each year of operation; and
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(b) |
a detailed evaluation every three years of the steps it has taken towards the achievement of the aims and objects for which it was established.
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(2) |
The Commission shall discuss all reports submitted pursuant to paragraph (1) and may make such comments or give such other instructions thereon for action by the university concerned.
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(3) |
Comments made or instructions given by the Commission in accordance with paragraph (2) shall specify whether or not the institutional standards published under rule 12 (1) are being complied with.
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13. |
Declaration of institutional standards
(1) |
The institutional standards contained in the Second Schedule are declared to have been prepared and published in accordance with rule 11 (1).
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(2) |
The Commission may add to, delete or otherwise amend the contents of the Second Schedule provided, however, that any amendment made in accordance with this paragraph shall be published in the Gazette.
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PART V – THE PROCESS OF ACCREDITATION
14. |
Criteria for accreditation
(1) |
Any university, being the holder of a certificate of registration or letter of interim authority issued in accordance with these Rules, may apply to the Commission for accreditation in the manner set out in these Rules provided that—
(a) |
the certificate or letter—
(i) |
has been held for at least three years or for such other period as the Commission may in particular cases determine, whichever is the shorter period; and |
(ii) |
has not been suspended or revoked; and |
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(b) |
the most recent assessment of the universities self-evaluation conducted under rule 12(1)(b) indicates that the Commission is satisfied with the progress so far made in the design, implementation, or maintenance of an academic and administrative system acceptable in terms of the institutional standards prescribed under these Rules, and relevant to the needs of university education in Kenya.
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(2) |
An application for accreditation shall, in addition to any other details the Commission may in each case specify, be accompanied with—
(a) |
a draft charter containing the particulars required to be supplied by private universities under section 13 of the Act;
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(b) |
(i) |
a list and academic qualifications of all members of staff on or expected to be on full-time employment with the university; |
(ii) |
a list of the total number of students that have been enrolled in each programme of instruction being offered at the university; |
(iii) |
a statement of the size and quality of the library and equipment which have been developed for each programme being and to be offered at the university; |
(iv) |
a statement of the financial resources that are available for the exclusive use of the university, certified by a person qualified to practise under the Accountants Act (Cap. 531); and |
(v) |
an inventory of the physical facilities including land that are available for the exclusive enjoyment of the university. |
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15. |
Appointment of an Inspection committee
(1) |
The Commission shall, before considering any application under rule 14, appoint an inspection committee with the power—
(a) |
to make enquiry into and for the purposes of ascertaining the veracity or otherwise of the particulars submitted under rule 14(2)(b);
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(b) |
to make enquiry into the general academic, administrative and social affairs of the university; and
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(c) |
make such other investigations of relevance to the application as it may deem necessary.
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(2) |
The inspection committee shall submit a factual and evaluative report to the Commission within six months of the date of its appointment.
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16. |
Deliberations of the Commission
(1) |
As soon as the report of the inspection committee appointed under rule 15(1) is received, the Commission shall consider all the documentation relevant to the application and shall indicate what revisions or amendments, if any, the university concerned should be required to make before the merits thereof are assessed.
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(2) |
Where after a full deliberation on the merits of each application the Commission is—
(a) |
(i) |
the draft charter as submitted or amended forms a sound basis for the academic and administrative organization of the university; and |
(ii) |
the university has effectively organized adequate human, physical, financial and other resources into an educational programme comparable to that of similar institutions authorized to operate in Kenya, |
it shall recommend to the Minister that the university be accredited.
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(b) |
not satisfied in the manner indicated in subparagraph (a), it shall refuse to recommend accreditation.
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(3) |
The provisions of rule 10(2) shall apply, mutatis mutandis, in respect of the refusal to recommend accreditation under this rule as they apply to the refusal or revocation of interim authority under that rule:
Provided that the Commission shall not accept or entertain any application under this paragraph if that application has twice been considered and refused.
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17. |
Effect of accreditation
(1) |
In addition to the status conferred by reason of publication under section 14 of the Act, the certificates, diplomas and degrees conferred in respect of programmes of instruction offered in or by a university to which accreditation has been granted under these Rules and the Act shall be recognized as of comparable and equivalent merit to similar certificates, diplomas, and degrees awarded in respect of programmes offered in and by public universities in Kenya.
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(2) |
The provisions of paragraph (1) shall extend and apply to all certificates, diplomas and degrees conferred by any university before the grant of accreditation as aforesaid provided that authority to operate under any of the provisions of these Rules had at no time been revoked or suspended before such grant.
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(3) |
The Commission shall, in respect of all certificates, diplomas and degrees not covered by the provisions of paragraphs (1) and (2) establish a committee to advise on whether or not the same should be recognized in terms of those sections.
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(4) |
Where after a full deliberation on the merits of each case transmitted to it under subparagraph (3), the Commission is satisfied that the certificates, diplomas or degrees in issue ought to be recognized, it shall publish a notice to that effect in the Gazette and such notice shall be irrevocable.
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|
PART VI – INSTITUTIONAL RIGHTS AND OBLIGATIONS
18. |
Rights of accredited universities
(1) |
Subject to rule 19, every university to which accreditation is granted under these Rules and the Act shall have full autonomy in the administration of its academic affairs and shall, so long as the same is not suspended or revoked, be under no obligation to accept instructions from any person or authority unless the same is expressly stipulated in its charter.
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(2) |
Notwithstanding the generality of paragraph (1) but subject thereto, an accredited university shall have the right—
(a) |
to determine who may teach and what may be taught and how it may be taught; and
|
(b) |
to decide which persons have attained such standards of proficiency as make them fit to be granted a certificate, diploma, degree or other award of the university.
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|
|
19. |
Obligation of accredited universities
(1) |
Every accredited university shall—
(a) |
(i) |
that the institutional standards prescribed under Part IV are, at all times, maintained; |
(ii) |
that all lawful instructions issued by the Commission or any other authority empowered to do so under the Act are complied with; and |
(iii) |
that no new programmes of instruction are mounted and regulations in respect thereof effected without the prior consent of the Commission. |
|
(b) |
submit to such other modes of supervision including inspection and visitation and at such intervals as may be determined by the Commission.
|
|
|
20. |
Variation of charter
(1) |
A charter issued as evidence of accreditation to any university may be varied or revoked in the manner specified in section 16 of the Act.
|
(2) |
Subject to section 16(3) of the Act, the provisions of rule 10(1)(b) shell apply, mutatis mutandis, in the event of a revocation of a charter under the Act as they apply in respect of universities whose operations have ceased under that rule.
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|
PART VII – MISCELLANEOUS PROVISIONS
21. |
Imposition and payment of fees
(1) |
The fees specified in the second column of the Third Schedule shall be paid in respect of matters specified in the corresponding entry in the column of that Schedule.
|
(2) |
Unless the Commission otherwise agrees, fees in all cases shall be paid in cash.
|
(3) |
Fees once paid shall not be refunded.
|
|
22. |
Offences and penalties
(1) |
Any person found guilty of an offence under these Rules shall be liable to a fine not exceeding six thousand shillings or imprisonment for a term not exceeding twelve months or to both.
|
|
23. |
Appeals
(1) |
Any person or institution who or which is aggrieved by an act or decision of the Commission taken in accordance with any of the provisions of these Rules, who desires to question that act or decision, or any part of it may, within thirty days of the date of such act or decision, appeal to the Minister who may give such orders or instructions as he may consider necessary.
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(2) |
Notwithstanding the provisions of paragraph (1) the Minister shall not act on any appeal under this rule without further reference to the Commission.
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(3) |
Any order, instruction or other decision made or issued by the Minister in accordance with this rule shall be final
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|
FIRST SCHEDULE
FORMS
APPLICATION FOR REGISTRATION OF AN EXISTING UNIVERSITY
1. |
Name of university ................... Location(s) ..................
|
2. |
Address ................................ Telephone ...........................
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3. |
Name and designation of chief administrator ...........................
|
4. |
Governing body .......................................................
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5. |
Address of governing body .......................................
|
6. |
Principal academic focus or discipline ........................
|
7. |
Number and type of programmes (i.e. certificates, diplomas, degrees):
(a) ...................................................................
(b) ....................................................................
(c) ....................................................................
|
8. |
Principal research focus ...........................................................
|
9. |
Names and qualifications of staff employed:
Permanent .......................................................
Part-time ..........................................................
|
10. |
Number of students ..................................................
|
11. |
Residential capacity for students ...............................
|
13. |
Library capacity ............................................ (volumes)
|
14. |
Other facilities (specify) ..................................................
I hereby make application for the registration of the above university under rule 4 of the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules, 1989:
Name ................................................................
Designation .......................................................
Signature ...........................................................
Full postal address..............................................
...........................................................
...........................................................
...........................................................
FORM ACC/CHE 2
[Rule 5.]
|
CERTIFICATE OF REGISTRATION OF AN EXISTING UNIVERSITY
This is to certify that—
Name of university ..............................................................
Administered or governed by .................................................
Postal address ..................................... Telephone ..............................being a university which had on 1st August, 1985, graduated at least one class of students is hereby registered and, by virtue thereof, authorized by the Commission to continue operations in accordance with and subject to the Universities Act (Cap. 210A), and the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules, 1989.
Registration Number ......................................................
Gazette Notice Number .................................................
Date ..............................................................................
Dated this .................................. day of ........................ 19........
FORM ACC/CHE 3
[Rules 6 and 7.]
APPLICATION TO ESTABLISH A UNIVERSITY
1. |
Name of applicant ...................................................................
|
2. |
Address ............................ Telephone .....................................
|
3. |
Name of proposed university ...................................................
|
4. |
Proposed location(s) ...............................................................
|
5. |
Proposed principal academic focus or discipline ......................
.....................................................................................................
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6. |
Proposed programmes (i.e. certificates, diplomas, degrees):
(a) ...............................................................
(b) ...............................................................
(c) ...............................................................
I hereby make application for authority to establish a university under rule 6 and attach herewith the proposal required by rule 7 of the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules, 1989.
Name ........................................................................
Designation ..............................................................
Authorized signature ................................................
Full postal address ..................................................
.................................................
.................................................
.................................................
FORM ACC/CHE 4
[Rule 9.]
|
LETTER OF INTERIM AUTHORITY TO ESTABLISH A NEW UNIVERSITY
Interim Authority is hereby given to—
Name .............................................................
Address .................................Telephone......................
to commence preparations for the establishment of a new university in accordance with rule 9 of the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules, 1989.
Application No. ...........................................................
Gazette Notice No. ....................................................
Date ............................
Dated this .............. day of .................... 19 ..........
SECOND SCHEDULE
STANDARDS FOR PHYSICAL FACILITIES
1. |
These Standards may be cited as the Physical Facilities Standards.
|
2. |
In these Standards, unless the context otherwise requires—
“a recognized water laboratory” means a laboratory registered with or belonging to the Public Health Department of the Ministry of Health, Ministry of Water Development, or any other public institution, person or organization duly authorized by the Government of Kenya to undertake water analysis;
"adequate" means sufficient in relation to any set guidelines or requirements;
"adequate water supply” means water in such quantities as would permit maintenance of a reasonable level of personal and environmental hygiene;
"Building Code" means the Local Government (Adoptive By-laws) (Building) Order, 1968, and the Local Government (Adoptive By-laws) (Grade II Building) Order, 1968;
"classroom” means a room accommodating several students for the purposes of instruction;
"departmental areas" means offices occupied by teaching, administrative and secretarial staff of a teaching department of a university;
"full time students equivalent" (FTSE) means a number of hours of teaching required by one student to fulfil the requirements of the course in an academic year;
"masterplan” means a programme of a university showing the order of development of physical and academic aspects for a given period of time;
"physical facilities” means any structure fixed or movable or of whatever kind and any part thereof used or intended to be used for teaching, lecturing or Instructing or as a dwelling house or for recreational and all ancillary facilities thereto including drainage works, services installations and road works;
"reader station” means space occupied by a student in a library;
"relevant local authority” means a city council, county council. municipal council or such local authority under whose jurisdiction a university is situated;
“research” means an investigative study of any physical, biological or social phenomenon through a systematic approach;
“research area” means a facility where research is carried out;
“residential area” means a facility where research is carried out;
"residential university” means a university in which ten or more students are boarded;
"safe water supply” means a supply of water free from any contamination;
"sewage" means spent water eminating from toilets;
"student" means a person enrolled to pursue a degree, diploma or certificate course;
"site works" means a place where construction activities are carried out;
"surface water" means any ground water, subsoil water, storm water or rain water which discharges on the ground surface;
"utility services” means any service that is connected to any building or living space through pipe or wire network for helping to convey fluids, energy and messages, in and out of any building or living space;
"waste water" means any water after it has been fouled by a variety of uses and which constitutes a combination of liquid and water carried wastes, emanating from residences, toilets, kitchens, laundries, laboratories and workshops.
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3. |
These Standards shall apply to—
(a) |
all buildings or parts of buildings purposely designed and constructed for university use;
|
(b) |
any alterations and extensions of university buildings or parts of the buildings;
|
(c) |
all buildings undergoing material change of use into university buildings; and
|
(d) |
all related utility services installations, and site works for a university.
|
|
4. |
These Standards are prescribed in respect of the following factors—
(a) |
(i) |
application of by-laws, the Building Code and the Public Health Act (Cap. 242); |
(ii) |
materials used in the building; |
(iii) |
building lighting, ventilation and sound proofing; |
(iv) |
building hygiene and sanitation; |
(v) |
water supply and waste disposal. |
|
(b) |
(i) |
structural soundness and stability; |
(ii) |
fire safety—fire resistance, fire protection and safety precaution, fire fighting and fire escape. |
|
(c) |
(i) |
building facilities including classrooms and lecture theatres, staff offices, research areas, seminar rooms, laboratories, workshops, studios, clinics, libraries, students residences, staff residences, communal and social services areas such as worship, kitchen, dining, common rooms, recreational facilities; |
(ii) |
utility and other services including water supply, power, telephone, external drainage and waste water services, access roads, parking and appropriate landscaping; |
(iii) |
land including requirements and location ownership and tenure. |
|
(d) |
(i) |
the minimum size and floor areas for various buildings; |
(ii) |
the minimum unit numbers of various types of buildings; |
(iii) |
the locational relationship of various facilities. |
|
|
PART II - MINIMUM STANDARDS
5. |
Every university shall provide the following physical facilities to accommodate its activities—
(a) |
classrooms or lecture rooms;
|
(b) |
departmental areas, staff offices and seminar rooms;
|
(c) |
central administration offices;
|
(e) |
auditorium or lecture theatre,
|
(g) |
student common rooms with indoor recreation facilities;
|
(h) |
outdoor recreation facilities in form of games or sports facilities;
|
(i) |
drainage system, proper sanitation and water supply;
|
|
6. |
Every residential university, shall, in addition to facilities to be provided under paragraph (4) provide the following physical facilities—
(a) |
kitchen and dining facilities;
|
(b) |
student accommodation, including adequate laundry and storage facilities.
|
|
7. |
Every building used or intended to be used as part of the university physical facility shall comply with the requirements of the Building Code and provisions of the Public Health Act (Cap. 242), in particular—
(a) |
the minimum requirements for health and safety of the public to which the premises of every university shall conform shall be those prescribed by the Local Government (Adoptive By-laws) Order, 1968, Group I or any amendments thereof, the Public Health Act and the requirements prescribed in the Schedule;
|
(b) |
any building designed and constructed for use as university building or any building altered or extended so as to be used as a university building or any building which has undergone material change of use into university building must be approved by the relevant local authority;
|
(c) |
all buildings and other physical facilities used by a university evidence of—
(i) |
approval of drawings of the proposed buildings; |
(ii) |
approval of alterations or extensions, if any; or |
(iii) |
approval of proposed change of user if any; and |
(iv) |
a certificate of occupation for the newly constructed or altered buildings. |
|
|
8. |
Every university shall operate in physical facilities that are safe for the public and in particular—
(a) |
all buildings and other physical facilities used by a university to accommodate university activities shall be serviceable and functional;
|
(b) |
the buildings shall be kept in a good state of repair and maintenance and shall be free from structural failures, excessive deflection, cracking or dilapidation of building material fabric and components.
|
|
9. |
Every university which erects or causes to be erected a building or any other structure intended to accommodate university activities shall employ, for the purposes of architectural design a registered architect and for the purposes of structural design thereof, a registered structural engineer, and shall retain the services of such architect or structural engineer for the purposes of supervising the erection of such building and in particular—
(a) |
on completion of construction of such building the architect or structural engineer shall provide a certificate that the work or works have been carried out in accordance with the design and that it complies in all respects with the provisions of the building code and the appropriate codes of practice;
|
(b) |
all drawings in respect of the structural framework of steel buildings, reinforced concrete buildings or structural timber buildings and calculations connected therewith, shall be signed by the registered structural engineer responsible for their design;
|
(c) |
where a university causes the erection of a building or structure of the type described in this paragraph it shall, in addition, employ on the site throughout the period of the construction a resident engineer who is capable of reading and interpreting the relevant project working drawings showing details of the design and of ensuring that the work is carried out in accordance with drawings and with the requirements of Building Code.
|
|
10. |
The standards specified in paragraph 8 shall apply to—
(a) |
any building or structure of two storeys or more or in which provision may be made for future development of such number of storeys;
|
(b) |
any building or structure of whose storey height from ground floor to eaves level or ceiling is over 6 metres and with roof span greater than 10 metres;
|
(c) |
any building or structure in which any suspended structural floor panel beam or frame exceeds 6 metres in span;
|
(d) |
any building or structure in which a balcony is provided for purposes of public assembly.
|
|
11. |
(1) All buildings and other physical facilities used by a university to accommodate university activities shall provide adequate fire safety.
|
(2) |
All buildings and other physical facilities shall conform to the requirements of the Building Code, the Public Health Act and other standard practices with regard to fire resistance, means of fire escape, access from fire escape and fire fighting equipment.
|
12. |
(1) All buildings used for university activities shall be provided with adequate, reasonable and easily accessible means of escape in the event of fire.
|
(2) |
All means of fire escape shall be properly maintained and kept free from any obstruction.
|
(3) |
For the purposes of this paragraph the guidelines given for Building Groups (I), (II) and (III) and (VI) specified in the appendix to the Sixth Schedule of the Building Code shall apply.
|
13. |
In every building used by a university as a classroom, lecture theatre, seminar room, auditorium, laboratory, library, dormitory or residential hall, there shall be provided adequate fire fighting equipment such as hosereels, portable fire extinguishers, fire buckets, dry risers, fire hydrants, sprinklers, and water storage tanks.
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14. |
Where a university is located outside the area covered by Government or local authority fire station, a central fire fighting unit shall be located in a purpose built station forming part of the university service area; and the equipment for the fire station shall be provided by the university for its use.
|
15. |
Every university shall be provided with a water supply system for fire fighting; and the water supply needs for emergency fire fighting purposes shall be drawn through the main water supply distribution system via a series of underground hydrants located at regular intervals throughout the site of the university.
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PART IV - ACADEMIC BUILDING FACILITIES
16. |
Every university shall provide classrooms which are adequate in number and shall be of adequate size; and in establishing the adequacy of classrooms, the minimum floor area per student specified in Table 1 shall be provided.
Table 1. Minimum classroom floor area per student
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17. |
The total usable space provided for classrooms shall be at the minimum rate of 0.65 square metre per full time students equivalent; and the university shall have enough classrooms for every course, provided that there shall be a minimum of two classrooms to each three year course of study.
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18. |
Every room used as a classroom shall be of sound construction and shall be provided with windows the effective area of which shall not be less than 20 per cent of the floor area of the room and 75 per cent of the window area shall be openable to the external air.
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19. |
No room used as a classroom shall have a height of less than 2.60 metres from floor to ceiling, or where there is no ceiling to the wall plate.
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20. |
Every room used as a classroom shall be provided with adequate, well illuminated writing surface at each seat and a place to set books and papers.
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21. |
Every university shall provide adequate room to accommodate academic and non-academic staff offices and seminar rooms and in determining the adequacy of departmental areas, the following factors shall be taken into consideration—
(a) |
the total usable space provided for use as departmental areas shall be not less than those specified in the following Table 2—
|
Table 2 — Minimum departments usable areas per FTSE
(b) |
the departmental offices shall comprise of the following minimum number of offices—
(i) |
one departmental office; |
(ii) |
one head of department office; |
(iii) |
one secretary's office; |
(iv) |
one general office for a staff secretary; |
(iv) |
one office for every member of academic staff; |
|
(c) |
academic and non-academic member of staff offices shall have the following minimum floor areas—
(i) |
head of department and professors: 18 square metres, |
(ii) |
academic staff: 13 square metres, |
(iii) |
non-academic staff: 7 square metres. |
|
|
22. |
A university shall provide adequate central administration offices to accommodate the head administrator and support staff of the university and each constituent college; and in assessing the adequacy of administration offices the following factors shall be taken into account—
(a) |
the total office care provided for use by administrative staff shall not be less than 0.55 square metre of usable office square for every full time student equivalent enrolled, provided the minimum total office space provided for the university's central administrative is 50 square metres;
|
(b) |
no room used as an administrative office shall be less than seven (7) square metres in area;
|
(c) |
the administrative offices shall be conveniently accessible from the main entrance to the campus so as to serve as the logical reception point for special guests as well as general visitors arriving at the campus.
|
|
23. |
Every university shall provide the following functional library areas whose adequacy shall be assessed on the basis of the following floor area criteria—
(a) |
the main reader area shall be equal to 30 per cent of FTSE and each reader station shall not be less than 1.90 square metres;
|
(b) |
each stack area shall be at least 10.75 square metres in extent per 1,000 volumes;
|
(c) |
the periodicals and reference section entail be 10.75 square metres in extent per 1,000 volumes;
|
(d) |
the minimum collection for university shall be 30 volumes per full time student for the first 5,000 full time students plus 20 per full time student for every student above 5,000 per constituent college library and 100 volumes per full time student for first 10,000 full time students for a university library;
|
(e) |
the library staff and services areas shall constitute between 18 per cent to 25 per cent of the combined stack and reader floor area;
|
(f) |
the library shall have adequate natural lighting and ventilation and in particular, the library shall be provided with windows, the effective areas of which shall not be less than 20 per cent of the floor area of the room and 75 per cent of the window area shall be openable to the external air;
|
(g) |
from a functional point of view the minimum ceiling heights of various user spaces in the library shall conform to the specifications contained in the following Table 3—
|
Table 3 — Minimum ceiling heights
(h) |
the library shall conform to the requirements for buildings in Group 1B, of the Sixth Schedule of the Building Code;
|
(i) |
every building used as a library shall provide sufficient doorways to ensure rapid exit in case of fire or other emergency.
|
|
24. |
Every university shall provide a building facility for public lectures or general assembly which shall be in form of an auditorium, a large lecture theatre or an assembly hall conforming to the following specifications—
(a) |
the assembly hall or auditorium shall provide adequate seating capacity for 50 per cent of the total student population enrolled, provided that the assignable space per seat shall conform to the specifications contained in the following Table 4—
|
Table 4 — Minimum space per seat in auditorium, lecture theatre and assembly hall
(b) |
the assembly hall or auditorium shall conform to the requirements for buildings in Groups IV and V in the Sixth Schedule of the Building Code.
|
|
PART IV - TEACHING LABORATORIES, HOSPITALS, WORKSHOPS AND STUDIOS
25. |
A university conducting courses requiring the use of laboratories as part of instructional facilities shall, in addition to providing classrooms and lecture theatres provide adequate laboratory facilities.
|
26. |
In assessing the adequacy of laboratory facilities the following shall be taken into account—
(a) |
the provision of adequate laboratory facilities in close proximity to classroom or other teaching facilities;
|
(b) |
the provision of room for instructional workstations and each workstation per student conforming, where possible to the specifications contained in the following Table 5—
|
Table 5 — Laboratory assignable space per FTSE
(c) |
the provision of storage, and preparatory rooms and a laboratory office;
|
(d) |
proper location in relation to other facilities such that the laboratory is easily accessible;
|
(e) |
the provision of the following service facilities—
(i) |
adequate windows which open to outside air in order to provide proper ventilation; |
(ii) |
fume cupboards and fume hoods m the preparation and storage rooms; |
(iii) |
standard table top electrical service outlets for the instructor's table and for each pair of students workstation; |
(iv) |
adequate lighting free of flare from exterior sunlight, |
(v) |
surface treatment of floors, walls and ceiling to reduce noise; |
(vi) |
a sink with hot and cold water service installation for the instructor's table and for each pair of students workstation; |
(vii) |
gas for the instructor's table and for each pair of students workstation; |
|
(f) |
the provision of the built-in furniture and equipment—
(i) |
at least one Instructor's table measuring 2000 x 300 x 760mm. high, |
(ii) |
at least one student table of minimum size 1500 x 560 x 760mm. high for each pair of students workstation with adequate bench or stools or chairs, |
(iii) |
chalkboard or tackboard, wall mounted, |
(iv) |
at least one corrosion resistant sink and eye-wash fountain. |
|
|
27. |
A university offering medical courses shall have the necessary basic pre-clinical sciences together with the laboratory requirements specified in paragraphs 24 to 25 plus any specialized provisions for anatomy and pathology; and the university shall also have or secure access to a teaching hospital easily accessible to students and equipped with the usual outpatient and inpatient facilities covering all specialization in medicine, surgery, obstetrics and gynaecology, paediatrics, community health, as well as support facilities such as X-ray, radiotherapy, anaesthetics and pathology, accessible to medical students:
Provided that where the hospital is not the property of the relevant university, adequate legal and administration arrangements shall be made in respect of such access.
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28. |
The hospital shall have the necessary resources (human, physical, technical and financial) to meet professional and academic requirements.
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29. |
The design of the teaching hospital shall conform to the requirements of the Ministry of Health in providing relevant health services; and in addition, the hospital buildings shall conform to the requirements for buildings under Group II of the Sixth Schedule of the Building Code.
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30. |
A university offering Fine Art shall have a studio for drawing from life, general drawing, basic design painting, ceramic and film room; and it shall also have graphic photography print making studio, life painting, composition/still life studios; textile design and weaving, and sculpture studios and the university shall also have—
(a) |
a ceramic glaring and testing laboratory, glass design and technology, silver sniffling and jewellery and museology laboratory;
|
(b) |
workshop space for modelling casting and woodcarving;
|
(c) |
space for sculpture, garden, outdoor wood burning kilns and such other facilities as may be specified by the Commission;
|
(d) |
studio spaces and drafting room with adequate lighting;
|
(e) |
photogrammetic laboratory;
|
(f) |
remote sensing laboratory;
|
(h) |
hydrographic laboratory workshop;
|
(j) |
photographic laboratory or workshop.
|
|
31. |
A university offering Urban and Regional Planning shall have adequate studio space for every year of study and the university shall also have a model making workshop.
|
32. |
A university offering Building or Building Technology shall have studio space for every year of study and the university shall also have—
(a) |
for every year of study, workshops for carpentry and joinery, mechanical works and welding, masonry and concrete works and electrical wiring and building services;
|
(b) |
laboratory space for each course of study for materials sciences, structures and services;
|
(c) |
spaces for demonstration units in various building construction techniques.
|
|
33. |
The facilities specified in paragraphs 29 and 31 may be shared between years of study and between courses or they may be assigned on the basis of faculties.
|
34. |
A university offering Architecture shall have design studios for each class with adequate individual workspace at the rate of 2.5 square metres per work station and the university shall also have—
(a) |
a modelling workshop with equipment enough for at least two class years;
|
(b) |
an architectural science laboratory with sufficient equipment;
|
(c) |
a photographic laboratory;
|
(d) |
one material testing workshop;
|
(e) |
one wood working workshop;
|
(f) |
spaces within the overall premises of the department for external activities such as those required for workshops fabrication and for erection of building components and for testing their exposure of weather activities.
|
|
35. |
A university offering Home Economics shall have laboratories consisting of the following user areas—
(a) |
food analysis to the extent of 5 square metres per student workstation;
|
(b) |
food storage and preparation to the extent of 1.5 square metres per student workstation;
|
(c) |
sewing and crafts to the extent of 4 square metres per student workstation;
|
(d) |
sewing and craft storage and dressing to the extent of one square metre per student workstation;
|
(e) |
child development with its own storage room, office, open play, cleaning up and observation rooms.
|
|
36. |
Every food laboratory shall be provided with installations adequate for instructions in food preparation, cooking and services using a variety of cooking energy sources: electricity, gas and wood. Home care laboratories shall also be equipped with laundry and ironing facilities.
|
37. |
A university offering Agriculture shall, in addition to the laboratory specifications specified in paragraph 25; have at least ten hectares of land set aside as a university farm over and above that stipulated for an ordinary university.
|
PART VI - CATERING AND ACCOMMODATION
38. |
A residential university shall provide adequate, well lighted and ventilated accommodation for cooking, serving and eating meals.
|
39. |
In assessing the adequacy of these facilities the following factors shall be taken into account—
(a) |
the provision of the following functional areas—
(i) |
food preparation of not less than 0.50 square metre per student; |
(ii) |
dish washing and serving areas, of not less than 0.50 square metre per student; |
(iii) |
kitchen storage of not less than 0.50 square metre per student; |
(iv) |
kitchen staff and services area of not less than 0.50 square metre per student; |
(v) |
a dining hall of not less than 1.25 square metre of floor area per student; |
|
(b) |
the provision of adequate facilities for cleaning utensils, and of suitable and sufficient washing and sanitary facilities in form of lavatories, shower rooms, changing and cloakrooms for kitchen staff;
|
(c) |
the provision of sufficient doors to ensure rapid exit in case of fire or other emergency.
|
|
40. |
Every university shall provide common rooms with adequate recreational facilities for staff and students.
|
41. |
Every residential university shall provide adequately lighted and ventilated student accommodation facilities and in particular—
(a) |
no open rooms used as student accommodation shall accommodate more than four students;
|
(b) |
the total floor area of the rooms shall not be less than the following per student—
(i) |
single room, 8.00 square metres; |
(ii) |
double student room or cubicle, 7.00 square metres; |
(iii) |
three or four student room 6.00 square metres; |
|
(c) |
every living room in the hall shall be located so as to get maximum benefit of outside light and air;
|
(d) |
every room or hall shall be provided with vents in the walls in such a manner as to provide permanent ventilation;
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(e) |
sufficient doorways shall be provided in every student hall to ensure rapid exit in case of fire or other emergencies;
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|
PART VII - UTILITY SERVICES
42. |
Every university shall have adequate water supply installed in accordance with the requirements of the Building Code and these Standards.
|
43. |
In assessing the adequacy of the water supply for the university the following shall also be taken into account—
(a) |
the wholesomeness of the water and in particular the fact that it is free from any contamination that may cause disease or injury to health, has no objectionable taste and odour, is aesthetically acceptable and has been certified as such by a recognized water laboratory;
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(b) |
the extent to which the quality of the water provided conforms to the requirements of the Kenya National Drinking Water Standards set out in the latest edition of the Water Supply Design Manual issued by the Ministry of Water Development;
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(c) |
the availability of a cold water storage facility in each building for domestic purposes taken from the main supply to the buildings or a cold water storage tank in each building with sufficient capacity to meet not less than twenty four hours demand from the building's users or a minimum water demand of 150 litres per day per person;
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(d) |
the availability of a central cold water storage facility from the main water supply to the university or of a storage facility with sufficient capacity to meet not less than three days demand, from the university community or a minimum water demand of 150 litres per day per person;
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(e) |
the availability of extra additional storage facility under subparagraph (d) in every university where animals are kept;
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(f) |
the provision and maintenance of an adequate cold water storage facility for fire fighting purposes at the rate of 10 litres per second continuous flow for two hours.
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|
44. |
Every university shall provide appropriate and adequate waste water collection, treatment and disposal system.
|
45. |
In assessing the adequacy of the waste water system the following shall be taken into account—
(a) |
the availability of a satisfactory drainage system for water;
|
(b) |
the availability of an adequate means of sewage and waste water disposal by means either of the relevant local authority main sewer or of septic tanks, conservancy tanks or stabilization ponds or cesspool constructed to specifications contained in the Building Code:
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(c) |
in the absence of adequate means of sewage and waste disposal the extent to which the quality of effluent of natural water bodies conforms to the National Standards for Effluent Discharge to Natural Streams;
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(d) |
evidence of approval by the relevant local authority or Ministry of Water Development or the Ministry of Health for all disposal systems other than those connected to a local authority's sewage system.
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|
46. |
Notwithstanding the provisions of paragraphs 43 and 44 a university not connected to a local authority's sewage system shall have at least two hectares of land set aside for the construction of a sewage plant and the land shall be so situated as to ensure public health and safety from effluent originating from the plant.
|
47. |
Every university shall provide an adequate surface water collection and disposal system.
|
48. |
In assessing the adequacy of the disposal system the following factors shall be taken into account—
(a) |
the capability to drain and dispose of surface water in such a manner as to cause the least inconveniences or nuisance to the public;
|
(b) |
the absence of surface run-off or stormwater from university buildings and related infrastructure such as roads, parking areas, and playing fields.
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|
49. |
Every university shall provide, keep clean and maintain adequate and suitable sanitary conveniences, which conform in all respects to the requirements of the Building Code, for the students and all persons working in the university and where students or other persons of both sexes are accommodated or are expected to be accommodated the conveniences shall afford proper separate facilities for, persons of each sex.
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50. |
In a day university, the following well lighted and ventilated closets, urinals, wash hand basins and drinking water fountains shall be provided—
(a) |
one W.C. for every 8 female students;
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(b) |
one W.C. for every 10 male students;
|
(c) |
one urinal stall for every 25 male students;
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(d) |
one wash hand basin for every 16 students;
|
(e) |
one drinking water fountain for every 12 students;
|
(f) |
a sanitary disposal facility.
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|
51. |
In a residential university the following well lighted and ventilated closets, urinals, wash hand basins, bathrooms and drinking water fountains shall be provided—
(a) |
one W.C. per every 15 male students;
|
(b) |
one W.C. per every 10 female students;
|
(c) |
one urinal per every 10 students;
|
(d) |
one wash hand basin per every 10 students;
|
(e) |
one bath or shower per every 10 male students;
|
(f) |
one bath or shower per every 8 female students;
|
(g) |
one drinking water fountain for every 20 students;
|
(h) |
a sanitary disposal facility.
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|
PART VIII - LAND REQUIREMENTS
52. |
Every university shall produce evidence of owning land capable of supporting a student population of at least 500 students and for the purposes of this paragraph the land area required to support a student population of 500 shall be 20 hectares.
|
53. |
Every university shall show evidence of owning land on freehold terms, or for a leasehold term of not less than 45 years; and the land shall, in addition—
(a) |
be free from, all encumberances other than those of a statutory nature;
|
(b) |
be vested in a trusteeship of the university, which shall own such land as non-profit making body and in perpetual succession.
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|
54. |
Each university shall be built on land parcels which are either a continuous holding or on individual land parcels that are contiguous to one another or in dose proximity to each other:
Provided that in all cases where land parcels are not contiguous to one another—
(i) |
they shall, in cases where the student population does not exceed 500, be situated at a distance not exceeding two kilometres from one another and be connected by a motorable road; |
(ii) |
the main university campus shall be built on a parcel of land not less than half the area requited to house 500 students. |
|
55. |
All parcels of land designated for university use shall be at least two hectares in size and all university buildings and facilities thereon shall conform to the minimum space and compound requirements stipulated in these Standards, the Building Code, the Public Health Act or any other legislation relating to the safeguarding of public safety and educational standards.
|
56. |
Land at the main campus and at all the other non-contiguous parcels shall be used only for university purposes, and for only such other uses as are necessary for supporting university activities; and the use shall, in addition, conform to a master plan prepared in accordance with these Standards and all applicable laws and designed in such a way that a all building facilities and proposed developments are functionally related and compatible and all academic buildings, classrooms, libraries, laboratories, assembly halls, auditoriums, audiovisual centre and other facilities are in close proximity to one another.
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57. |
The masterplan shall, in addition to any other details required by law to be included, indicate—
(a) |
the location of the existing and proposed university buildings;
|
(b) |
the layout of all roads and pathways serving all buildings, which shall be such that the health and safety of the occupants and user of the university is not endangered;
|
(c) |
the layout of all waste and soil drain pipes, sewers, culverts, septic tanks, stormwater drains, and run-off catchment drains so laid that the health and safety of all occupants and users of the university is not endangered;
|
(d) |
the location of all areas to be used by all other activities related to the university such as sports fields, university farms, forests, arboreta and sewage treatment;
|
(e) |
the layout of all telephone and electricity service lines shall be laid in a safe manner.
|
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58. |
All administrative buildings shall be located on the main campus and must be so situated as to be clearly visible from the road approach.
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59. |
The minimum total area set aside for open space and cat park shall not be less than two hectares which area shall not incorporate land set aside for sporting facilities.
|
60. |
A university shall have or shall have access to at least one standard athletics track enclosing a football pitch, at least one standard lawn tennis pitch, one standard volleyball pitch, one standard badminton or tenniquoit pitch and one standard netball court.
|
61. |
For the purpose of paragraph 60 a university shall set aside at least five hectares of land for outdoor sports for the first five hundred students and at least two hectares for every additional two hundred students.
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THIRD SCHEDULE
Fees
[Rule 21.]
THE UNIVERSITIES (ESTABLISHMENT OF UNIVERSITIES)(STANDARDIZATION, ACCREDITATION AND SUPERVISION) RULES
PART I – PRELIMINARY
1. |
Citation
These Rules may be cited as the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules.
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2. |
Interpretation
In this Rules, unless the context requires otherwise—
"accreditation” means public acceptance and confirmation evidenced by grant of charter under section 12 of the Act that a university meets and continues to meet the standards of academic excellence set by the Commission;
"certificates and diplomas" means post-graduate certificates and diplomas;
"Commission” means the Commission for Higher Education established under section 3 of the Act;
"operating a university" includes conducting courses or programmes of study by any method of delivery, whether residential or distance, electronic or print, satellite or similar form of transmission;
"private university” means a university established with funds other than public funds;
"public university" means a university maintained or assisted out of public funds;
"secretariat” means the Secretary to the Commission appointed under section 5 of the Act;
"university" means any institution or centre of learning by whatever name called, or however designated, having as one of its objects the provision of post-secondary education which intends to offer or is in fact offering courses of instruction leading to the grant of certificates, diplomas and degrees, and the expression "university education" shall be construed accordingly.
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3. |
Application
(1) |
These Rules shall apply to—
(b) |
any public university other than a public university established by an Act of Parliament;
|
(c) |
any university established outside Kenya; and
|
(d) |
any agent or agency of such a university as is specified in paragraphs (a), (b) and (c) operating or intending to operate as or on behalf of such university within Kenya.
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|
(2) |
Except as may be expressly enacted to the contrary or otherwise provided, no university shall—
(a) |
advertise or continue to advertise or in any manner hold itself out to the public as a university; or
|
(b) |
admit or continue to admit students to or conduct courses or programmes of instruction leading to the award of certificates, diplomas or degrees; or
|
(c) |
otherwise embark upon or continue with any activity preparatory to the establishment of facilities for university education,
|
after the commencement, of these Rules without the authority of the Commission or of ay other person competent to grant such authority under the Act.
|
(3) |
Authority to operate in any of the ways specified in the paragraph (2) or to perform any other function consistent therewith shall not be issued except in the manner specified in these Rules.
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|
PART II – REGISTRATION OF EXISTING UNIVERSITIES
4. |
Registration procedure
All universities which had on the 1st August, 1985 graduated at least one class of students shall, within six months of the commencement of these Rules, or within such extended period as the Commission may in writing permit, submit to the secretariat an application for registration in Form ACC/CHE 1 set out in the First Schedule, duly completed and certified by the administrative authority of that university.
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5. |
Preparation and effect of the register
(1) |
As soon thereafter as the period of the submission of Form ACC/CHE 1 is over, the Commission shall prepare and publish, in the Gazette, a register of all universities to which rule 4 applies and in respect of which details have been received, and shall in that publication, indicate in respect of each such university whether or not all particulars set out in the Form have been supplied.
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(2) |
Any university which does not appear in the register prepared under paragraph (1) or whose particulars are incomplete in any respect whatsoever, or to which rule 4 does not apply shall, from the date of publication of that register, cease to operate, or to perform functions consistent with those of a university.
|
(3) |
Notwithstanding paragraph (2), the Commission may, where good cause is shown, the onus whereof shall lie upon the applicant, permit a university whose particulars as entered in Form ACC/CHE 1 are incomplete, to operate for a further period of three months whereupon the university shall, unless all particulars are supplied cease to operate.
|
(4) |
All universities appearing in the register whose particulars are complete in terms of paragraphs (1) or (3) shall be issued with a certificate of registration in Form ACC/CHE 2 set out in the First Schedule bearing the seal of the Commission and such certificate shall constitute authority to continue operations until such time as it is suspended or revoked or until accreditation is granted in the manner set out in Part V.
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(5) |
The provisions of rule 10(1)(b) shall apply, mutatis mutandis, in respect of the suspension or revocation of a certificate of registration under this rule as they apply to the suspension or revocation of a letter of interim authority under that rule.
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(6) |
Subject to Part III it shall be an offence for any person to administer or otherwise perform any function in furtherance of the aims and objects of a university whose operations have ceased in terms of paragraphs (2) and (3) of this rule.
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|
PART III – ESTABLISHMENT OF NEW UNIVERSITY
6. |
Eligibility and application procedure
(1) |
The following shall be eligible to apply to the Commission for authority to establish a university or, as the case may be, to constitute itself into a university in turns of this Part—
(a) |
(i) |
intends to be or is a sponsor of a university not being a university to which rule 3 applies; or |
(ii) |
is a corporate body having as one of its objects the provision of university education; |
|
(b) |
any post-secondary institution intending to provide university education.
|
|
(2) |
Any person or institution eligible to apply for authority to establish or constitute itself into a university under this rule shall do so by submitting to the secretariat an application in Form ACC/CHE 3 set out in the First Schedule, duly completed and certified by him or on its behalf by a person competent to do so.
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|
7. |
Proposal as to particulars and resources
(1) |
An application under rule 6(2) shall be accompanied with a proposal setting out—
(a) |
the proposed name, location and academic character of that university;
|
(b) |
the aims and objects consistent with the needs of university education in Kenya for which the university is to be established;
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(c) |
the form of governance through whim the academic and administrative affairs of the university are to be conducted;
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(d) |
in outline, the academic programme or programmes intended to be conducted at that university;
|
(e) |
the academic resources (including finances, staff, library services and equipment) appropriate to and adequate for the proposed academic programme or programmes to be conducted at that university which have been or can be procured and the manner in which these will be maintained on a long term basis; and
|
(f) |
a timetable indicating the steps expected to be taken in the next three years towards the realization of the aims and objects for which the university is to be established.
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|
(2) |
The Commission shall not process any application under rule 6(2) unless the requirements of paragraph (1) of this rule are complied with.
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|
8. |
Inspection and verification of resources
(1) |
The Commission shall schedule a meeting or series of meetings with all applicants whose proposals are received at which examination of the available documentation or evidence in respect of the resources indicated therein shall be made and verified.
|
(2) |
The Commission may, if it is not satisfied with the documentation presented by an applicant, order a detailed and independent evaluation of the resources expected to be made available and shall, in that connection have power to order the production of such further information or documentation as would enable it to make a proper assessment of the matter.
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(3) |
All costs associated with the verification and evaluation of resources under this rule shall be borne by the applicant.
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|
9. |
Issue and effect of interim authority
(1) |
Where after a full deliberation on the merits of each application the Commission is satisfied that—
(a) |
the particulars given under rule 7(1) do not in any way reproduce or otherwise duplicate those of an existing or prospective university;
|
(b) |
the resources declared under rule 7(1)(e) are available or are likely to be available;
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(c) |
the applicant is following realistic plans to achieve the aims and objects for which the university is to be established;
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(d) |
the university when established is like to attain and maintain standards, set out in Part IV on a long-term basis; and
|
(e) |
the establishment of the university is in the interest of university education in Kenya,
|
it may accept the proposal and issue a letter under seal In Form ACC/CHE 4 set out in the First Schedule canniness an interim authority to operate in the manner specified in paragraph (2) until such time as it is suspended or revoked, or ten is granted in the manner set out in Part V.
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(2) |
A letter in Form ACC/CHE 4 shall authorize the person or institution named therein to make preparation towards the implementation of the proposal accepted under rule 9 paragraph (1) and, in particular to—
(a) |
set up a governing body for the university intended to be established;
|
(b) |
commence or continue the development of physical facilities;
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(c) |
commence or continue assembly of academic resources;
|
(d) |
advertise the programme or programmes of instruction expected to be conducted at that university; and
|
(e) |
admit students to such programme or programmes as the Commission may specify.
|
|
(3) |
The name and particulars of every university in respect of which a letter of interim authority is issued under this rule shall be published in the Gazette.
|
|
10. |
Refund, suspension or revocation of interim authority
(1) |
(a) |
refuse to issue a letter of interim authority if it is satisfied that the person or institution who has applied for it is unlikely to procure the academic, physical and other resources necessary for the establishment of a viable university;
|
(b) |
by notice published in the Gazette, suspend or revoke such a letter if—
(i) |
the person or institution named therein has not within two years of issue made substantial progress in respect of the matters set out in rule 9(2) or notifies the Commission of his or its intention not to proceed with the establishment of a university, or is, in any event, patently incapable of complying with the standards set out in Part IV; or |
(ii) |
in the opinion of the Commission such fundamental changes have since occurred that had such changes been in existence at the time of its deliberations under rule 9(1) the letter would not have been issued: |
|
Provided that the Commission shall, in all cases of suspension, indicate the steps which the holder of that letter must take before interim authority can be restored.
|
(2) |
In all cases where a letter of interim authority is refused or revoked under this rule, the Commission shall not entertain any subsequent application by the same person or institution, or in respect of the same or substantially similar proposal within two years of that refusal or revocation unless good cause is shown, the onus whereof shall lie upon the applicant.
|
(3) |
The provision of rule 5(6) shall apply, mutatis mutandis, in the event of a refusal to issue or revocation of an interim authority under this rule as they apply in respect of universities whose operations have ceased under that rule.
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|
PART IV – PREPARATION OF INSTITUTIONAL STANDARDS
11. |
Preparation of standards
(1) |
The Commission shall prepare and publish in the Gazette a set of standards (herein referred to as "institutional standards") governing the performance, operations and general conduct of all universities authorized to operate under these Rules and copies thereof shall be made available at cost to any member of the public desirous of obtaining one.
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(2) |
Notwithstanding the generality of paragraph (1), the institutional standards shall, in particular, set out—
(a) |
the minimum entry requirements for admission to any certificate, diploma or degree programmes being or to be offered at such university;
|
(b) |
the minimum number and duration of programmes at the certificate, diploma or degree level that ought to be offered;
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(c) |
thee minimum and maximum number of students which must enrolled in each programme before it can be offered or efficiently maintained;
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(d) |
the standards of proficiency assessed in terms of content and contact hours, which students are expected to attain in respect of a certificate, diploma, or degree programme;
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(e) |
the level of academic training which persons seeking recruitment into the teaching staff of the university at the certificate, diploma or degree level should possess;
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(f) |
detailed specifications concerning the space requirements and concomittant services for each size class and for the absolute number of students expected to be enrolled in, or activity to be carried out in an institution providing university education and services; and
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(g) |
the basic ethical standards that should regulate the conduct of all members of the university.
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|
(3) |
The Commission may, at the request of each university, indicate the specific steps to be taken towards the attainment of the standards referred to in paragraph (2).
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12. |
Evaluation of performance and supervision
(1) |
Every university authorized to operate under these Rules shall, as long as such authority is in force, prepare and submit to the Commission—
(a) |
an annual report of its activities in each year of operation; and
|
(b) |
a detailed evaluation every three years of the steps it has taken towards the achievement of the aims and objects for which it was established.
|
|
(2) |
The Commission shall discuss all reports submitted pursuant to paragraph (1) and may make such comments or give such other instructions thereon for action by the university concerned.
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(3) |
Comments made or instructions given by the Commission in accordance with paragraph (2) shall specify whether or not the institutional standards published under rule 12 (1) are being complied with.
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|
13. |
Declaration of institutional standards
(1) |
The institutional standards contained in the Second Schedule are declared to have been prepared and published in accordance with rule 11 (1).
|
(2) |
The Commission may add to, delete or otherwise amend the contents of the Second Schedule provided, however, that any amendment made in accordance with this paragraph shall be published in the Gazette.
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PART V – THE PROCESS OF ACCREDITATION
14. |
Criteria for accreditation
(1) |
Any university, being the holder of a certificate of registration or letter of interim authority issued in accordance with these Rules, may apply to the Commission for accreditation in the manner set out in these Rules provided that—
(a) |
the certificate or letter—
(i) |
has been held for at least three years or for such other period as the Commission may in particular cases determine, whichever is the shorter period; and |
(ii) |
has not been suspended or revoked; and |
|
(b) |
the most recent assessment of the universities self-evaluation conducted under rule 12(1)(b) indicates that the Commission is satisfied with the progress so far made in the design, implementation, or maintenance of an academic and administrative system acceptable in terms of the institutional standards prescribed under these Rules, and relevant to the needs of university education in Kenya.
|
|
(2) |
An application for accreditation shall, in addition to any other details the Commission may in each case specify, be accompanied with—
(a) |
a draft charter containing the particulars required to be supplied by private universities under section 13 of the Act;
|
(b) |
(i) |
a list and academic qualifications of all members of staff on or expected to be on full-time employment with the university; |
(ii) |
a list of the total number of students that have been enrolled in each programme of instruction being offered at the university; |
(iii) |
a statement of the size and quality of the library and equipment which have been developed for each programme being and to be offered at the university; |
(iv) |
a statement of the financial resources that are available for the exclusive use of the university, certified by a person qualified to practise under the Accountants Act (Cap. 531); and |
(v) |
an inventory of the physical facilities including land that are available for the exclusive enjoyment of the university. |
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|
|
15. |
Appointment of an Inspection committee
(1) |
The Commission shall, before considering any application under rule 14, appoint an inspection committee with the power—
(a) |
to make enquiry into and for the purposes of ascertaining the veracity or otherwise of the particulars submitted under rule 14(2)(b);
|
(b) |
to make enquiry into the general academic, administrative and social affairs of the university; and
|
(c) |
make such other investigations of relevance to the application as it may deem necessary.
|
|
(2) |
The inspection committee shall submit a factual and evaluative report to the Commission within six months of the date of its appointment.
|
|
16. |
Deliberations of the Commission
(1) |
As soon as the report of the inspection committee appointed under rule 15(1) is received, the Commission shall consider all the documentation relevant to the application and shall indicate what revisions or amendments, if any, the university concerned should be required to make before the merits thereof are assessed.
|
(2) |
Where after a full deliberation on the merits of each application the Commission is—
(a) |
(i) |
the draft charter as submitted or amended forms a sound basis for the academic and administrative organization of the university; and |
(ii) |
the university has effectively organized adequate human, physical, financial and other resources into an educational programme comparable to that of similar institutions authorized to operate in Kenya, |
|
it shall recommend to the Cabinet Secretary that the university be accredited.
(b) |
not satisfied in the manner indicated in subparagraph (a), it shall refuse to recommend accreditation.
|
|
(3) |
The provisions of rule 10(2) shall apply, mutatis mutandis, in respect of the refusal to recommend accreditation under this rule as they apply to the refusal or revocation of interim authority under that rule:
Provided that the Commission shall not accept or entertain any application under this paragraph if that application has twice been considered and refused.
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|
17. |
Effect of accreditation
(1) |
In addition to the status conferred by reason of publication under section 14 of the Act, the certificates, diplomas and degrees conferred in respect of programmes of instruction offered in or by a university to which accreditation has been granted under these Rules and the Act shall be recognized as of comparable and equivalent merit to similar certificates, diplomas, and degrees awarded in respect of programmes offered in and by public universities in Kenya.
|
(2) |
The provisions of paragraph (1) shall extend and apply to all certificates, diplomas and degrees conferred by any university before the grant of accreditation as aforesaid provided that authority to operate under any of the provisions of these Rules had at no time been revoked or suspended before such grant.
|
(3) |
The Commission shall, in respect of all certificates, diplomas and degrees not covered by the provisions of paragraphs (1) and (2) establish a committee to advise on whether or not the same should be recognized in terms of those sections.
|
(4) |
Where after a full deliberation on the merits of each case transmitted to it under subparagraph (3), the Commission is satisfied that the certificates, diplomas or degrees in issue ought to be recognized, it shall publish a notice to that effect in the Gazette and such notice shall be irrevocable.
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|
PART VI – INSTITUTIONAL RIGHTS AND OBLIGATIONS
18. |
Rights of accredited universities
(1) |
Subject to rule 19, every university to which accreditation is granted under these Rules and the Act shall have full autonomy in the administration of its academic affairs and shall, so long as the same is not suspended or revoked, be under no obligation to accept instructions from any person or authority unless the same is expressly stipulated in its charter.
|
(2) |
Notwithstanding the generality of paragraph (1) but subject thereto, an accredited university shall have the right—
(a) |
to determine who may teach and what may be taught and how it may be taught; and
|
(b) |
to decide which persons have attained such standards of proficiency as make them fit to be granted a certificate, diploma, degree or other award of the university.
|
|
|
19. |
Obligation of accredited universities
Every accredited university shall—
(a) |
(i) |
that the institutional standards prescribed under Part IV are, at all times, maintained; |
(ii) |
that all lawful instructions issued by the Commission or any other authority empowered to do so under the Act are complied with; and |
(iii) |
that no new programmes of instruction are mounted and regulations in respect thereof effected without the prior consent of the Commission. |
|
(b) |
submit to such other modes of supervision including inspection and visitation and at such intervals as may be determined by the Commission.
|
|
20. |
Variation of charter
(1) |
A charter issued as evidence of accreditation to any university may be varied or revoked in the manner specified in section 16 of the Act.
|
(2) |
Subject to section 16(3) of the Act, the provisions of rule 10(1)(b) shell apply, mutatis mutandis, in the event of a revocation of a charter under the Act as they apply in respect of universities whose operations have ceased under that rule.
|
|
PART VII – MISCELLANEOUS PROVISIONS
21. |
Imposition and payment of fees
(1) |
The fees specified in the second column of the Third Schedule shall be paid in respect of matters specified in the corresponding entry in the column of that Schedule.
|
(2) |
Unless the Commission otherwise agrees, fees in all cases shall be paid in cash.
|
(3) |
Fees once paid shall not be refunded.
|
|
22. |
Offences and penalties
Any person found guilty of an offence under these Rules shall be liable to a fine not exceeding six thousand shillings or imprisonment for a term not exceeding twelve months or to both.
|
23. |
Appeals
(1) |
Any person or institution who or which is aggrieved by an act or decision of the Commission taken in accordance with any of the provisions of these Rules, who desires to question that act or decision, or any part of it may, within thirty days of the date of such act or decision, appeal to the Cabinet Secretary who may give such orders or instructions as he may consider necessary.
|
(2) |
Notwithstanding the provisions of paragraph (1) the Cabinet Secretary shall not act on any appeal under this rule without further reference to the Commission.
|
(3) |
Any order, instruction or other decision made or issued by the Cabinet Secretary in accordance with this rule shall be final
|
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FIRST SCHEDULE
FORMS
APPLICATION FOR REGISTRATION OF AN EXISTING UNIVERSITY
1. |
Name of university ................... Location(s) ..................
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2. |
Address ................................ Telephone ...........................
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3. |
Name and designation of chief administrator ...........................
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4. |
Governing body .......................................................
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5. |
Address of governing body .......................................
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6. |
Principal academic focus or discipline ........................
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7. |
Number and type of programmes (i.e. certificates, diplomas, degrees):
(a) ...................................................................
(b) ....................................................................
(c) ....................................................................
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8. |
Principal research focus ...........................................................
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9. |
Names and qualifications of staff employed:
Permanent .......................................................
Part-time ..........................................................
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10. |
Number of students ..................................................
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11. |
Residential capacity for students ...............................
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13. |
Library capacity ............................................ (volumes)
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14. |
Other facilities (specify) ..................................................
I hereby make application for the registration of the above university under rule 4 of the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules, 1989:
Name ................................................................
Designation .......................................................
Signature ...........................................................
Full postal address..............................................
...........................................................
...........................................................
...........................................................
FORM ACC/CHE 2
[Rule 5.]
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CERTIFICATE OF REGISTRATION OF AN EXISTING UNIVERSITY
This is to certify that—
Name of university ..............................................................
Administered or governed by .................................................
Postal address ..................................... Telephone ..............................being a university which had on 1st August, 1985, graduated at least one class of students is hereby registered and, by virtue thereof, authorized by the Commission to continue operations in accordance with and subject to the Universities Act (Cap. 210A), and the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules, 1989.
Registration Number ......................................................
Gazette Notice Number .................................................
Date ..............................................................................
Dated this .................................. day of ........................ 19........
FORM ACC/CHE 3
[Rules 6 and 7.]
APPLICATION TO ESTABLISH A UNIVERSITY
1. |
Name of applicant ...................................................................
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2. |
Address ............................ Telephone .....................................
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3. |
Name of proposed university ...................................................
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4. |
Proposed location(s) ...............................................................
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5. |
Proposed principal academic focus or discipline ......................
.....................................................................................................
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6. |
Proposed programmes (i.e. certificates, diplomas, degrees):
(a) ...............................................................
(b) ...............................................................
(c) ...............................................................
I hereby make application for authority to establish a university under rule 6 and attach herewith the proposal required by rule 7 of the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules, 1989.
Name ........................................................................
Designation ..............................................................
Authorized signature ................................................
Full postal address ..................................................
.................................................
.................................................
.................................................
FORM ACC/CHE 4
[Rule 9.]
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LETTER OF INTERIM AUTHORITY TO ESTABLISH A NEW UNIVERSITY
Interim Authority is hereby given to—
Name .............................................................
Address .................................Telephone......................
to commence preparations for the establishment of a new university in accordance with rule 9 of the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules, 1989.
Application No. ...........................................................
Gazette Notice No. ....................................................
Date ............................
Dated this .............. day of .................... 19 ..........
SECOND SCHEDULE
STANDARDS FOR PHYSICAL FACILITIES
1. |
These Standards may be cited as the Physical Facilities Standards.
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2. |
In these Standards, unless the context otherwise requires—
“a recognized water laboratory” means a laboratory registered with or belonging to the Public Health Department of the Ministry of Health, Ministry of Water Development, or any other public institution, person or organization duly authorized by the Government of Kenya to undertake water analysis;
"adequate" means sufficient in relation to any set guidelines or requirements;
"adequate water supply” means water in such quantities as would permit maintenance of a reasonable level of personal and environmental hygiene;
"Building Code" means the Local Government (Adoptive By-laws) (Building) Order, 1968, and the Local Government (Adoptive By-laws) (Grade II Building) Order, 1968;
"classroom” means a room accommodating several students for the purposes of instruction;
"departmental areas" means offices occupied by teaching, administrative and secretarial staff of a teaching department of a university;
"full time students equivalent" (FTSE) means a number of hours of teaching required by one student to fulfil the requirements of the course in an academic year;
"masterplan” means a programme of a university showing the order of development of physical and academic aspects for a given period of time;
"physical facilities” means any structure fixed or movable or of whatever kind and any part thereof used or intended to be used for teaching, lecturing or Instructing or as a dwelling house or for recreational and all ancillary facilities thereto including drainage works, services installations and road works;
"reader station” means space occupied by a student in a library;
"relevant local authority” means a city council, county council. municipal council or such local authority under whose jurisdiction a university is situated;
“research” means an investigative study of any physical, biological or social phenomenon through a systematic approach;
“research area” means a facility where research is carried out;
“residential area” means a facility where research is carried out;
"residential university” means a university in which ten or more students are boarded;
"safe water supply” means a supply of water free from any contamination;
"sewage" means spent water eminating from toilets;
"student" means a person enrolled to pursue a degree, diploma or certificate course;
"site works" means a place where construction activities are carried out;
"surface water" means any ground water, subsoil water, storm water or rain water which discharges on the ground surface;
"utility services” means any service that is connected to any building or living space through pipe or wire network for helping to convey fluids, energy and messages, in and out of any building or living space;
"waste water" means any water after it has been fouled by a variety of uses and which constitutes a combination of liquid and water carried wastes, emanating from residences, toilets, kitchens, laundries, laboratories and workshops.
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3. |
These Standards shall apply to—
(a) |
all buildings or parts of buildings purposely designed and constructed for university use;
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(b) |
any alterations and extensions of university buildings or parts of the buildings;
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(c) |
all buildings undergoing material change of use into university buildings; and
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(d) |
all related utility services installations, and site works for a university.
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4. |
These Standards are prescribed in respect of the following factors—
(a) |
(i) |
application of by-laws, the Building Code and the Public Health Act (Cap. 242); |
(ii) |
materials used in the building; |
(iii) |
building lighting, ventilation and sound proofing; |
(iv) |
building hygiene and sanitation; |
(v) |
water supply and waste disposal. |
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(b) |
(i) |
structural soundness and stability; |
(ii) |
fire safety—fire resistance, fire protection and safety precaution, fire fighting and fire escape. |
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(c) |
(i) |
building facilities including classrooms and lecture theatres, staff offices, research areas, seminar rooms, laboratories, workshops, studios, clinics, libraries, students residences, staff residences, communal and social services areas such as worship, kitchen, dining, common rooms, recreational facilities; |
(ii) |
utility and other services including water supply, power, telephone, external drainage and waste water services, access roads, parking and appropriate landscaping; |
(iii) |
land including requirements and location ownership and tenure. |
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(d) |
(i) |
the minimum size and floor areas for various buildings; |
(ii) |
the minimum unit numbers of various types of buildings; |
(iii) |
the locational relationship of various facilities. |
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PART II - MINIMUM STANDARDS
5. |
Every university shall provide the following physical facilities to accommodate its activities—
(a) |
classrooms or lecture rooms;
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(b) |
departmental areas, staff offices and seminar rooms;
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(c) |
central administration offices;
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(e) |
auditorium or lecture theatre,
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(g) |
student common rooms with indoor recreation facilities;
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(h) |
outdoor recreation facilities in form of games or sports facilities;
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(i) |
drainage system, proper sanitation and water supply;
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6. |
Every residential university, shall, in addition to facilities to be provided under paragraph (4) provide the following physical facilities—
(a) |
kitchen and dining facilities;
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(b) |
student accommodation, including adequate laundry and storage facilities.
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7. |
Every building used or intended to be used as part of the university physical facility shall comply with the requirements of the Building Code and provisions of the Public Health Act (Cap. 242), in particular—
(a) |
the minimum requirements for health and safety of the public to which the premises of every university shall conform shall be those prescribed by the Local Government (Adoptive By-laws) Order, 1968, Group I or any amendments thereof, the Public Health Act and the requirements prescribed in the Schedule;
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(b) |
any building designed and constructed for use as university building or any building altered or extended so as to be used as a university building or any building which has undergone material change of use into university building must be approved by the relevant local authority;
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(c) |
all buildings and other physical facilities used by a university evidence of—
(i) |
approval of drawings of the proposed buildings; |
(ii) |
approval of alterations or extensions, if any; or |
(iii) |
approval of proposed change of user if any; and |
(iv) |
a certificate of occupation for the newly constructed or altered buildings. |
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8. |
Every university shall operate in physical facilities that are safe for the public and in particular—
(a) |
all buildings and other physical facilities used by a university to accommodate university activities shall be serviceable and functional;
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(b) |
the buildings shall be kept in a good state of repair and maintenance and shall be free from structural failures, excessive deflection, cracking or dilapidation of building material fabric and components.
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9. |
Every university which erects or causes to be erected a building or any other structure intended to accommodate university activities shall employ, for the purposes of architectural design a registered architect and for the purposes of structural design thereof, a registered structural engineer, and shall retain the services of such architect or structural engineer for the purposes of supervising the erection of such building and in particular—
(a) |
on completion of construction of such building the architect or structural engineer shall provide a certificate that the work or works have been carried out in accordance with the design and that it complies in all respects with the provisions of the building code and the appropriate codes of practice;
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(b) |
all drawings in respect of the structural framework of steel buildings, reinforced concrete buildings or structural timber buildings and calculations connected therewith, shall be signed by the registered structural engineer responsible for their design;
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(c) |
where a university causes the erection of a building or structure of the type described in this paragraph it shall, in addition, employ on the site throughout the period of the construction a resident engineer who is capable of reading and interpreting the relevant project working drawings showing details of the design and of ensuring that the work is carried out in accordance with drawings and with the requirements of Building Code.
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10. |
The standards specified in paragraph 8 shall apply to—
(a) |
any building or structure of two storeys or more or in which provision may be made for future development of such number of storeys;
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(b) |
any building or structure of whose storey height from ground floor to eaves level or ceiling is over 6 metres and with roof span greater than 10 metres;
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(c) |
any building or structure in which any suspended structural floor panel beam or frame exceeds 6 metres in span;
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(d) |
any building or structure in which a balcony is provided for purposes of public assembly.
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11. |
(1) All buildings and other physical facilities used by a university to accommodate university activities shall provide adequate fire safety.
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(2) |
All buildings and other physical facilities shall conform to the requirements of the Building Code, the Public Health Act and other standard practices with regard to fire resistance, means of fire escape, access from fire escape and fire fighting equipment.
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12. |
(1) All buildings used for university activities shall be provided with adequate, reasonable and easily accessible means of escape in the event of fire.
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(2) |
All means of fire escape shall be properly maintained and kept free from any obstruction.
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(3) |
For the purposes of this paragraph the guidelines given for Building Groups (I), (II) and (III) and (VI) specified in the appendix to the Sixth Schedule of the Building Code shall apply.
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13. |
In every building used by a university as a classroom, lecture theatre, seminar room, auditorium, laboratory, library, dormitory or residential hall, there shall be provided adequate fire fighting equipment such as hosereels, portable fire extinguishers, fire buckets, dry risers, fire hydrants, sprinklers, and water storage tanks.
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14. |
Where a university is located outside the area covered by Government or local authority fire station, a central fire fighting unit shall be located in a purpose built station forming part of the university service area; and the equipment for the fire station shall be provided by the university for its use.
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15. |
Every university shall be provided with a water supply system for fire fighting; and the water supply needs for emergency fire fighting purposes shall be drawn through the main water supply distribution system via a series of underground hydrants located at regular intervals throughout the site of the university.
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PART IV - ACADEMIC BUILDING FACILITIES
16. |
Every university shall provide classrooms which are adequate in number and shall be of adequate size; and in establishing the adequacy of classrooms, the minimum floor area per student specified in Table 1 shall be provided.
Table 1. Minimum classroom floor area per student
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17. |
The total usable space provided for classrooms shall be at the minimum rate of 0.65 square metre per full time students equivalent; and the university shall have enough classrooms for every course, provided that there shall be a minimum of two classrooms to each three year course of study.
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18. |
Every room used as a classroom shall be of sound construction and shall be provided with windows the effective area of which shall not be less than 20 per cent of the floor area of the room and 75 per cent of the window area shall be openable to the external air.
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19. |
No room used as a classroom shall have a height of less than 2.60 metres from floor to ceiling, or where there is no ceiling to the wall plate.
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20. |
Every room used as a classroom shall be provided with adequate, well illuminated writing surface at each seat and a place to set books and papers.
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21. |
Every university shall provide adequate room to accommodate academic and non-academic staff offices and seminar rooms and in determining the adequacy of departmental areas, the following factors shall be taken into consideration—
(a) |
the total usable space provided for use as departmental areas shall be not less than those specified in the following Table 2—
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Table 2 — Minimum departments usable areas per FTSE
(b) |
the departmental offices shall comprise of the following minimum number of offices—
(i) |
one departmental office; |
(ii) |
one head of department office; |
(iii) |
one secretary's office; |
(iv) |
one general office for a staff secretary; |
(iv) |
one office for every member of academic staff; |
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(c) |
academic and non-academic member of staff offices shall have the following minimum floor areas—
(i) |
head of department and professors: 18 square metres, |
(ii) |
academic staff: 13 square metres, |
(iii) |
non-academic staff: 7 square metres. |
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22. |
A university shall provide adequate central administration offices to accommodate the head administrator and support staff of the university and each constituent college; and in assessing the adequacy of administration offices the following factors shall be taken into account—
(a) |
the total office care provided for use by administrative staff shall not be less than 0.55 square metre of usable office square for every full time student equivalent enrolled, provided the minimum total office space provided for the university's central administrative is 50 square metres;
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(b) |
no room used as an administrative office shall be less than seven (7) square metres in area;
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(c) |
the administrative offices shall be conveniently accessible from the main entrance to the campus so as to serve as the logical reception point for special guests as well as general visitors arriving at the campus.
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23. |
Every university shall provide the following functional library areas whose adequacy shall be assessed on the basis of the following floor area criteria—
(a) |
the main reader area shall be equal to 30 per cent of FTSE and each reader station shall not be less than 1.90 square metres;
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(b) |
each stack area shall be at least 10.75 square metres in extent per 1,000 volumes;
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(c) |
the periodicals and reference section entail be 10.75 square metres in extent per 1,000 volumes;
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(d) |
the minimum collection for university shall be 30 volumes per full time student for the first 5,000 full time students plus 20 per full time student for every student above 5,000 per constituent college library and 100 volumes per full time student for first 10,000 full time students for a university library;
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(e) |
the library staff and services areas shall constitute between 18 per cent to 25 per cent of the combined stack and reader floor area;
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(f) |
the library shall have adequate natural lighting and ventilation and in particular, the library shall be provided with windows, the effective areas of which shall not be less than 20 per cent of the floor area of the room and 75 per cent of the window area shall be openable to the external air;
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(g) |
from a functional point of view the minimum ceiling heights of various user spaces in the library shall conform to the specifications contained in the following Table 3—
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Table 3 — Minimum ceiling heights
(h) |
the library shall conform to the requirements for buildings in Group 1B, of the Sixth Schedule of the Building Code;
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(i) |
every building used as a library shall provide sufficient doorways to ensure rapid exit in case of fire or other emergency.
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24. |
Every university shall provide a building facility for public lectures or general assembly which shall be in form of an auditorium, a large lecture theatre or an assembly hall conforming to the following specifications—
(a) |
the assembly hall or auditorium shall provide adequate seating capacity for 50 per cent of the total student population enrolled, provided that the assignable space per seat shall conform to the specifications contained in the following Table 4—
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Table 4 — Minimum space per seat in auditorium, lecture theatre and assembly hall
(b) |
the assembly hall or auditorium shall conform to the requirements for buildings in Groups IV and V in the Sixth Schedule of the Building Code.
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PART IV - TEACHING LABORATORIES, HOSPITALS, WORKSHOPS AND STUDIOS
25. |
A university conducting courses requiring the use of laboratories as part of instructional facilities shall, in addition to providing classrooms and lecture theatres provide adequate laboratory facilities.
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26. |
In assessing the adequacy of laboratory facilities the following shall be taken into account—
(a) |
the provision of adequate laboratory facilities in close proximity to classroom or other teaching facilities;
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(b) |
the provision of room for instructional workstations and each workstation per student conforming, where possible to the specifications contained in the following Table 5—
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Table 5 — Laboratory assignable space per FTSE
(c) |
the provision of storage, and preparatory rooms and a laboratory office;
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(d) |
proper location in relation to other facilities such that the laboratory is easily accessible;
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(e) |
the provision of the following service facilities—
(i) |
adequate windows which open to outside air in order to provide proper ventilation; |
(ii) |
fume cupboards and fume hoods m the preparation and storage rooms; |
(iii) |
standard table top electrical service outlets for the instructor's table and for each pair of students workstation; |
(iv) |
adequate lighting free of flare from exterior sunlight, |
(v) |
surface treatment of floors, walls and ceiling to reduce noise; |
(vi) |
a sink with hot and cold water service installation for the instructor's table and for each pair of students workstation; |
(vii) |
gas for the instructor's table and for each pair of students workstation; |
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(f) |
the provision of the built-in furniture and equipment—
(i) |
at least one Instructor's table measuring 2000 x 300 x 760mm. high, |
(ii) |
at least one student table of minimum size 1500 x 560 x 760mm. high for each pair of students workstation with adequate bench or stools or chairs, |
(iii) |
chalkboard or tackboard, wall mounted, |
(iv) |
at least one corrosion resistant sink and eye-wash fountain. |
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27. |
A university offering medical courses shall have the necessary basic pre-clinical sciences together with the laboratory requirements specified in paragraphs 24 to 25 plus any specialized provisions for anatomy and pathology; and the university shall also have or secure access to a teaching hospital easily accessible to students and equipped with the usual outpatient and inpatient facilities covering all specialization in medicine, surgery, obstetrics and gynaecology, paediatrics, community health, as well as support facilities such as X-ray, radiotherapy, anaesthetics and pathology, accessible to medical students:
Provided that where the hospital is not the property of the relevant university, adequate legal and administration arrangements shall be made in respect of such access.
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28. |
The hospital shall have the necessary resources (human, physical, technical and financial) to meet professional and academic requirements.
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29. |
The design of the teaching hospital shall conform to the requirements of the Ministry of Health in providing relevant health services; and in addition, the hospital buildings shall conform to the requirements for buildings under Group II of the Sixth Schedule of the Building Code.
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30. |
A university offering Fine Art shall have a studio for drawing from life, general drawing, basic design painting, ceramic and film room; and it shall also have graphic photography print making studio, life painting, composition/still life studios; textile design and weaving, and sculpture studios and the university shall also have—
(a) |
a ceramic glaring and testing laboratory, glass design and technology, silver sniffling and jewellery and museology laboratory;
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(b) |
workshop space for modelling casting and woodcarving;
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(c) |
space for sculpture, garden, outdoor wood burning kilns and such other facilities as may be specified by the Commission;
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(d) |
studio spaces and drafting room with adequate lighting;
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(e) |
photogrammetic laboratory;
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(f) |
remote sensing laboratory;
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(h) |
hydrographic laboratory workshop;
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(j) |
photographic laboratory or workshop.
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31. |
A university offering Urban and Regional Planning shall have adequate studio space for every year of study and the university shall also have a model making workshop.
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32. |
A university offering Building or Building Technology shall have studio space for every year of study and the university shall also have—
(a) |
for every year of study, workshops for carpentry and joinery, mechanical works and welding, masonry and concrete works and electrical wiring and building services;
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(b) |
laboratory space for each course of study for materials sciences, structures and services;
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(c) |
spaces for demonstration units in various building construction techniques.
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33. |
The facilities specified in paragraphs 29 and 31 may be shared between years of study and between courses or they may be assigned on the basis of faculties.
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34. |
A university offering Architecture shall have design studios for each class with adequate individual workspace at the rate of 2.5 square metres per work station and the university shall also have—
(a) |
a modelling workshop with equipment enough for at least two class years;
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(b) |
an architectural science laboratory with sufficient equipment;
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(c) |
a photographic laboratory;
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(d) |
one material testing workshop;
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(e) |
one wood working workshop;
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(f) |
spaces within the overall premises of the department for external activities such as those required for workshops fabrication and for erection of building components and for testing their exposure of weather activities.
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35. |
A university offering Home Economics shall have laboratories consisting of the following user areas—
(a) |
food analysis to the extent of 5 square metres per student workstation;
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(b) |
food storage and preparation to the extent of 1.5 square metres per student workstation;
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(c) |
sewing and crafts to the extent of 4 square metres per student workstation;
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(d) |
sewing and craft storage and dressing to the extent of one square metre per student workstation;
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(e) |
child development with its own storage room, office, open play, cleaning up and observation rooms.
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36. |
Every food laboratory shall be provided with installations adequate for instructions in food preparation, cooking and services using a variety of cooking energy sources: electricity, gas and wood. Home care laboratories shall also be equipped with laundry and ironing facilities.
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37. |
A university offering Agriculture shall, in addition to the laboratory specifications specified in paragraph 25; have at least ten hectares of land set aside as a university farm over and above that stipulated for an ordinary university.
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PART VI - CATERING AND ACCOMMODATION
38. |
A residential university shall provide adequate, well lighted and ventilated accommodation for cooking, serving and eating meals.
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39. |
In assessing the adequacy of these facilities the following factors shall be taken into account—
(a) |
the provision of the following functional areas—
(i) |
food preparation of not less than 0.50 square metre per student; |
(ii) |
dish washing and serving areas, of not less than 0.50 square metre per student; |
(iii) |
kitchen storage of not less than 0.50 square metre per student; |
(iv) |
kitchen staff and services area of not less than 0.50 square metre per student; |
(v) |
a dining hall of not less than 1.25 square metre of floor area per student; |
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(b) |
the provision of adequate facilities for cleaning utensils, and of suitable and sufficient washing and sanitary facilities in form of lavatories, shower rooms, changing and cloakrooms for kitchen staff;
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(c) |
the provision of sufficient doors to ensure rapid exit in case of fire or other emergency.
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40. |
Every university shall provide common rooms with adequate recreational facilities for staff and students.
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41. |
Every residential university shall provide adequately lighted and ventilated student accommodation facilities and in particular—
(a) |
no open rooms used as student accommodation shall accommodate more than four students;
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(b) |
the total floor area of the rooms shall not be less than the following per student—
(i) |
single room, 8.00 square metres; |
(ii) |
double student room or cubicle, 7.00 square metres; |
(iii) |
three or four student room 6.00 square metres; |
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(c) |
every living room in the hall shall be located so as to get maximum benefit of outside light and air;
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(d) |
every room or hall shall be provided with vents in the walls in such a manner as to provide permanent ventilation;
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(e) |
sufficient doorways shall be provided in every student hall to ensure rapid exit in case of fire or other emergencies;
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PART VII - UTILITY SERVICES
42. |
Every university shall have adequate water supply installed in accordance with the requirements of the Building Code and these Standards.
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43. |
In assessing the adequacy of the water supply for the university the following shall also be taken into account—
(a) |
the wholesomeness of the water and in particular the fact that it is free from any contamination that may cause disease or injury to health, has no objectionable taste and odour, is aesthetically acceptable and has been certified as such by a recognized water laboratory;
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(b) |
the extent to which the quality of the water provided conforms to the requirements of the Kenya National Drinking Water Standards set out in the latest edition of the Water Supply Design Manual issued by the Ministry of Water Development;
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(c) |
the availability of a cold water storage facility in each building for domestic purposes taken from the main supply to the buildings or a cold water storage tank in each building with sufficient capacity to meet not less than twenty four hours demand from the building's users or a minimum water demand of 150 litres per day per person;
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(d) |
the availability of a central cold water storage facility from the main water supply to the university or of a storage facility with sufficient capacity to meet not less than three days demand, from the university community or a minimum water demand of 150 litres per day per person;
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(e) |
the availability of extra additional storage facility under subparagraph (d) in every university where animals are kept;
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(f) |
the provision and maintenance of an adequate cold water storage facility for fire fighting purposes at the rate of 10 litres per second continuous flow for two hours.
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44. |
Every university shall provide appropriate and adequate waste water collection, treatment and disposal system.
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45. |
In assessing the adequacy of the waste water system the following shall be taken into account—
(a) |
the availability of a satisfactory drainage system for water;
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(b) |
the availability of an adequate means of sewage and waste water disposal by means either of the relevant local authority main sewer or of septic tanks, conservancy tanks or stabilization ponds or cesspool constructed to specifications contained in the Building Code:
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(c) |
in the absence of adequate means of sewage and waste disposal the extent to which the quality of effluent of natural water bodies conforms to the National Standards for Effluent Discharge to Natural Streams;
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(d) |
evidence of approval by the relevant local authority or Ministry of Water Development or the Ministry of Health for all disposal systems other than those connected to a local authority's sewage system.
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46. |
Notwithstanding the provisions of paragraphs 43 and 44 a university not connected to a local authority's sewage system shall have at least two hectares of land set aside for the construction of a sewage plant and the land shall be so situated as to ensure public health and safety from effluent originating from the plant.
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47. |
Every university shall provide an adequate surface water collection and disposal system.
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48. |
In assessing the adequacy of the disposal system the following factors shall be taken into account—
(a) |
the capability to drain and dispose of surface water in such a manner as to cause the least inconveniences or nuisance to the public;
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(b) |
the absence of surface run-off or stormwater from university buildings and related infrastructure such as roads, parking areas, and playing fields.
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49. |
Every university shall provide, keep clean and maintain adequate and suitable sanitary conveniences, which conform in all respects to the requirements of the Building Code, for the students and all persons working in the university and where students or other persons of both sexes are accommodated or are expected to be accommodated the conveniences shall afford proper separate facilities for, persons of each sex.
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50. |
In a day university, the following well lighted and ventilated closets, urinals, wash hand basins and drinking water fountains shall be provided—
(a) |
one W.C. for every 8 female students;
|
(b) |
one W.C. for every 10 male students;
|
(c) |
one urinal stall for every 25 male students;
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(d) |
one wash hand basin for every 16 students;
|
(e) |
one drinking water fountain for every 12 students;
|
(f) |
a sanitary disposal facility.
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|
51. |
In a residential university the following well lighted and ventilated closets, urinals, wash hand basins, bathrooms and drinking water fountains shall be provided—
(a) |
one W.C. per every 15 male students;
|
(b) |
one W.C. per every 10 female students;
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(c) |
one urinal per every 10 students;
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(d) |
one wash hand basin per every 10 students;
|
(e) |
one bath or shower per every 10 male students;
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(f) |
one bath or shower per every 8 female students;
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(g) |
one drinking water fountain for every 20 students;
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(h) |
a sanitary disposal facility.
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|
PART VIII - LAND REQUIREMENTS
52. |
Every university shall produce evidence of owning land capable of supporting a student population of at least 500 students and for the purposes of this paragraph the land area required to support a student population of 500 shall be 20 hectares.
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53. |
Every university shall show evidence of owning land on freehold terms, or for a leasehold term of not less than 45 years; and the land shall, in addition—
(a) |
be free from, all encumberances other than those of a statutory nature;
|
(b) |
be vested in a trusteeship of the university, which shall own such land as non-profit making body and in perpetual succession.
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|
54. |
Each university shall be built on land parcels which are either a continuous holding or on individual land parcels that are contiguous to one another or in dose proximity to each other:
Provided that in all cases where land parcels are not contiguous to one another—
(i) |
they shall, in cases where the student population does not exceed 500, be situated at a distance not exceeding two kilometres from one another and be connected by a motorable road; |
(ii) |
the main university campus shall be built on a parcel of land not less than half the area requited to house 500 students. |
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55. |
All parcels of land designated for university use shall be at least two hectares in size and all university buildings and facilities thereon shall conform to the minimum space and compound requirements stipulated in these Standards, the Building Code, the Public Health Act or any other legislation relating to the safeguarding of public safety and educational standards.
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56. |
Land at the main campus and at all the other non-contiguous parcels shall be used only for university purposes, and for only such other uses as are necessary for supporting university activities; and the use shall, in addition, conform to a master plan prepared in accordance with these Standards and all applicable laws and designed in such a way that a all building facilities and proposed developments are functionally related and compatible and all academic buildings, classrooms, libraries, laboratories, assembly halls, auditoriums, audiovisual centre and other facilities are in close proximity to one another.
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57. |
The masterplan shall, in addition to any other details required by law to be included, indicate—
(a) |
the location of the existing and proposed university buildings;
|
(b) |
the layout of all roads and pathways serving all buildings, which shall be such that the health and safety of the occupants and user of the university is not endangered;
|
(c) |
the layout of all waste and soil drain pipes, sewers, culverts, septic tanks, stormwater drains, and run-off catchment drains so laid that the health and safety of all occupants and users of the university is not endangered;
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(d) |
the location of all areas to be used by all other activities related to the university such as sports fields, university farms, forests, arboreta and sewage treatment;
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(e) |
the layout of all telephone and electricity service lines shall be laid in a safe manner.
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|
58. |
All administrative buildings shall be located on the main campus and must be so situated as to be clearly visible from the road approach.
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59. |
The minimum total area set aside for open space and cat park shall not be less than two hectares which area shall not incorporate land set aside for sporting facilities.
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60. |
A university shall have or shall have access to at least one standard athletics track enclosing a football pitch, at least one standard lawn tennis pitch, one standard volleyball pitch, one standard badminton or tenniquoit pitch and one standard netball court.
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61. |
For the purpose of paragraph 60 a university shall set aside at least five hectares of land for outdoor sports for the first five hundred students and at least two hectares for every additional two hundred students.
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THIRD SCHEDULE
Fees
[Rule 21.]
THE CHARTER OF THE UNIVERSITY OF EASTERN AFRICAN, BARATON
ARRANGEMENT OF PARAGRAPHS
PART I – PRELIMINARY
PART II – ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY
3. |
Establishment and incorporation
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4. |
The common seal and signification of documents
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6. |
Philosophy and objectives of the University
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8. |
Degrees, diplomas, certificates and other awards
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PART III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
13. |
The University Council
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14. |
The Administrative Board
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15. |
The General Faculty Assembly
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PART IV – ADMINISTRATION OF THE UNIVERSITY
18. |
The Deputy Vice-Chancellor
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19. |
The Registrar of Admissions and Records
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22. |
Performance of duties during incapacity of office holder
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PART V – FINANCIAL PROVISIONS
PART VI – MISCELLANEOUS PROVISIONS
THE CHARTER OF THE UNIVERSITY OF EASTERN AFRICAN, BARATON, 1991
WHEREAS the Seventh-day Adventist Church, the current sponsors of the University of Eastern Africa situated in the Republic of Kenya, wishes to establish an institution in the name of University of Eastern Africa, Baraton;
AND WHEREAS the said University of Eastern Africa, Baraton, has applied to the Commission for Higher Education for the grant of a charter in the manner prescribed under the Universities Act;
AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of the University of Eastern Africa, Baraton, are consistent with the advancement of university education in Kenya;
AND WHEREAS the Commission for Higher Education is also satisfied that the University of Eastern Africa, Baraton, has complied with the provisions of the Universities Act, and the Univerisities Rules, 1989 (L.N. 56/1989);
AND WHEREAS the Commission for Higher Education has submitted a draft charter, the text whereof is annexed hereto, to the Minister for Education on the said institution and the Minister is satisfied that the University of Eastern Africa, Baraton, be granted the charter;
AND WHEREAS the Minister has submitted the charter to me with recommendations thereon;
AND WHEREAS 1 am satisfied that the granting of the Charter will be of benefit to the advancement of university education in Kenya;
Now wherefore, by these presents, be it known that in exercise of the powers conferred upon me by section 12 of the Universities Act, I, Daniel Toraitich arap Moi, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, hereby grant the Charter annexed hereto to the University of Eastern Africa, Baraton.
PART I – PRELIMINARY
1. |
Short title
This Charter may be cited as the University of Eastern Africa, Baraton, Charter, 1991.
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2. |
Interpretation
In this Charter, unless the context requires otherwise—
"Act" means the Universities Act;
"affiliated College" means a tertiary institution that has a formal academic linkage with the University of Eastern Africa, Baraton;
"Board of Regents" means the supreme international academic accreditation body of the Seventh-day Adventist Church;
"Business Manager" means the chief financial officer of the University;
"Chancellor" means the Executive Director of the Eastern Africa Division of Seventh-day;
"Chairperson" means the head of a Department;
"Charter" means this Charter;
"Conference” means a subdivision of a Union that is financially self-supporting;
"Constituency” means the executive committee of the Eastern Africa Division whose membership is enlarged every five years for the purpose of electing regional leaders, deliberating on division-wide issues and matters relating to the University of Eastern Africa, Baraton;
"Dean" means the head of a School;
"Dean of Students" means the officer in charge of student affairs other than financial matters;
"Deputy Vice-Chancellor" means an administrative associate of the Vice-Chancellor;
"Department" means a subdivision of a School;
"Director of Education" means-the supervisor of education in a church territorial unit;
"Eastern Africa Division (E.A.D.) of Seventh-day Adventist" means the territorial unit of the Seventh-day Adventist Church which comprises the following countries the following countries: Ethiopia, Djibouti, Somalia, Kenya, Uganda, Tanzania, Zambia, Malawi, Zimbabwe and Botswana;
"Executive Director" means the chief administrative officer of a territorial unit of the Seventh-day Adventist Church;
"Field” means a subdivision of a Union that is not financially self-supporting;
"General Conference of Seventh-day Adventists” means the worldwide organization of the Seventh-day Adventist Church head-quartered in Silver Springs, Maryland, U.S.A;
"General Faculty Assembly" means a body composed of the administrators, senior staff, and all lecturers in the University;
"Registrar of Admissions and Records" means the officer who directs admission of students and the academic record-keeping processes;
“Public university” means a university established by an Act of Parliament of the Republic of Kenya;
"Secretary" means the administrator who is second in command of a church territorial unit;
"School" means the major academic subdivision of the University which is made up of constituent departments;
"Statutes" means the rules enacted by the University Council for the governance of the University;
"Treasurer" means the administrator Who is third in command of a church territorial unit;
"Union" means the major regional territorial unit of the E.A.D.;
"University" means the University of Eastern Africa, Baraton;
"Vice-Chancellor" means the chief academic and administrative officer of the University of Eastern Africa, Baraton.
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PART II – ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY
3. |
Establishment and incorporation
(1) |
There shall be established a university at Baraton to be known as the University of Eastern Africa, Baraton which shall be constituted in accordance with this Charter.
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(2) |
The University shall be a body corporate by the name of the University of Eastern Africa, Baraton, with perpetual succession and common seal, and shall in that name be capable of—
(a) |
taking, purchasing or otherwise acquiring, holding, charging and disposing of property, movable or immovable;
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(b) |
borrowing or lending money;
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(d) |
doing or performing all such other transactions or acts for the furtherance of the provisions of the Charter which may be lawfully done or performed by a body corporate;
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(e) |
entering into contracts with the Government of Kenya, with other institutions and with individuals;
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(f) |
receiving bequests and gifts which shall be used only for the purposes stated by the person or persons making such bequests or gifts.
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|
(3) |
The University is the successor to the University of Eastern Africa formerly affiliated to Andrews University in the U.S.A., and subject to this Charter all tights, duties, obligations, assets and liabilities of the University of Eastern Africa existing at the commencement of this Charter shall be automatically and fully transferred to the University and any reference to the University of Eastern Africa in any contract or document shall for all purposes be deemed to be a reference to the University established under subsection (1).
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|
4. |
The common seal and signification of documents
(1) |
The common seal of the University of Eastern Africa shall be kept in such custody as the University Council directs and shall not be used except as ordered by the University Council.
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(2) |
The common Seal of the University shall be authenticated by the signature of the Vice-Chancellor or of his designee and of a Deputy Vice-Chancellor and in the absence of the Vice-Chancellor, the Chairman of the University Council may authenticate the seal with his signature.
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(3) |
The common seal of the University when affixed to any document and duly authenticated as provided for under this section shall be judicially and officially noticed, and, unless and until the contrary is proved, any necessary order or authorization of the University Council under this section shall be presumed to have been duly given.
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5. |
Affiliated Colleges
The University may enter into various types of academic linkage or affiliation as approved by the University Council.
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6. |
Philosophy and objectives of the University
(1) |
The University is a christian institution and as such espouses and expects all its students, staff and workers to also espouse a christian philosophy of life and to conduct themselves in accordance with such of the tenets and principles of that philosophy as are part of the basic affirmation of the Seventh-day Adventist Church.
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(2) |
The foregoing philosophy gives rise to the following objectives—
(a) |
to provide a balanced educational programme that gives each student the opportunity to develop spiritually, mentally, physically and socially;
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(b) |
to encourage the student to understand, appreciate and adopt a christian lifestyle and value through appropriate religious instruction in the classroom, a variety of religious services and activities and the development of an atmosphere on campus where christian principles find practical expression in all relationships;
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(c) |
to help the student to strive for mental excellence by maintaining a faculty of well-qualified teachers who can guide the student in the pursuit of knowledge, assisting the student to develop intellectual curiosity, and an intense desire to reach the highest level of professional skill; and helping the student to refine his or her analytical abilities, thus promoting individuality and a proper measure of self-reliance.
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(d) |
to assist the student to achieve and maintain physical health by guiding to a fuller understanding of healthful living, helping him to appreciate the dignity of labour and to recognize the value of manual work, providing appropriate sports activities and encouraging the adoption of a personal exercise programme, and providing healthful food and living quarters;
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(e) |
to prepare the student to become a useful member of society by promoting understanding and acceptance of persons from various backgrounds in the University community, helping to develop social skills that make for harmonious human relationships, emphasizing christian service as the goal of life encouraging the application of knowledge within the student's societal context, and showing sensitivity to environmental concerns;
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(f) |
to prepare the student for an active role in the mission of the Seventh-day Adventist church and a service-centred vocation and profession which would contribute to the betterment of society;
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(g) |
to provide adequate equipment and facilities for a high quality education, such as library resources, laboratories, research facilities, classrooms and buildings to support various curricula.
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|
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7. |
Functions
(1) |
The functions of the University shall be—
(a) |
to formulate rules and procedures for its own government and financial support;
|
(b) |
to provide for the establishment of affiliated colleges, Schools, Department and such other institutions and facilities as the University Council might designate;
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(c) |
to provide for the appointment and job descriptions of personnel to assist in the governance of the University;
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(d) |
to maintain a record of its proceedings;
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(e) |
to provide facilities for university education, including technological and professional education, and for research either directly or through the medium of affiliated colleges, schools or department;
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(f) |
to assist in the preservation, transmission and increase of knowledge and in the stimulation of the intellectual life and cultural development of the students;
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(g) |
to conduct examinations for, and to grant degrees, diplomas, certificates and other awards of the University;
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(h) |
to determine the curriculum to be taught by and the qualifications of lectures;
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(i) |
to co-operate with the Ministry of Education of the Republic of Kenya, in the development of higher education;
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(j) |
to revise or discontinue existing programmes as well as to examine and approve proposals for school, departments, degree courses, or subjects of study; and
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(k) |
to provide for the harmonious development of the whole man through a balanced programme of mental, spiritual, and social studies, activities and experiences.
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(2) |
Subject to the Act and this Charter the criteria for admission to the University shall be such minimum criteria including those relating to mature age candidates from other countries or its equivalent time be for those coming from other countries as may from time to determined in respect of public universities.
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(3) |
The University shall be open to any student irrespective of background, religion, sex or socio-economic status who desires a high quality education and who is willing to co-operate with the University and be comfortable within its atmosphere:
Provided that nothing herein shall preclude the University from exercising a special responsibility towards fits constituency, the Seventh-day Adventist Church.
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|
8. |
Degrees, diplomas, certificates and other awards
(1) |
Subject to the provisions of this Charter, the University of Eastern Africa, Baraton, may—
(a) |
confer the degree of Bachelor, Master, Doctor and such other degrees as may be provided for in the statutes; and
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(b) |
grant diplomas or certificates or other awards.
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|
(2) |
The provision of subsection (1) shall apply to any degree, honoris causa, which the University may wish to confer upon a person who has rendered, distinguished service in the advancement of any branch of learning.
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(3) |
A graduation ceremony at which degrees are conferred shall be held on the campus of the University at least once a year be conducted in accordance with the following procedure—
(a) |
the presiding officer shall be the Vice-Chancellor, or in his absence the Deputy Vice-Chancellor;
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(b) |
it shall be the responsibility of the Registrar of admissions and records to certify that each candidate for a special degree has satisfied all the requirements for that degree and has paid prescribed fees;
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(c) |
the certified list of candidates for degrees shall be subject to the review and approval of the administration and faculty meeting in convocation for this purpose; and
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(d) |
the procedure for conferring degrees, the academic regalia to be worn and other necessary details shall be prescribed in the Statutes.
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|
PART III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
9. |
Membership
The members of the University shall be—
(c) |
the Deputy Vice-Chancellors;
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(f) |
the Registrar of Admissions and Records;
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(g) |
the Principal, of each Affiliated College;
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(h) |
the Members of the University Council;
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(i) |
the Professors and Lecturers of the University;
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(l) |
such other members of staff of the University, the alumni, or any other body formally admitted into association with the University.
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|
10. |
Governance
The governance and control of the University shall rest in the following bodies—
(d) |
the Administrative Board;
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(e) |
the General Faculty Assembly; and
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|
11. |
The Chancellor
(1) |
The Executive Director of the East Africa Division of the Seventh-day Adventist Church shall be the Chancellor.
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(2) |
The Chancellor shall, unless he is unable to do so, chair all meetings of the University Council.
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12. |
The Constituency
(1) |
The Constituency of the University shall have and exercise the following functions—
(a) |
to appoint quinquennially the non-ex officio members of the University Council;
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(b) |
to outline and enact the general policies controlling the University in harmony with the standards and policies of the Seventh-day Adventist church, and this Charter;
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(c) |
to receive reports on the operation and progress of the University from the Vice-Chancellor and to determine whether the purpose and objectives for which the University was established are being met.
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13. |
The University Council
(1) |
The University Council shall consist of not less than 19 and not more than 25 members as follows—
(b) |
the Secretary of the Eastern Africa Division as first vice-chairman;
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(c) |
the Executive Director of the East African Union as second vice-chairman;
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(d) |
the Vice-Chancellor of the University as secretary;
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(e) |
the Treasurer of the Eastern Africa Division;
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(f) |
the Director of Education of the General Conference or his representative;
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(g) |
the Director of Education of the Eastern Africa Division;
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(h) |
the Executive Directors of all Unions in the Eastern Africa Division;
|
(i) |
the Director of Education of the East African Union;
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(j) |
the Directors of Education of the Ethiopian Union, and Uganda Union, and the Tanzania Union on annual rotation;
|
(k) |
the Executive Director of the field where the University is located; and
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(l) |
such number of lay persons not exceeding six and not being church employees as may be appointed by the Constituency from the local community and the Republic of Kenya at large and within the region served by the University of Eastern Africa, Baraton.
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|
(2) |
The Council of the University shall have and exercise the following functions—
(a) |
to appoint the Vice-Chancellor as and when a vacancy arises;
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(b) |
to ensure the operation of the University as a whole and all its departments severally and in harmony with the general policies outlined by the Constituency, and to establish operational policies which will assure that the purposes of the University are being realized;
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(c) |
to provide facilities and to maintain a physical entity adequate to meet the needs of the planned enrolment in the various academic and vocational programmes Which shall be adopted;
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(d) |
to appoint, transfer, or dismiss administrative officers, faculty and staff members of the University and to prescribe the duties, terms and conditions that shall apply to these appointments;
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(e) |
to make such other appointments, paid or honorary, as may be necessary for the operation of the University;
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(f) |
to determine the various faculty ranks and staff positions which shall apply in the University and to adopt the conditions of promotion within the ranks and positions;
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(g) |
to set the salary and wage rates for administrative, faculty, staff and support personnel;
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(h) |
to set the rates for tuition, board, room, fees and governing financial and scholarship relationships of the students to the University of Eastern Africa;
|
(i) |
to require and adopt an annual operating budget for the University of Eastern Africa, Baraton, Which shall govern the financial activities and decisions in the operation of the University;
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(j) |
to approve the financial record system of the University and to require an audit of these accounts annually by independent auditors;
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(k) |
to receive, review and approve periodical financial statements of the University's operation;
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(l) |
to administer the property and funds of the University both movable and immovable in a manner and for purposes which shall promote the best interest of the University;
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(m) |
to receive on behalf of the University donations, endowments and grants;
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(n) |
to signify the acts of the University by use of a common seal;
|
(o) |
to approve the composition of the major staff committees of the University;
|
(p) |
to perform such other functions as may be conferred upon it by this Charter and the Statutes.
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|
|
14. |
The Administrative Board
(1) |
The members of the Administrative Board shall be the Vice-Chancellor; who shall be chairman; the Deputy Vice-Chancellor; secretary; the Business Manager; the Dean of Students; and the Registrar of Admissions and Records.
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(2) |
The function of the Administrative Board shall be to make decisions regarding the day-to-day operations of the University.
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|
15. |
The General Faculty Assembly
(1) |
The General Faculty Assembly of the University shall consist of—
(a) |
the Vice-Chancellor who shall be the Chairman;
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(b) |
the Registrar of Admissions and Records who shall be the Secretary;
|
(c) |
the Deputy Vice-Chancellor;
|
(e) |
the Principal of each affiliated college;
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(h) |
all professors and representatives of schools and colleges of the University; and
|
(i) |
any other persons as may be invited by the Vice-Chancellor.
|
|
(2) |
The Assembly shall have and exercise the following functions—
(a) |
to consider and set policies on board educational issues;
|
(b) |
to consider plans for continued professional growth;
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(c) |
to propose statutes on social, disciplinary and academic policies, and to receive reports on the operation of any aspect of the University;
|
(d) |
to receive reports from Members who are engaged in research projects;
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(e) |
to approve such candidates for degrees, diplomas and other awards as may be recommended by the Academic Standards Committee;
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(f) |
to consider such other problems that issues as may be of interest to the faculty, or as may be delegated to it by the University Council.
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|
|
16. |
Committees
The University Council may, by statute, establish such Committees as are necessary for the efficient discharge of the educational functions of the University.
|
PART IV – ADMINISTRATION OF THE UNIVERSITY
17. |
The Vice-Chancellor
The Vice-Chancellor shall be the administrative and academic head of the University.
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18. |
The Deputy Vice-Chancellor
The Deputy Vice-Chancellor shall have such functions and powers as the University Council may, by statute define.
|
19. |
The Registrar of Admissions and Records
The Registrar of Admissions and Records mill have such functions and powers as the University Council may, by statute, define.
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20. |
The Business Manager
The Business Manager shall be the chief financial officer of the University.
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21. |
The Dean of Students
The Dean of Students shall be responsible for all student affairs other than those related to finances.
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22. |
Performance of duties during incapacity of office holder
(1) |
The functions of the Vice-Chancellor may be performed by the Deputy Vice-Chancellor in the event of the incapacity of the Vice-Chancellor.
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(2) |
In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellor, the functions of the Vice-Chancellor may be performed by the Business Manager.
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(3) |
In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellor and the Business Manager, the functions of the Vice-Chancellor may be performed by the Dean of Students.
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(4) |
In the event of the simultaneous incapacity of the above named officers, the functions of the Vice-Chancellor may be performed by the Registrar for Administration and Records.
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(5) |
In the event of the incapacity of any University staff member other than the Vice-Chancellor, the Vice-Chancellor may appoint a person to perform that member's functions.
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(6) |
In this section "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concerned.
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|
PART V – FINANCIAL PROVISIONS
23. |
Funds and resources
The funds and resources of the University shall be derived from the following sources—
(a) |
annual grants and appropriations from the Eastern Africa Division of the General Conference;
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(b) |
endowments, gifts and trusts;
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(d) |
income from University auxiliary enterprises and investments;
|
(e) |
such other sources as the University may from time to time identify.
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|
24. |
Budgeting
(1) |
Before the commencement of a financial year the Vice-Chancellor shall, through the office of the Business Manager, and in consultation with the Deputy Vice-Chancellor and other personnel, prepare a budget detailing the estimated revenues and expenditure during the financial year.
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(2) |
The annual budget shall be presented to the University Council for approval.
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|
25. |
Accounts and audit
The financial records of the University shall be audited annually by the auditing service of the Seventh-day Adventist Church.
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PART VI – MISCELLANEOUS PROVISIONS
26. |
Statutes
(1) |
The University Council shall have power, subject to the provisions of the Act and of this Charter, to make statutes generally for the governance, control and administration of the University, for the better carrying into effect of the purposes of this Charter, and for all purposes connected therewith, and in particular for—
(a) |
the establishment of schools, institutes, affiliated colleges of the University;
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(b) |
the description of degrees;
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(c) |
the requirements for the awarding of degrees;
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(d) |
the conduct of examinations;
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(e) |
prescribing fees and boarding charges;
|
(f) |
settling the terms and conditions of service, including appointments, dismissals, remuneration and retiring benefits of members of the staff of the University;
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(g) |
the composition and procedures of the University Council, and the establishment, composition and terms of reference of the committees of the Council;
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(h) |
prescribing the rules and regulations for the student form;
|
(i) |
providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the Statutes.
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|
(2) |
Notwithstanding the provisions of subsection (1) of this section, the Council shall not make, amend, or revoke any provisions relating to the functions or privileges of the Chancellor, the Vice-Chancellor, or the General Faculty Assembly without first ascertaining the opinion of the General Faculty Assembly thereon.
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(3) |
Statutes shall only be made by a resolution passed at one meeting of the University Council by at least three-fourths of the members present and voting such majority being not less than half of the total membership of the Council and confirmed at a subsequent meeting not less than one, nor more than twelve months there-after.
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(4) |
Statutes made under this Charter may be published by the Council in the Kenya Gazette but Section 27, 31(e) and of the Interpretation and General Provision Act (Cap. 2) shall not apply to the Statutes made under this Charter.
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(5) |
Any Statute under this Charter may be revoked by a two-thirds of the total membership of the Council.
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27. |
Protection of name
(1) |
Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names shall accept for such registration any name which includes together with the word "University", the words "Eastern Africa", and/or "Baraton", unless the application for such registration is accompanied by the written consent of the Council.
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(2) |
Any person who, except with the written consent of the Council, uses the word “University" together with the words "Eastern Africa, Baraton" 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 thousand shillings or to imprisonment for a period not exceeding one month or to both such fine and imprisonment. Provided that nothing in this subsection shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of any degree, diploma, or certificate by the University.
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THE CHARTER OF THE UNIVERSITY OF EASTERN AFRICAN, BARATON
WHEREAS the Seventh-day Adventist Church, the current sponsors of the University of Eastern Africa situated in the Republic of Kenya, wishes to establish an institution in the name of University of Eastern Africa, Baraton;
AND WHEREAS the said University of Eastern Africa, Baraton, has applied to the Commission for Higher Education for the grant of a charter in the manner prescribed under the Universities Act;
AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of the University of Eastern Africa, Baraton, are consistent with the advancement of university education in Kenya;
AND WHEREAS the Commission for Higher Education is also satisfied that the University of Eastern Africa, Baraton, has complied with the provisions of the Universities Act (Cap 210), and the Univerisities Rules (L.N. 56/1989);
AND WHEREAS the Commission for Higher Education has submitted a draft charter, the text whereof is annexed hereto, to the Cabinet Secretary for Education on the said institution and the Cabinet Secretary is satisfied that the University of Eastern Africa, Baraton, be granted the charter;
AND WHEREAS the Cabinet Secretary has submitted the charter to me with recommendations thereon;
AND WHEREAS I am satisfied that the granting of the Charter will be of benefit to the advancement of university education in Kenya;
Now wherefore, by these presents, be it known that in exercise of the powers conferred upon me by section 12 of the Universities Act (Cap. 210B), I, Daniel Toroitich arap Moi, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, hereby grant the Charter annexed hereto to the University of Eastern Africa, Baraton.
PART I – PRELIMINARY
1. |
Short title
This Charter may be cited as the University of Eastern Africa, Baraton, Charter.
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2. |
Interpretation
In this Charter, unless the context requires otherwise—
"Act" means the Universities Act (Cap. 210);
"affiliated College" means a tertiary institution that has a formal academic linkage with the University of Eastern Africa, Baraton;
"Board of Regents" means the supreme international academic accreditation body of the Seventh-day Adventist Church;
"Business Manager" means the chief financial officer of the University;
"Chancellor" means the Executive Director of the Eastern Africa Division of Seventh-day;
"Chairperson" means the head of a Department;
"Charter" means this Charter;
"Conference” means a subdivision of a Union that is financially self-supporting;
"Constituency” means the executive committee of the Eastern Africa Division whose membership is enlarged every five years for the purpose of electing regional leaders, deliberating on division-wide issues and matters relating to the University of Eastern Africa, Baraton;
"Dean" means the head of a School;
"Dean of Students" means the officer in charge of student affairs other than financial matters;
"Deputy Vice-Chancellor" means an administrative associate of the Vice-Chancellor;
"Department" means a subdivision of a School;
"Director of Education" means-the supervisor of education in a church territorial unit;
"Eastern Africa Division (E.A.D.) of Seventh-day Adventist" means the territorial unit of the Seventh-day Adventist Church which comprises the following countries the following countries: Ethiopia, Djibouti, Somalia, Kenya, Uganda, Tanzania, Zambia, Malawi, Zimbabwe and Botswana;
"Executive Director" means the chief administrative officer of a territorial unit of the Seventh-day Adventist Church;
"Field” means a subdivision of a Union that is not financially self-supporting;
"General Conference of Seventh-day Adventists” means the worldwide organization of the Seventh-Day Adventist Church head-quartered in Silver Springs, Maryland, U.S.A;
"General Faculty Assembly" means a body composed of the administrators, senior staff, and all lecturers in the University;
"Registrar of Admissions and Records" means the officer who directs admission of students and the academic record-keeping processes;
“Public university” means a university established by an Act of Parliament of the Republic of Kenya;
"Secretary" means the administrator who is second in command of a church territorial unit;
"School" means the major academic subdivision of the University which is made up of constituent departments;
"Statutes" means the rules enacted by the University Council for the governance of the University;
"Treasurer" means the administrator Who is third in command of a church territorial unit;
"Union" means the major regional territorial unit of the E.A.D.;
"University" means the University of Eastern Africa, Baraton;
"Vice-Chancellor" means the chief academic and administrative officer of the University of Eastern Africa, Baraton.
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PART II – ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY
3. |
Establishment and incorporation
(1) |
There shall be established a university at Baraton to be known as the University of Eastern Africa, Baraton which shall be constituted in accordance with this Charter.
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(2) |
The University shall be a body corporate by the name of the University of Eastern Africa, Baraton, with perpetual succession and common seal, and shall in that name be capable of—
(a) |
taking, purchasing or otherwise acquiring, holding, charging and disposing of property, movable or immovable;
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(b) |
borrowing or lending money;
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(d) |
doing or performing all such other transactions or acts for the furtherance of the provisions of the Charter which may be lawfully done or performed by a body corporate;
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(e) |
entering into contracts with the Government of Kenya, with other institutions and with individuals;
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(f) |
receiving bequests and gifts which shall be used only for the purposes stated by the person or persons making such bequests or gifts.
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(3) |
The University is the successor to the University of Eastern Africa formerly affiliated to Andrews University in the U.S.A., and subject to this Charter all tights, duties, obligations, assets and liabilities of the University of Eastern Africa existing at the commencement of this Charter shall be automatically and fully transferred to the University and any reference to the University of Eastern Africa in any contract or document shall for all purposes be deemed to be a reference to the University established under subsection (1).
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4. |
The common seal and signification of documents
(1) |
The common seal of the University of Eastern Africa shall be kept in such custody as the University Council directs and shall not be used except as ordered by the University Council.
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(2) |
The common Seal of the University shall be authenticated by the signature of the Vice-Chancellor or of his designee and of a Deputy Vice-Chancellor and in the absence of the Vice-Chancellor, the Chairperson of the University Council may authenticate the seal with his signature.
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(3) |
The common seal of the University when affixed to any document and duly authenticated as provided for under this section shall be judicially and officially noticed, and, unless and until the contrary is proved, any necessary order or authorization of the University Council under this section shall be presumed to have been duly given.
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5. |
Affiliated Colleges
The University may enter into various types of academic linkage or affiliation as approved by the University Council.
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6. |
Philosophy and objectives of the University
(1) |
The University is a christian institution and as such espouses and expects all its students, staff and workers to also espouse a christian philosophy of life and to conduct themselves in accordance with such of the tenets and principles of that philosophy as are part of the basic affirmation of the Seventh-day Adventist Church.
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(2) |
The foregoing philosophy gives rise to the following objectives—
(a) |
to provide a balanced educational programme that gives each student the opportunity to develop spiritually, mentally, physically and socially;
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(b) |
to encourage the student to understand, appreciate and adopt a christian lifestyle and value through appropriate religious instruction in the classroom, a variety of religious services and activities and the development of an atmosphere on campus where christian principles find practical expression in all relationships;
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(c) |
to help the student to strive for mental excellence by maintaining a faculty of well-qualified teachers who can guide the student in the pursuit of knowledge, assisting the student to develop intellectual curiosity, and an intense desire to reach the highest level of professional skill; and helping the student to refine his or her analytical abilities, thus promoting individuality and a proper measure of self-reliance.
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(d) |
to assist the student to achieve and maintain physical health by guiding to a fuller understanding of healthful living, helping him to appreciate the dignity of labour and to recognize the value of manual work, providing appropriate sports activities and encouraging the adoption of a personal exercise programme, and providing healthful food and living quarters;
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(e) |
to prepare the student to become a useful member of society by promoting understanding and acceptance of persons from various backgrounds in the University community, helping to develop social skills that make for harmonious human relationships, emphasizing christian service as the goal of life encouraging the application of knowledge within the student's societal context, and showing sensitivity to environmental concerns;
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(f) |
to prepare the student for an active role in the mission of the Seventh-day Adventist church and a service-centred vocation and profession which would contribute to the betterment of society;
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(g) |
to provide adequate equipment and facilities for a high quality education, such as library resources, laboratories, research facilities, classrooms and buildings to support various curricula.
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7. |
Functions
(1) |
The functions of the University shall be—
(a) |
to formulate rules and procedures for its own government and financial support;
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(b) |
to provide for the establishment of affiliated colleges, Schools, Department and such other institutions and facilities as the University Council might designate;
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(c) |
to provide for the appointment and job descriptions of personnel to assist in the governance of the University;
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(d) |
to maintain a record of its proceedings;
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(e) |
to provide facilities for university education, including technological and professional education, and for research either directly or through the medium of affiliated colleges, schools or department;
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(f) |
to assist in the preservation, transmission and increase of knowledge and in the stimulation of the intellectual life and cultural development of the students;
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(g) |
to conduct examinations for, and to grant degrees, diplomas, certificates and other awards of the University;
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(h) |
to determine the curriculum to be taught by and the qualifications of lectures;
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(i) |
to co-operate with the Ministry of Education of the Republic of Kenya, in the development of higher education;
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(j) |
to revise or discontinue existing programmes as well as to examine and approve proposals for school, departments, degree courses, or subjects of study; and
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(k) |
to provide for the harmonious development of the whole man through a balanced programme of mental, spiritual, and social studies, activities and experiences.
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(2) |
Subject to the Act and this Charter the criteria for admission to the University shall be such minimum criteria including those relating to mature age candidates from other countries or its equivalent time be for those coming from other countries as may from time to determined in respect of public universities.
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(3) |
The University shall be open to any student irrespective of background, religion, sex or socio-economic status who desires a high quality education and who is willing to co-operate with the University and be comfortable within its atmosphere:
Provided that nothing herein shall preclude the University from exercising a special responsibility towards fits constituency, the Seventh-day Adventist Church.
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8. |
Degrees, diplomas, certificates and other awards
(1) |
Subject to the provisions of this Charter, the University of Eastern Africa, Baraton, may—
(a) |
confer the degree of Bachelor, Master, Doctor and such other degrees as may be provided for in the statutes; and
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(b) |
grant diplomas or certificates or other awards.
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(2) |
The provision of subsection (1) shall apply to any degree, honoris causa, which the University may wish to confer upon a person who has rendered, distinguished service in the advancement of any branch of learning.
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(3) |
A graduation ceremony at which degrees are conferred shall be held on the campus of the University at least once a year be conducted in accordance with the following procedure—
(a) |
the presiding officer shall be the Vice-Chancellor, or in his absence the Deputy Vice-Chancellor;
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(b) |
it shall be the responsibility of the Registrar of admissions and records to certify that each candidate for a special degree has satisfied all the requirements for that degree and has paid prescribed fees;
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(c) |
the certified list of candidates for degrees shall be subject to the review and approval of the administration and faculty meeting in convocation for this purpose; and
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(d) |
the procedure for conferring degrees, the academic regalia to be worn and other necessary details shall be prescribed in the Statutes.
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PART III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
9. |
Membership
The members of the University shall be—
(c) |
the Deputy Vice-Chancellors;
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(f) |
the Registrar of Admissions and Records;
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(g) |
the Principal, of each Affiliated College;
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(h) |
the Members of the University Council;
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(i) |
the Professors and Lecturers of the University;
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(l) |
such other members of staff of the University, the alumni, or any other body formally admitted into association with the University.
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10. |
Governance
The governance and control of the University shall rest in the following bodies—
(d) |
the Administrative Board;
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(e) |
the General Faculty Assembly; and
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11. |
The Chancellor
(1) |
The Executive Director of the East Africa Division of the Seventh-day Adventist Church shall be the Chancellor.
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(2) |
The Chancellor shall, unless he is unable to do so, chair all meetings of the University Council.
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12. |
The Constituency
The Constituency of the University shall have and exercise the following functions—
(a) |
to appoint quinquennially the non ex officio members of the University Council;
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(b) |
to outline and enact the general policies controlling the University in harmony with the standards and policies of the Seventh-day Adventist church, and this Charter;
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(c) |
to receive reports on the operation and progress of the University from the Vice-Chancellor and to determine whether the purpose and objectives for which the University was established are being met.
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13. |
The University Council
(1) |
The University Council shall consist of not less than 19 and not more than 25 members as follows—
(b) |
the Secretary of the Eastern Africa Division as first vice-Chairperson;
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(c) |
the Executive Director of the East African Union as second vice-Chairperson;
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(d) |
the Vice-Chancellor of the University as secretary;
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(e) |
the Treasurer of the Eastern Africa Division;
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(f) |
the Director of Education of the General Conference or his representative;
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(g) |
the Director of Education of the Eastern Africa Division;
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(h) |
the Executive Directors of all Unions in the Eastern Africa Division;
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(i) |
the Director of Education of the East African Union;
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(j) |
the Directors of Education of the Ethiopian Union, and Uganda Union, and the Tanzania Union on annual rotation;
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(k) |
the Executive Director of the field where the University is located; and
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(l) |
such number of lay persons not exceeding six and not being church employees as may be appointed by the Constituency from the local community and the Republic of Kenya at large and within the region served by the University of Eastern Africa, Baraton.
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(2) |
The Council of the University shall have and exercise the following functions—
(a) |
to appoint the Vice-Chancellor as and when a vacancy arises;
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(b) |
to ensure the operation of the University as a whole and all its departments severally and in harmony with the general policies outlined by the Constituency, and to establish operational policies which will assure that the purposes of the University are being realized;
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(c) |
to provide facilities and to maintain a physical entity adequate to meet the needs of the planned enrolment in the various academic and vocational programmes which shall be adopted;
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(d) |
to appoint, transfer, or dismiss administrative officers, faculty and staff members of the University and to prescribe the duties, terms and conditions that shall apply to these appointments;
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(e) |
to make such other appointments, paid or honorary, as may be necessary for the operation of the University;
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(f) |
to determine the various faculty ranks and staff positions which shall apply in the University and to adopt the conditions of promotion within the ranks and positions;
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(g) |
to set the salary and wage rates for administrative, faculty, staff and support personnel;
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(h) |
to set the rates for tuition, board, room, fees and governing financial and scholarship relationships of the students to the University of Eastern Africa;
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(i) |
to require and adopt an annual operating budget for the University of Eastern Africa, Baraton, which shall govern the financial activities and decisions in the operation of the University;
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(j) |
to approve the financial record system of the University and to require an audit of these accounts annually by independent auditors;
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(k) |
to receive, review and approve periodical financial statements of the University's operation;
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(l) |
to administer the property and funds of the University both movable and immovable in a manner and for purposes which shall promote the best interest of the University;
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(m) |
to receive on behalf of the University donations, endowments and grants;
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(n) |
to signify the acts of the University by use of a common seal;
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(o) |
to approve the composition of the major staff committees of the University;
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(p) |
to perform such other functions as may be conferred upon it by this Charter and the Statutes.
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14. |
The Administrative Board
(1) |
The members of the Administrative Board shall be the Vice-Chancellor; who shall be Chairperson; the Deputy Vice-Chancellor; Secretary; the Business Manager; the Dean of Students; and the Registrar of Admissions and Records.
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(2) |
The function of the Administrative Board shall be to make decisions regarding the day-to-day operations of the University.
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15. |
The General Faculty Assembly
(1) |
The General Faculty Assembly of the University shall consist of—
(a) |
the Vice-Chancellor who shall be the Chairperson;
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(b) |
the Registrar of Admissions and Records who shall be the Secretary;
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(c) |
the Deputy Vice-Chancellor;
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(e) |
the Principal of each affiliated college;
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(h) |
all professors and representatives of schools and colleges of the University; and
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(i) |
any other persons as may be invited by the Vice-Chancellor.
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(2) |
The Assembly shall have and exercise the following functions—
(a) |
to consider and set policies on board educational issues;
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(b) |
to consider plans for continued professional growth;
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(c) |
to propose statutes on social, disciplinary and academic policies, and to receive reports on the operation of any aspect of the University;
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(d) |
to receive reports from Members who are engaged in research projects;
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(e) |
to approve such candidates for degrees, diplomas and other awards as may be recommended by the Academic Standards Committee;
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(f) |
to consider such other problems that issues as may be of interest to the faculty, or as may be delegated to it by the University Council.
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16. |
Committees
The University Council may, by statute, establish such Committees as are necessary for the efficient discharge of the educational functions of the University.
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PART IV – ADMINISTRATION OF THE UNIVERSITY
17. |
The Vice-Chancellor
The Vice-Chancellor shall be the administrative and academic head of the University.
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18. |
The Deputy Vice-Chancellor
The Deputy Vice-Chancellor shall have such functions and powers as the University Council may, by statute define.
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19. |
The Registrar of Admissions and Records
The Registrar of Admissions and Records mill have such functions and powers as the University Council may, by statute, define.
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20. |
The Business Manager
The Business Manager shall be the chief financial officer of the University.
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21. |
The Dean of Students
The Dean of Students shall be responsible for all student affairs other than those related to finances.
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22. |
Performance of duties during incapacity of office holder
(1) |
The functions of the Vice-Chancellor may be performed by the Deputy Vice-Chancellor in the event of the incapacity of the Vice-Chancellor.
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(2) |
In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellor, the functions of the Vice-Chancellor may be performed by the Business Manager.
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(3) |
In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellor and the Business Manager, the functions of the Vice-Chancellor may be performed by the Dean of Students.
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(4) |
In the event of the simultaneous incapacity of the above named officers, the functions of the Vice-Chancellor may be performed by the Registrar for Administration and Records.
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(5) |
In the event of the incapacity of any University staff member other than the Vice-Chancellor, the Vice-Chancellor may appoint a person to perform that member's functions.
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(6) |
In this section "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concerned.
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PART V – FINANCIAL PROVISIONS
23. |
Funds and resources
The funds and resources of the University shall be derived from the following sources—
(a) |
annual grants and appropriations from the Eastern Africa Division of the General Conference;
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(b) |
endowments, gifts and trusts;
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(d) |
income from University auxiliary enterprises and investments;
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(e) |
such other sources as the University may from time to time identify.
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24. |
Budgeting
(1) |
Before the commencement of a financial year the Vice-Chancellor shall, through the office of the Business Manager, and in consultation with the Deputy Vice-Chancellor and other personnel, prepare a budget detailing the estimated revenues and expenditure during the financial year.
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(2) |
The annual budget shall be presented to the University Council for approval.
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25. |
Accounts and audit
The financial records of the University shall be audited annually by the auditing service of the Seventh-day Adventist Church.
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PART VI – MISCELLANEOUS PROVISIONS
26. |
Statutes
(1) |
The University Council shall have power, subject to the provisions of the Act and of this Charter, to make statutes generally for the governance, control and administration of the University, for the better carrying into effect of the purposes of this Charter, and for all purposes connected therewith, and in particular for—
(a) |
the establishment of schools, institutes, affiliated colleges of the University;
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(b) |
the description of degrees;
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(c) |
the requirements for the awarding of degrees;
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(d) |
the conduct of examinations;
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(e) |
prescribing fees and boarding charges;
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(f) |
settling the terms and conditions of service, including appointments, dismissals, remuneration and retiring benefits of members of the staff of the University;
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(g) |
the composition and procedures of the University Council, and the establishment, composition and terms of reference of the committees of the Council;
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(h) |
prescribing the rules and regulations for the student form;
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(i) |
providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the Statutes.
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(2) |
Notwithstanding the provisions of subsection (1) of this section, the Council shall not make, amend, or revoke any provisions relating to the functions or privileges of the Chancellor, the Vice-Chancellor, or the General Faculty Assembly without first ascertaining the opinion of the General Faculty Assembly thereon.
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(3) |
Statutes shall only be made by a resolution passed at one meeting of the University Council by at least three-fourths of the members present and voting such majority being not less than half of the total membership of the Council and confirmed at a subsequent meeting not less than one, nor more than twelve months thereafter.
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(4) |
Statutes made under this Charter may be published by the Council in the Kenya Gazette but Section 27, 31(e) and of the Interpretation and General Provision Act (Cap. 2) shall not apply to the Statutes made under this Charter.
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(5) |
Any Statute under this Charter may be revoked by a two-thirds of the total membership of the Council.
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27. |
Protection of name
(1) |
Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names shall accept for such registration any name which includes together with the word "University", the words "Eastern Africa", and/or "Baraton", unless the application for such registration is accompanied by the written consent of the Council.
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(2) |
Any person who, except with the written consent of the Council, uses the word “University" together with the words "Eastern Africa, Baraton" 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 thousand shillings or to imprisonment for a period not exceeding one month or to both such fine and imprisonment. Provided that nothing in this subsection shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of any degree, diploma, or certificate by the University.
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THE CHARTER FOR THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
ARRANGEMENT OF PARAGRAPHS
PART I – PRELIMINARY
PART II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
3. |
Establishment and incorporation
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4. |
Common seal and signification of documents
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6. |
Affiliation of institutions
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7. |
Philosophy and objects
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9. |
Degrees, diplomas, certificates and other awards
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PART III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
15. |
The functions and duties of the Council
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PART IV – ADMINISTRATION OF THE UNIVERSITY
18. |
The University Management Board
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21. |
The Principals of colleges within the University
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27. |
The performance of duties during incapacity of office holder
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PART V – FINANCIAL PROVISIONS
PART VI – MISCELLANEOUS PROVISIONS
SCHEDULES
THE CHARTER FOR THE CATHOLIC UNIVERSITY OF EASTERN AFRICA, 1992
WHEREAS the Catholic Association of the Members of the Episcopal Conferences of Eastern Africa, the current proprietors of the Catholic Higher Institute of Eastern Africa situated in the Republic of Kenya, wishes to establish an institution in the name of Catholic University of Eastern Africa;
AND WHEREAS the said Catholic University of Eastern Africa has applied to the Commission for Higher Education for the grant of a charter in the manner prescribed under the Universities Act;
AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of the Catholic University of Eastern Africa, are consistent with the advancement of university education in Kenya;
AND WHEREAS the Commission for Higher Education is also satisfied that the Catholic University of Eastern Africa has complied with the provisions of the Act and the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules, 1989 (L.N. 56/1989);
AND WHEREAS the Commission for Higher Education has submitted a draft Charter, the text whereof is annexed hereto, to the Minister for Education on the said institution and the Minister is satisfied that the Catholic University of Eastern Africa, be granted the charter;
AND WHEREAS the Minister has submitted the Charter to me with recommendations thereon;
AND WHEREAS I am satisfied that the granting of the Charter will be of benefit to the advancement of university education in Kenya;
New wherefore, by these presents, be it known that in exercise of the powers conferred upon me by section 12 of the Universities Act, I, Daniel Toroitich arap Moi, President, and Commander-in-Chief of the Armed Forces, of the Republic of Kenya, hereby grant the Charter annexed hereto to the Catholic University of Eastern Africa.
A Charter to provide for the establishment, control, governance and administration of the Catholic University of Eastern Africa, and for connected purposes.
PART I – PRELIMINARY
1. |
Short title
This Charter may be cited as the Catholic University of Eastern Africa Charter, 1992.
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2. |
Interpretation
(1) |
In this Charter, unless the context otherwise requires—
"Act" means the Universities Act (Cap. 210B);
"Affiliated Institutions" means those institutions which have an academic linkage with the Catholic University of Eastern Africa for the purpose of being able to grant bachelors degrees in accordance with Sapientia Christiana Article 62.
"AMECEA” means the Association of the Members of the Episcopal Conferences of Eastern Africa Trustees (Registered);
"Chancellor" means the Chancellor of the University referred to in Section 16;
"Charter" means this Charter;
"Chairperson" means the head of a Department;
"Charter" means this Charter;
"Congregation for Catholic Education" means the commission of the Roman Catholic Church established by His Holiness the Supreme Pontiff which has competence over ecclesiastical institutions established by the authority of the Vatican, Catholic colleges and universities;
"Constituent College" means an academic institution which though autonomous administratively, is conceptually an integral part of the main University for academic purposes;
"Council" means the Council of the University established under Section 14;
"Eastern Africa" means Ethiopia, Kenya, Malawi, Sudan, Tanzania, Uganda and Zambia;
"Episcopal Conference” means a collegial entity, or association of Bishops of a given territorial region;
" Ex Corde Ecclesiae " means the Apostolic Constitution on Catholic Universities promulgated by His Holiness Pope John Paul II, the Supreme Pontiff on the 15th August, 1990 and any instrument(s) amending or replacing the same from time to time;
"Faculty" means a faculty of the University established by the statutes;
“Financial year" means the financial year of the University determined under Section 28;
"Institute" means an institute of the University established by the statutes;
"Principal" means the principal of a college appointed under Section 21;
"Public University" means a university established by an Act of Parliament of the Republic of Kenya;
"Rector" means an officer appointed under Section 19;
"Registrar" means an officer appointed under Section 22;
" Sapientia Christiana " means the Apostolic Constitution on Ecclesiastical Universities and Faculties promulgated by his Holiness Pope John Paul II, the Supreme Pontiff, on the 29th April, 1979 and any instrument(s) amending or replacing the same from time to time;
"School" means a school of the University established by statutes;
"Secretary to the Council" means a person appointed as Secretary to the Council;
"Senate" means the Senate of the University established under Section 17;
"Statutes" means the rules enacted by the University Council for the governance of the University;
"Student" means a person registered by the University for the purposes of obtaining a qualification of the University or any other person who is determined by the Senate to be a student;
"Students' Organization" means an association of students recognized by the Council as being an organization representative of the students of the University;
"University" means the Catholic University of Eastern Africa.
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(2) |
References in this Charter to offices or authorities of a constituent college shall be construed by reference to the legislation or other instruments by which that college is established or governed.
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PART II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
3. |
Establishment and incorporation
(1) |
There shall be established a university at Langata, Nairobi, to be known as the Catholic University of Eastern Africa which shall be constituted in accordance with this Charter.
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(2) |
The University shall be a body corporate by the name of the Catholic University of Eastern Africa, with perpetual succession and common seal, and shall in that name be capable of—
(a) |
taking, purchasing or otherwise acquiring, holding, charging and disposing of property, movable or immovable;
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(b) |
borrowing or lending money;
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(d) |
doing or performing all such other transactions or acts for the furtherance of the provisions of the Charter which may be lawfully done or performed by a body corporate;
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(e) |
entering into contracts with the Government of Kenya, with other institutions and with individuals;
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(f) |
receiving bequests and gifts which shall be used only for the purposes stated by the person or persons making such bequests or gifts.
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(3) |
The University is the successor to the Catholic Higher Institute of Eastern Africa, and subject to this Charter, all rights, duties, obligations, assets and liabilities of the Catholic Higher Institute of Eastern Africa existing at the commencement of this Charter shall be automatically and fully transferred to the University and any reference to the Catholic Higher Institute of Eastern Africa in any contract or document shall for all purposes be deemed to be a reference to the University established under subsection (1).
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4. |
Common seal and signification of documents
(1) |
The common seal of the University shall be kept in such custody as the Council directs and shall not be used except upon the order of the Council.
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(2) |
The common seal of the University shall be authenticated by the signature of the Rector and of the Vice-Rector, and, in the absence of the either, the Vice-Chairman of the Council.
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(3) |
The common seal of the University when affixed to any document and duly authenticated as provided for under this section shall be judicially and officially noticed, and, unless and until the contrary is proved, any necessary order or authorization of the Council under this section shall be presumed to have been duly given.
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5. |
Constituent colleges
(1) |
The constituent colleges in the Appendix are declared to be constituent colleges of the University and the constituent colleges are autonomous in administrative matters but are subject to the University in academic matters.
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(2) |
The Chancellor may, on a resolution of the Council, without prejudice to Sapientia Christiana by notice published in the Kenya Gazette—
(a) |
establish any college in Eastern Africa as a constituent college of the University;
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(b) |
declare an institution of higher learning or education or any training establishment in Eastern Africa to be a constituent college of the University.
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6. |
Affiliation of institutions
The University may enter into various types of academic linkages or affiliations within the AMECEA region as provided far in the Statutes and approved by the Council, subject to the norms of Sapientia Christiana.
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7. |
Philosophy and objects
(1) |
The University is dedicated to the Holy Trinity.
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(2) |
The motto of the University is "Consecrate them in the Truth".
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(3) |
In its search for the Truth, the University is essentially guided by Christian inspiration and values; reflects on human knowledge in the light of the Word of God and Catholic Tradition; fidelity to the Christian message found in the Word of God, Catholic Tradition and the Teaching of the Catholic Church; commitment to the service of the human family by playing a radical transcendental role in the liberative, inculturative, and transformative process for the fulfilment of the human family; commitment to Christ and his message, assistance to the members of the University and society to achieve wholeness as human persons in truth, dialogue and participation in decisions which affect the University community, individual members and society at large.
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(4) |
Besides imparting useful knowledge, the University is distinguished by its holistic approach about nature, humanity, and God and by means of a universal humanism the University is completely dedicated to the research of all aspects of truth in their essential connection with the supreme Truth, who is God.
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(5) |
In its scientific and technological research the University opts for the very meaning of the human person and is centrality in the universe.
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8. |
Functions
The functions of the University shall be—
(a) |
to be a centre of creativity and dissemination of knowledge and a community made up of both teachers and learners, which in a rigorous and critical fashion assists in the protection and advancement of human dignity, human-divine values, and of cultural heritage; through research, teaching and other various services offered to the AMECEA local churches, peoples in the region, international academic communities and the universal Church;
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(b) |
to provide facilities and opportunities to scholars as a forum where, on scientific level, aspects of reality, and particularly the African reality are critically examined, the various sciences and disciplines are taught and persons educated in an adequate manner in order to promote continuous development of self-awareness of men and women, of their potentials, resources, cultural values and of their environment;
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(c) |
to be actively involved in confronting and solving the great problems of society and cultures, as a Church organ in her complex task of evangelization;
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(d) |
to provide a forum and facilities where academic autonomy of each discipline is respected and promoted;
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(e) |
to be an organ of the Catholic Church in its prophetic mission. That is, to discern in the events of life the needs and aspirations of the people, the signs of the times and to have courage to speak truths which are necessary to safeguard the authentic good of the society and to promote social justice;
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(f) |
to provide instruction through teaching and research in an African environment to all those admitted to the University and to make provision for the advancement, transmission and preservation of knowledge both in ecclesiastical studies and other areas of human knowledge and to stimulate academic life in Eastern Africa;
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(g) |
to prepare the clergy, religious, lay women and men of the Catholic Church as well as people of other religious denominations with a Christian attitude in order to serve the Church in its various institutions and human family at large, in their growth, understanding and solidarity;
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(h) |
to assume responsibility for university education within the Catholic Church of Eastern Africa and to work with other appropriate bodies, including ecclesiastical authorities, and to examine and make proposals to the Commission for Higher Education for new faculties, new departments, new degree courses or new subjects of study, in accordance with the Universities Act and Sapientia Christiana, prepare the clergy, religious, lay women and men of the Church;
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(i) |
to become a centre of encounter and research where the various branches of ecclesiastical studies and of other forms of human knowledge continuously make dialogue or interact for their mutual enrichment in the light of the Gospel message and African values;
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(j) |
to provide facilities for continuing education;
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(k) |
to collaborate with other institutions of higher learning, particularly with those located in the AMECEA region for the integral development, understanding, and for the promotion of cultures and ecological situation;
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(l) |
to be a forum for ecumenical dialogue and collaboration with other Christian denomination and non-christian theological and religious studies in Eastern Africa, the whole of Africa and the world at large;
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(m) |
to conduct examinations for, and to grant degrees, diplomas and other awards of the University;
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(n) |
to participate in the discovery, transmission and preservation of knowledge and to stimulate the intellectual, cultural and economic development of the AMECEA region;
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(o) |
to determine who may teach, what may be taught and to whom it may be taught in the University;
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(p) |
without prejudice to Sapientia Christiana, to admit students without distinction of race, colour, creed or sex.
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9. |
Degrees, diplomas, certificates and other awards
(1) |
Subject to this Charter and to Sapientia Christiana and Ex Corde Ecclesiae the University may in the name of the Supreme Pontiff or sede vacante the Holy See—
(a) |
confer the degrees of bachelor, master and doctor and such other degrees as may be provided for in the statutes; and
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(b) |
grant diplomas or certificates or other awards.
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(2) |
Subsection (1) shall apply to an honorary degree or academic distinction which the University may wish to confer or award to a person who has rendered distinguished service in the advancement of any branch of learning or cultural accomplishment or who has otherwise rendered himself worthy of such a degree or academic distinction.
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(3) |
Graduation ceremonies at which degrees are conferred shall be held at places and dates to be determined by the University Council and shall be conducted in accordance with procedure prescribed by a resolution of the Council.
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PART III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
10. |
Membership
(1) |
The members of the University shall be—
(a) |
the Roman Pontiff or the Holy See;
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(f) |
the Principal of each college within the University;
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(g) |
the Principal of each constituent college;
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(h) |
the Academic Dean of each Faculty;
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(i) |
the members of the Council;
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(j) |
the members of the Senate;
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(k) |
the members of the Council or other governing body of each constituent college or college within the University;
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(l) |
the professors and lecturers of the University;
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(m) |
the Registrar, the Bursar and the Librarian;
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(n) |
the Secretary to the Council or other governing body of each constituent college or colleges within the University;
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(p) |
such other members of staff of the University or any other body formally admitted into association with the University or with any of its constituent colleges or colleges within the University as the Council may from time to time determine.
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11. |
Governance
The governance and control of the University shall vest in the following persons and bodies—
(a) |
the Roman Pontiff or the Holy See;
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(f) |
the constituent colleges.
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12. |
The Roman Pontiff
(1) |
The University is under ecclesiastical authority of the Roman Pontiff, and therefore it is under the Congregation for Catholic Education, Vatican City.
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(2) |
The University is founded by the AMECEA which has full responsibility over it, its government and future development.
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13. |
AMECEA
The AMECEA shall appoint—
(b) |
the Rector from names proposed by the Council and submit the same to the Congregation for Catholic Education for confirmation;
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(c) |
the Vice-Rector from names proposed by the Council.
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14. |
The Council
(1) |
There shall be a Council of the University which shall be the governing body that assumes full responsibility over the University. It represents AMECEA. It is therefore, responsible for the doctrine, the morals and the discipline of the University as well as for its integral development.
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(2) |
The Council shall comprise of—
(a) |
the Chancellor of the University who shall be the ex-officio Chairman of the Council;
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(b) |
one member elected by each national Episcopal Conference;
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(c) |
the Diocean Bishop where the University is located who shall be an ex-officio member of the Council;
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(d) |
the Chairman of the AMECEA who shall be an ex-officio member of the Council;
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(e) |
the Secretary-General of the AMECEA, who shall be an ex-officio member;
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(f) |
the Rector of the University, who, by virtue of his office, shall be Secretary to the Council. He shall have the right to vote, except in matters directed to himself;
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(g) |
two members to be elected by the Senate;
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(h) |
not more than two members with specific contribution to offer to be co-opted at the discretion of the AMECEA. Such members may come from within or outside the AMECEA region.
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(3) |
(a) The members of the Council shall be appointed for a term of 3 years, and shall be eligible for re-appointment:
Provided that this does not apply to the ex-officio members who remain on the Council as long as they are in office.
(b) |
In order that continuity may be maintained, at the first official election of members, some will be elected for two years and others for four years. The AMECEA shall determine these specific terms of office.
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(c) |
If a Bishop resigns during his term of office, he may be replaced by another one chosen by the national Episcopal Conference concerned, for the completion of the term of office. Completing the term does not affect possible reappointment for two successive terms.
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(d) |
Members of the Council shall elect from among themselves a Vice-Chairman of the Council.
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(4) |
The office of a member of Council shall become vacant—
(a) |
if, not being an ex-officio member, he resigns his office by writing under his hand addressed to the secretary to the Council;
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(b) |
if the Council is satisfied that such a member is, by reasons of physical or mental infirmity, unable to exercise the functions of his office;
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(d) |
if the appointing body revokes the appointment.
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(5) |
Where the office of a member of the Council becomes vacant under section 14(4), the Secretary to the Council shall forthwith notify the vacancy to the appropriate appointing body or person.
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(6) |
The Council shall meet at least twice a year and at any other time at the request of the Chairman or of three members of the Council.
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(7) |
The procedure and the conduct and regulation of the affairs of the Council shall be vested in the Council.
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15. |
The functions and duties of the Council
(1) |
Subject to Sapeinta Christiana, Ex Corde Ecclessiae and the AMECEA, the Government control and administration of the University shall be vested in the Council.
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(2) |
The Council shall have power to—
(a) |
foster the declared objects of the University and to develop policies conductive to their attainment;
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(b) |
approve Statutes and recommend to the Sacred Congregation for Catholic Education any change in the norms in consultation with the AMECEA;
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(c) |
communicate with the government authorities on any legal matters concerning the University;
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(d) |
authorize the acquisition and alienation of properties, approve major structural alterations and important construction works with the approval of the AMECEA and subject to cannon law;
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(e) |
act as a court of appeal for all claims and internal disputes in the University which the Senate or a lower body has been unable to settle;
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(f) |
appoint its own committees;
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(g) |
receive and consider proposals for opening of new faculties, institutes, schools, departments, research centres in collaboration with the AMECEA and present them to the Congregation for Catholic Education and for submission to the Commission for Higher Education in accordance with the Universities Act and Rules made thereunder;
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(h) |
appoint principals of colleges within the University from names proposed by the Senate;
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(i) |
appoint the academic deans of faculties and the Dean of Students from names presented by the Senate;
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(j) |
examine and approve the annual and triennial reports as well as the financial reports and budget presented by the Rector;
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(k) |
establish and maintain relations, through the Chancellor, with the Congregation for the Evangelization of Peoples, and to submit regular reports thereon to the AMECEA;
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(l) |
appoint the Registrar, Librarian and the Bursar;
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(m) |
appoint full-time and part-time teaching staff, after consultation with the Senate;
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(n) |
appoint full-time, and part-time non-teaching staff for the proper and efficient management and administration of the University;
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(o) |
approve, at the recommendation of the Senate, the promotion of academic staff;
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(p) |
administer the property and funds of the University, other than property and funds of a constituent college, in such a manner and for such purposes as will, in the opinion of the Council, promote the best interests of the University;
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(q) |
receive, on behalf of the University, gifts, donations, grants or other moneys and to make disbursements therefrom;
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(r) |
create full and partial bursaries and determine the conditions and modalities for the granting of such bursaries;
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(s) |
provide for the welfare of the staff and students of the University;
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(t) |
enter into association with other universities, or other institutions of higher learning;
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(u) |
make, after consultation with the Senate, regulations governing the conduct and discipline of the students.
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(3) |
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 Chancellor or the Rector or any other member of the Council generally or specially authorized by the Council in that behalf.
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16. |
The Chancellor
(1) |
The Chancellor shall be appointed by the AMECEA and shall represent the Holy See to the University and equally the University to the Holy See and other civil authorities.
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(2) |
(a) |
promote continually the University's holistic progress and advancement, ensure that the Catholic doctrine is integrally followed, and enforce the faithful implementation of the statutes and prescriptions of the Holy See;
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(b) |
present to the Congregation for Catholic Education for confirmation the name of the one appointed by AMECEA as Rector, as well as the names of lecturers for whom a Nihil Obstat is required;
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(c) |
inform the Congregation for Catholic Education about important matters pertaining to the University and its constituent colleges and to send to that Congregation every three years a detailed report on the academic, moral and economic condition of the University;
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(d) |
help ensure collaboration among all the different ranks and members of the University and the community and of its constituent colleges;
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(e) |
receive the profession of faith of the Rector;
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(f) |
give or take away from lecturers the canonical mission or permission to teach pursuant to the provision of Sapientia Christiana;
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(g) |
confer in the name of the Supreme Pontiff and the AMECEA both ecclesiastical and non-ecclesiastical certificates, diplomas and degree to successful candidates recommended and presented by the Senate;
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(h) |
direct internal inspection and visitation to be carried out;
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(i) |
chair all meetings of the University Council; and
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(j) |
enjoy such powers and privileges and perform such other functions as may be provided in the statutes.
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17. |
The Senate
(1) |
There shall be a Senate of the University which shall consist of—
(a) |
the Rector, who shall be the chairman;
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(c) |
the Principal of each constituent college;
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(d) |
the Principal of each college within the University;
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(e) |
the Deans/Directors/Principals of all faculties, institutes and schools of the University;
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(f) |
the heads of departments;
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(g) |
the directors of research centres;
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(i) |
one representative elected from among the associate professors;
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(j) |
one representative elected from among the full-time lecturers;
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(o) |
two representatives of the Student Organization.
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(2) |
The members of the Senate shall elect a Vice-Chairman from among themselves unless the Vice-Rector has been appointed.
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(3) |
The Registrar shall be the secretary of the Senate.
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(4) |
The Senate shall determine its quorum and make its own internal regulations.
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(5) |
Subject to this Charter, the Senate shall have the following powers and duties—
(a) |
to propose to the Council for approval of the short and long-term academic plans and their modifications based on a continuous evaluation;
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(b) |
to develop, evaluate and propose modifications in the programme of instruction in the research and field services consistent with the objectives and policies of the University;
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(c) |
to develop criteria and policies for the admission of students, their retention and promotion, the awarding of degrees, diplomas and certificates;
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(d) |
to approve the academic calendar and academic programme of studies;
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(e) |
to discuss and approve the annual academic reports presented by the principals and deans;
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(f) |
to settle academic matters within the faculties and departments and to deal with academic disputes arising therefrom;
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(g) |
to discuss, evaluate and accept affiliations to first degree programme of the constituent colleges and supervise them;
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(h) |
to recommend to the Council changes in the statutes and regulations;
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(i) |
to propose to the Council the financial needs of the academic life of the University;
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(j) |
to recommend to the Council appointments and pro-motions of academic staff;
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(k) |
to promote and supervise the development of the library and the archives;
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(l) |
to receive and approve examination results;
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(m) |
to make regulations governing such matters as are within its powers in accordance with this Charter or the statutes.
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(6) |
The Senate shall meet at least two times a year.
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(7) |
The Senate may establish such committees as may be deemed necessary for the efficient discharge of its functions and duties.
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PART IV – ADMINISTRATION OF THE UNIVERSITY
18. |
The University Management Board
(1) |
There shall be a University Management Board whose membership powers and functions are as provided for in the statutes.
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(2) |
The University Management Board shall manage the day to day operations of the University.
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19. |
The Rector
(1) |
The Rector shall be appointed by the AMECEA from the names proposed by the Council and confirmed by the Congregation for Catholic Education.
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(2) |
The Rector shall be the academic and administrative head of the University.
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(3) |
The Rector shall hold office for a period of four years but shall be eligible for re-appointment.
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(4) |
(a) |
direct, promote and co-ordinate all the activities of the University;
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(b) |
act as the representative of the University and be its spokesman in its external relations;
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(c) |
assume administrative responsibilities for the day to day running of the University and its management;
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(d) |
convoke and preside over the Senate in accordance with the norms and the statutes;
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(e) |
watch over the administration of the temporalies;
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(f) |
refer more important matters to the Chancellor;
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(g) |
send, every year, a statistical summary to the Congregation for Catholic Education, according to the outlines provided by the said Congregation;
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(h) |
work collegially with the personnel of the University for the realization of its objectives;
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(i) |
appoint heads of departments after consultation with relevant Faculty Dean;
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(j) |
perform such other functions and have such other powers as the Council may, by Statute prescribe.
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20. |
The Vice-Rector
(1) |
The Vice-Rector shall be appointed by the AMECEA from names proposed by the Council.
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(2) |
The Vice-Rector shall have such functions and powers as the Council may, by Statute, prescribe.
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21. |
The Principals of colleges within the University
(1) |
The Council shall, from names proposed by the academic board for each college within the University, appoint a principal who shall be the academic and administrative head of the college and shall, under the general authority of the Rector, have such other powers and duties as may be provided by the statutes.
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(2) |
A person appointed as a principal shall hold office upon such terms and for such period as the Council may, by re-solution, prescribe.
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22. |
The Registrar
The Registrar shall be appointed by the Council and shall have such functions and powers as the Council may, by resolution, prescribe.
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23. |
Funds and resources
The Librarian shall be appointed by the Council. He shall be responsible for the care of books and periodicals and all the library property.
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24. |
The Bursar
The Bursar shall be appointed by the Council. He shall be the chief financial officer of the University.
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25. |
The Dean of Students
The Dean of Students shall be appointed by the Council. He shall be responsible for all students affairs other than those related to finance.
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26. |
The Academic Dean
The Academic Dean shall be appointed by the Senate from the names proposed by the academic board of each faculty. He shall promote and co-ordinate the activities of his faculty.
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27. |
The performance of duties during incapacity of office holder
(1) |
The functions of the Rector may be performed by the Vice-Rector in the event of the incapacity of the Rector.
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(2) |
In the event of the incapacity of the Rector and the Vice-Rector the functions of the Rector may be performed, during the incapacity, by a member of the academic staff of the University designated for that purpose by the Chancellor.
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(3) |
In the event of the incapacity of any member of the staff of the University other than the Rector, may appoint a suitable person to perform the functions of the member during the incapacity.
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(4) |
In this section, "incapacity" means absence from Eastern Africa or inability for any other reason to perform the functions of the office concerned.
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PART V – FINANCIAL PROVISIONS
28. |
Financial year
(1) |
The financial year of the University shall be the period of twelve months commencing on such day in each year as the Council may determine.
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(2) |
In the event of any change in the financial year, and for the purposes of the transition from the old financial year to a new financial year consequent upon the change, the transitional period, whether more or less than twelve months, shall be deemed, for the purposes of this Charter, to be a financial year.
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29. |
Investment of funds
(1) |
The Council may invest any of the funds of the University in securities in which for the time being trustees may by law invest trust funds or in any other securities which the AMECEA may from time to time approve for the purpose.
|
(2) |
The Council may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the University.
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(3) |
Before the commencement of a financial year the Council shall cause to be prepared estimates of the revenue and expenditure of the University for that year.
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30. |
Annual estimates
(1) |
The annual estimates shall make provision for all the estimated expenditure of the University 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;
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(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;
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(c) |
for the proper maintenance of the buildings and grounds of the University;
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(d) |
for the proper maintenance, repair and replacement of the equipment and other movable property of the University;
|
(e) |
for the funding of the cost of teaching and research activities of and in the University;
|
(f) |
for the creation of such reserve funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Council may think fit.
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(2) |
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 AMECEA for approval.
|
(3) |
No expenditure shall be incurred for the purpose of the University except in accordance with the annual estimates approved under section 30 (2) or in pursuance of an authorization of the Council given with the prior approval of the AMECEA.
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31. |
Audit
(1) |
The Council shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the University.
|
(2) |
Within a period of three months from the end of each financial year, the Council shall submit to an auditor, to be appointed by the Council with the approval of AMECEA, the accounts of the University together with—
(a) |
a statement of income and expenditure during that year; and
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(b) |
a statement of the assets and liabilities of the University on the last day of that year.
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|
(3) |
The accounts of the University shall be audited by an auditor appointed by the Council with the approval of the AMECEA.
|
(4) |
The employment of an auditor shall not be terminated by the Council without the consent of the AMECEA.
|
(5) |
The AMECEA may give general or special directions to an auditor appointed under section 31(3), and the auditor shall comply with those directions.
|
(6) |
An auditor appointed under section 31(3) shall report directly to the AMECEA on any matter relating to the directions given under article 16.5.
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(7) |
Within a period of six months after the end of the financial year the auditor shall report on the examination and audit of the accounts of the University to the Council and where the auditor has been appointed under section 31(3), he shall also transmit a copy of the report and accounts to the AMECEA.
|
(8) |
The fee for an auditor shall be fixed and paid by the Council.
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|
PART VI – MISCELLANEOUS PROVISIONS
32. |
Statutes
(1) |
In the performance of its functions under this Charter, the Council shall, subject to the Universities Act and to Sapientia Christiana, make statutes for the government, control and administration of the University and for the better carrying into effect of the purposes of this Charter, and in particular for—
(a) |
the establishment of faculties, institutes and schools of the University;
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(b) |
the description of degrees;
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(c) |
the requirements for the award of degrees;
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(d) |
the conduct of examinations;
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(e) |
prescribing fees and other charges;
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(f) |
the settlement of the terms and conditions of service including the appointment, dismissal, remuneration and retiring benefits of the members of staff of the University;
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(g) |
the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council;
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(h) |
prescribing the rules and regulations for the students' organizations;
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(i) |
providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the statutes.
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(2) |
Statutes shall only be made by a resolution passed at one meeting of the Council supported by a majority of not less than three-fourths of the members present and voting being not less than half of the total membership of the Council.
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33. |
Protection of name
(1) |
Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names shall accept for such registration any name which includes together with the word "University", the words "Catholic" and or "Eastern Africa", unless the application for such registration is accompanied by the written consent of the Council.
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(2) |
Any person who, except with the written consent of the Council, uses the word "University" together with words "Catholic" and "Eastern Africa”, 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 thousand shillings or to imprisonment for a period not exceeding one month or to both such fine and imprisonment:
Provided that nothing in this subsection shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of any degrees, diploma, or certificate by the University.
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1. |
Hekima College—The Jesuit School of Theology.
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2. |
Tangaza Theological College.
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|
THE CHARTER FOR THE CATHOLIC UNIVERSITY OF EASTERN AFRICA
WHEREAS the Catholic Association of the Members of the Episcopal Conferences of Eastern Africa, the current proprietors of the Catholic Higher Institute of Eastern Africa situated in the Republic of Kenya, wishes to establish an institution in the name of Catholic University of Eastern Africa;
AND WHEREAS the said Catholic University of Eastern Africa has applied to the Commission for Higher Education for the grant of a charter in the manner prescribed under the Universities Act;
AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of the Catholic University of Eastern Africa, are consistent with the advancement of university education in Kenya;
AND WHEREAS the Commission for Higher Education is also satisfied that the Catholic University of Eastern Africa has complied with the provisions of the Act and the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules (L.N. 56/1989);
AND WHEREAS the Commission for Higher Education has submitted a draft Charter, the text whereof is annexed hereto, to the Cabinet Secretary for Education on the said institution and the Cabinet Secretary is satisfied that the Catholic University of Eastern Africa, be granted the charter;
AND WHEREAS the Cabinet Secretary has submitted the Charter to me with recommendations thereon;
AND WHEREAS I am satisfied that the granting of the Charter will be of benefit to the advancement of university education in Kenya;
New wherefore, by these presents, be it known that in exercise of the powers conferred upon me by section 12 of the Universities Act (Cap. 210B), I, Daniel Toroitich arap Moi, President, and Commander-in-Chief of the Armed Forces, of the Republic of Kenya, hereby grant the Charter annexed hereto to the Catholic University of Eastern Africa.
A Charter to provide for the establishment, control, governance and administration of the Catholic University of Eastern Africa, and for connected purposes.
PART I – PRELIMINARY
1. |
Short title
This Charter may be cited as the Catholic University of Eastern Africa Charter.
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2. |
Interpretation
(1) |
In this Charter, unless the context otherwise requires—
"Act" means the Universities Act (Cap. 210);
"Affiliated Institutions" means those institutions which have an academic linkage with the Catholic University of Eastern Africa for the purpose of being able to grant bachelors degrees in accordance with Sapientia Christiana Article 62.
"AMECEA” means the Association of the Members of the Episcopal Conferences of Eastern Africa Trustees (Registered);
"Chancellor" means the Chancellor of the University referred to in Section 16;
"Charter" means this Charter;
"Chairperson" means the head of a Department;
"Charter" means this Charter;
"Congregation for Catholic Education" means the commission of the Roman Catholic Church established by His Holiness the Supreme Pontiff which has competence over ecclesiastical institutions established by the authority of the Vatican, Catholic colleges and universities;
"Constituent College" means an academic institution which though autonomous administratively, is conceptually an integral part of the main University for academic purposes;
"Council" means the Council of the University established under Section 14;
"Eastern Africa" means Ethiopia, Kenya, Malawi, Sudan, Tanzania, Uganda and Zambia;
"Episcopal Conference” means a collegial entity, or association of Bishops of a given territorial region;
"Ex Corde Ecclesiae" means the Apostolic Constitution on Catholic Universities promulgated by His Holiness Pope John Paul II, the Supreme Pontiff on the 15th August, 1990 and any instrument(s) amending or replacing the same from time to time;
"Faculty" means a faculty of the University established by the statutes;
“Financial year" means the financial year of the University determined under Section 28;
"Institute" means an institute of the University established by the statutes;
"Principal" means the principal of a college appointed under Section 21;
"Public University" means a university established by an Act of Parliament of the Republic of Kenya;
"Rector" means an officer appointed under Section 19;
"Registrar" means an officer appointed under Section 22;
"Sapientia Christiana" means the Apostolic Constitution on Ecclesiastical Universities and Faculties promulgated by his Holiness Pope John Paul II, the Supreme Pontiff, on the 29th April, 1979 and any instrument(s) amending or replacing the same from time to time;
"School" means a school of the University established by statutes;
"Secretary to the Council" means a person appointed as Secretary to the Council;
"Senate" means the Senate of the University established under Section 17;
"Statutes" means the rules enacted by the University Council for the governance of the University;
"Student" means a person registered by the University for the purposes of obtaining a qualification of the University or any other person who is determined by the Senate to be a student;
"Students' Organization" means an association of students recognized by the Council as being an organization representative of the students of the University;
"University" means the Catholic University of Eastern Africa.
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(2) |
References in this Charter to offices or authorities of a constituent college shall be construed by reference to the legislation or other instruments by which that college is established or governed.
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|
PART II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
3. |
Establishment and incorporation
(1) |
There shall be established a university at Langata, Nairobi, to be known as the Catholic University of Eastern Africa which shall be constituted in accordance with this Charter.
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(2) |
The University shall be a body corporate by the name of the Catholic University of Eastern Africa, with perpetual succession and common seal, and shall in that name be capable of—
(a) |
taking, purchasing or otherwise acquiring, holding, charging and disposing of property, movable or immovable;
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(b) |
borrowing or lending money;
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(d) |
doing or performing all such other transactions or acts for the furtherance of the provisions of the Charter which may be lawfully done or performed by a body corporate;
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(e) |
entering into contracts with the Government of Kenya, with other institutions and with individuals;
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(f) |
receiving bequests and gifts which shall be used only for the purposes stated by the person or persons making such bequests or gifts.
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|
(3) |
The University is the successor to the Catholic Higher Institute of Eastern Africa, and subject to this Charter, all rights, duties, obligations, assets and liabilities of the Catholic Higher Institute of Eastern Africa existing at the commencement of this Charter shall be automatically and fully transferred to the University and any reference to the Catholic Higher Institute of Eastern Africa in any contract or document shall for all purposes be deemed to be a reference to the University established under subsection (1).
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|
4. |
Common seal and signification of documents
(1) |
The common seal of the University shall be kept in such custody as the Council directs and shall not be used except upon the order of the Council.
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(2) |
The common seal of the University shall be authenticated by the signature of the Rector and of the Vice-Rector, and, in the absence of the either, the vice-Chairperson of the Council.
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(3) |
The common seal of the University when affixed to any document and duly authenticated as provided for under this section shall be judicially and officially noticed, and, unless and until the contrary is proved, any necessary order or authorization of the Council under this section shall be presumed to have been duly given.
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|
5. |
Constituent colleges
(1) |
The constituent colleges in the Appendix are declared to be constituent colleges of the University and the constituent colleges are autonomous in administrative matters but are subject to the University in academic matters.
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(2) |
The Chancellor may, on a resolution of the Council, without prejudice to Sapientia Christiana by notice published in the Kenya Gazette—
(a) |
establish any college in Eastern Africa as a constituent college of the University;
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(b) |
declare an institution of higher learning or education or any training establishment in Eastern Africa to be a constituent college of the University.
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6. |
Affiliation of institutions
The University may enter into various types of academic linkages or affiliations within the AMECEA region as provided far in the Statutes and approved by the Council, subject to the norms of Sapientia Christiana.
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7. |
Philosophy and objects
(1) |
The University is dedicated to the Holy Trinity.
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(2) |
The motto of the University is "Consecrate them in the Truth".
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(3) |
In its search for the Truth, the University is essentially guided by Christian inspiration and values; reflects on human knowledge in the light of the Word of God and Catholic Tradition; fidelity to the Christian message found in the Word of God, Catholic Tradition and the Teaching of the Catholic Church; commitment to the service of the human family by playing a radical transcendental role in the liberative, inculturative, and transformative process for the fulfilment of the human family; commitment to Christ and his message, assistance to the members of the University and society to achieve wholeness as human persons in truth, dialogue and participation in decisions which affect the University community, individual members and society at large.
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(4) |
Besides imparting useful knowledge, the University is distinguished by its holistic approach about nature, humanity, and God and by means of a universal humanism the University is completely dedicated to the research of all aspects of truth in their essential connection with the supreme Truth, who is God.
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(5) |
In its scientific and technological research the University opts for the very meaning of the human person and is centrality in the universe.
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8. |
Functions
The functions of the University shall be—
(a) |
to be a centre of creativity and dissemination of knowledge and a community made up of both teachers and learners, which in a rigorous and critical fashion assists in the protection and advancement of human dignity, human-divine values, and of cultural heritage; through research, teaching and other various services offered to the AMECEA local churches, peoples in the region, international academic communities and the universal Church;
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(b) |
to provide facilities and opportunities to scholars as a forum where, on scientific level, aspects of reality, and particularly the African reality are critically examined, the various sciences and disciplines are taught and persons educated in an adequate manner in order to promote continuous development of self-awareness of men and women, of their potentials, resources, cultural values and of their environment;
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(c) |
to be actively involved in confronting and solving the great problems of society and cultures, as a Church organ in her complex task of evangelization;
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(d) |
to provide a forum and facilities where academic autonomy of each discipline is respected and promoted;
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(e) |
to be an organ of the Catholic Church in its prophetic mission. That is, to discern in the events of life the needs and aspirations of the people, the signs of the times and to have courage to speak truths which are necessary to safeguard the authentic good of the society and to promote social justice;
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(f) |
to provide instruction through teaching and research in an African environment to all those admitted to the University and to make provision for the advancement, transmission and preservation of knowledge both in ecclesiastical studies and other areas of human knowledge and to stimulate academic life in Eastern Africa;
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(g) |
to prepare the clergy, religious, lay women and men of the Catholic Church as well as people of other religious denominations with a Christian attitude in order to serve the Church in its various institutions and human family at large, in their growth, understanding and solidarity;
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(h) |
to assume responsibility for university education within the Catholic Church of Eastern Africa and to work with other appropriate bodies, including ecclesiastical authorities, and to examine and make proposals to the Commission for Higher Education for new faculties, new departments, new degree courses or new subjects of study, in accordance with the Universities Act and Sapientia Christiana, prepare the clergy, religious, lay women and men of the Church;
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(i) |
to become a centre of encounter and research where the various branches of ecclesiastical studies and of other forms of human knowledge continuously make dialogue or interact for their mutual enrichment in the light of the Gospel message and African values;
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(j) |
to provide facilities for continuing education;
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(k) |
to collaborate with other institutions of higher learning, particularly with those located in the AMECEA region for the integral development, understanding, and for the promotion of cultures and ecological situation;
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(l) |
to be a forum for ecumenical dialogue and collaboration with other Christian denomination and non-christian theological and religious studies in Eastern Africa, the whole of Africa and the world at large;
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(m) |
to conduct examinations for, and to grant degrees, diplomas and other awards of the University;
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(n) |
to participate in the discovery, transmission and preservation of knowledge and to stimulate the intellectual, cultural and economic development of the AMECEA region;
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(o) |
to determine who may teach, what may be taught and to whom it may be taught in the University;
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(p) |
without prejudice to Sapientia Christiana, to admit students without distinction of race, colour, creed or sex.
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|
9. |
Degrees, diplomas, certificates and other awards
(1) |
Subject to this Charter and to Sapientia Christiana and Ex Corde Ecclesiae the University may in the name of the Supreme Pontiff or sede vacante the Holy See—
(a) |
confer the degrees of bachelor, master and doctor and such other degrees as may be provided for in the statutes; and
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(b) |
grant diplomas or certificates or other awards.
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(2) |
Subsection (1) shall apply to an honorary degree or academic distinction which the University may wish to confer or award to a person who has rendered distinguished service in the advancement of any branch of learning or cultural accomplishment or who has otherwise rendered himself worthy of such a degree or academic distinction.
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(3) |
Graduation ceremonies at which degrees are conferred shall be held at places and dates to be determined by the University Council and shall be conducted in accordance with procedure prescribed by a resolution of the Council.
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PART III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
10. |
Membership
The members of the University shall be—
(a) |
the Roman Pontiff or the Holy See;
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(f) |
the Principal of each college within the University;
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(g) |
the Principal of each constituent college;
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(h) |
the Academic Dean of each Faculty;
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(i) |
the members of the Council;
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(j) |
the members of the Senate;
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(k) |
the members of the Council or other governing body of each constituent college or college within the University;
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(l) |
the professors and lecturers of the University;
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(m) |
the Registrar, the Bursar and the Librarian;
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(n) |
the Secretary to the Council or other governing body of each constituent college or colleges within the University;
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(p) |
such other members of staff of the University or any other body formally admitted into association with the University or with any of its constituent colleges or colleges within the University as the Council may from time to time determine.
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11. |
Governance
The governance and control of the University shall vest in the following persons and bodies—
(a) |
the Roman Pontiff or the Holy See;
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(f) |
the constituent colleges.
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|
12. |
The Roman Pontiff
(1) |
The University is under ecclesiastical authority of the Roman Pontiff, and therefore it is under the Congregation for Catholic Education, Vatican City.
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(2) |
The University is founded by the AMECEA which has full responsibility over it, its government and future development.
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13. |
AMECEA
The AMECEA shall appoint—
(b) |
the Rector from names proposed by the Council and submit the same to the Congregation for Catholic Education for confirmation;
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(c) |
the Vice-Rector from names proposed by the Council.
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|
14. |
The Council
(1) |
There shall be a Council of the University which shall be the governing body that assumes full responsibility over the University. It represents AMECEA. It is therefore, responsible for the doctrine, the morals and the discipline of the University as well as for its integral development.
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(2) |
The Council shall comprise of—
(a) |
the Chancellor of the University who shall be the ex officio Chairperson of the Council;
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(b) |
one member elected by each national Episcopal Conference;
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(c) |
the Diocean Bishop where the University is located who shall be an ex officio member of the Council;
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(d) |
the Chairperson of the AMECEA who shall be an ex officio member of the Council;
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(e) |
the Secretary-General of the AMECEA, who shall be an ex officio member;
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(f) |
the Rector of the University, who, by virtue of his office, shall be Secretary to the Council. He shall have the right to vote, except in matters directed to himself;
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(g) |
two members to be elected by the Senate;
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(h) |
not more than two members with specific contribution to offer to be co-opted at the discretion of the AMECEA. Such members may come from within or outside the AMECEA region.
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|
(3) |
(a) The members of the Council shall be appointed for a term of 3 years, and shall be eligible for re-appointment:
Provided that this does not apply to the ex officio members who remain on the Council as long as they are in office.
(b) |
In order that continuity may be maintained, at the first official election of members, some will be elected for two years and others for four years. The AMECEA shall determine these specific terms of office.
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(c) |
If a Bishop resigns during his term of office, he may be replaced by another one chosen by the national Episcopal Conference concerned, for the completion of the term of office. Completing the term does not affect possible reappointment for two successive terms.
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(d) |
Members of the Council shall elect from among themselves a vice-Chairperson of the Council.
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|
(4) |
The office of a member of Council shall become vacant—
(a) |
if, not being an ex officio member, he resigns his office by writing under his hand addressed to the secretary to the Council;
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(b) |
if the Council is satisfied that such a member is, by reasons of physical or mental infirmity, unable to exercise the functions of his office;
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(d) |
if the appointing body revokes the appointment.
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|
(5) |
Where the office of a member of the Council becomes vacant under section 14(4), the Secretary to the Council shall forthwith notify the vacancy to the appropriate appointing body or person.
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(6) |
The Council shall meet at least twice a year and at any other time at the request of the Chairperson or of three members of the Council.
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(7) |
The procedure and the conduct and regulation of the affairs of the Council shall be vested in the Council.
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|
15. |
The functions and duties of the Council
(1) |
Subject to Sapeinta Christiana, Ex Corde Ecclessiae and the AMECEA, the Government control and administration of the University shall be vested in the Council.
|
(2) |
The Council shall have power to—
(a) |
foster the declared objects of the University and to develop policies conductive to their attainment;
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(b) |
approve Statutes and recommend to the Sacred Congregation for Catholic Education any change in the norms in consultation with the AMECEA;
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(c) |
communicate with the government authorities on any legal matters concerning the University;
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(d) |
authorize the acquisition and alienation of properties, approve major structural alterations and important construction works with the approval of the AMECEA and subject to cannon law;
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(e) |
act as a court of appeal for all claims and internal disputes in the University which the Senate or a lower body has been unable to settle;
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(f) |
appoint its own committees;
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(g) |
receive and consider proposals for opening of new faculties, institutes, schools, departments, research centres in collaboration with the AMECEA and present them to the Congregation for Catholic Education and for submission to the Commission for Higher Education in accordance with the Universities Act and Rules made thereunder;
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(h) |
appoint principals of colleges within the University from names proposed by the Senate;
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(i) |
appoint the academic deans of faculties and the Dean of Students from names presented by the Senate;
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(j) |
examine and approve the annual and triennial reports as well as the financial reports and budget presented by the Rector;
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(k) |
establish and maintain relations, through the Chancellor, with the Congregation for the Evangelization of Peoples, and to submit regular reports thereon to the AMECEA;
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(l) |
appoint the Registrar, Librarian and the Bursar;
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(m) |
appoint full-time and part-time teaching staff, after consultation with the Senate;
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(n) |
appoint full-time, and part-time non-teaching staff for the proper and efficient management and administration of the University;
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(o) |
approve, at the recommendation of the Senate, the promotion of academic staff;
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(p) |
administer the property and funds of the University, other than property and funds of a constituent college, in such a manner and for such purposes as will, in the opinion of the Council, promote the best interests of the University;
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(q) |
receive, on behalf of the University, gifts, donations, grants or other moneys and to make disbursements therefrom;
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(r) |
create full and partial bursaries and determine the conditions and modalities for the granting of such bursaries;
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(s) |
provide for the welfare of the staff and students of the University;
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(t) |
enter into association with other universities, or other institutions of higher learning;
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(u) |
make, after consultation with the Senate, regulations governing the conduct and discipline of the students.
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(3) |
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 Chancellor or the Rector or any other member of the Council generally or specially authorized by the Council in that behalf.
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16. |
The Chancellor
(1) |
The Chancellor shall be appointed by the AMECEA and shall represent the Holy See to the University and equally the University to the Holy See and other civil authorities.
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(2) |
(a) |
promote continually the University's holistic progress and advancement, ensure that the Catholic doctrine is integrally followed, and enforce the faithful implementation of the statutes and prescriptions of the Holy See;
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(b) |
present to the Congregation for Catholic Education for confirmation the name of the one appointed by AMECEA as Rector, as well as the names of lecturers for whom a Nihil Obstat is required;
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(c) |
inform the Congregation for Catholic Education about important matters pertaining to the University and its constituent colleges and to send to that Congregation every three years a detailed report on the academic, moral and economic condition of the University;
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(d) |
help ensure collaboration among all the different ranks and members of the University and the community and of its constituent colleges;
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(e) |
receive the profession of faith of the Rector;
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(f) |
give or take away from lecturers the canonical mission or permission to teach pursuant to the provision of Sapientia Christiana;
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(g) |
confer in the name of the Supreme Pontiff and the AMECEA both ecclesiastical and non-ecclesiastical certificates, diplomas and degree to successful candidates recommended and presented by the Senate;
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(h) |
direct internal inspection and visitation to be carried out;
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(i) |
chair all meetings of the University Council; and
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(j) |
enjoy such powers and privileges and perform such other functions as may be provided in the statutes.
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|
17. |
The Senate
(1) |
There shall be a Senate of the University which shall consist of—
(a) |
the Rector, who shall be the Chairperson;
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(c) |
the Principal of each constituent college;
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(d) |
the Principal of each college within the University;
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(e) |
the Deans/Directors/Principals of all faculties, institutes and schools of the University;
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(f) |
the heads of departments;
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(g) |
the directors of research centres;
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(i) |
one representative elected from among the associate professors;
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(j) |
one representative elected from among the full-time lecturers;
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(o) |
two representatives of the Student Organization.
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(2) |
The members of the Senate shall elect a vice-Chairperson from among themselves unless the Vice-Rector has been appointed.
|
(3) |
The Registrar shall be the secretary of the Senate.
|
(4) |
The Senate shall determine its quorum and make its own internal regulations.
|
(5) |
Subject to this Charter, the Senate shall have the following powers and duties—
(a) |
to propose to the Council for approval of the short and long-term academic plans and their modifications based on a continuous evaluation;
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(b) |
to develop, evaluate and propose modifications in the programme of instruction in the research and field services consistent with the objectives and policies of the University;
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(c) |
to develop criteria and policies for the admission of students, their retention and promotion, the awarding of degrees, diplomas and certificates;
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(d) |
to approve the academic calendar and academic programme of studies;
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(e) |
to discuss and approve the annual academic reports presented by the principals and deans;
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(f) |
to settle academic matters within the faculties and departments and to deal with academic disputes arising therefrom;
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(g) |
to discuss, evaluate and accept affiliations to first degree programme of the constituent colleges and supervise them;
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(h) |
to recommend to the Council changes in the statutes and regulations;
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(i) |
to propose to the Council the financial needs of the academic life of the University;
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(j) |
to recommend to the Council appointments and promotions of academic staff;
|
(k) |
to promote and supervise the development of the library and the archives;
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(l) |
to receive and approve examination results;
|
(m) |
to make regulations governing such matters as are within its powers in accordance with this Charter or the statutes.
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|
(6) |
The Senate shall meet at least two times a year.
|
(7) |
The Senate may establish such committees as may be deemed necessary for the efficient discharge of its functions and duties.
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|
PART IV – ADMINISTRATION OF THE UNIVERSITY
18. |
The University Management Board
(1) |
There shall be a University Management Board whose membership powers and functions are as provided for in the statutes.
|
(2) |
The University Management Board shall manage the day to day operations of the University.
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19. |
The Rector
(1) |
The Rector shall be appointed by the AMECEA from the names proposed by the Council and confirmed by the Congregation for Catholic Education.
|
(2) |
The Rector shall be the academic and administrative head of the University.
|
(3) |
The Rector shall hold office for a period of four years but shall be eligible for re-appointment.
|
(4) |
(a) |
direct, promote and co-ordinate all the activities of the University;
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(b) |
act as the representative of the University and be its spokesman in its external relations;
|
(c) |
assume administrative responsibilities for the day to day running of the University and its management;
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(d) |
convoke and preside over the Senate in accordance with the norms and the statutes;
|
(e) |
watch over the administration of the temporalies;
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(f) |
refer more important matters to the Chancellor;
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(g) |
send, every year, a statistical summary to the Congregation for Catholic Education, according to the outlines provided by the said Congregation;
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(h) |
work collegially with the personnel of the University for the realization of its objectives;
|
(i) |
appoint heads of departments after consultation with relevant Faculty Dean;
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(j) |
perform such other functions and have such other powers as the Council may, by Statute prescribe.
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|
20. |
The Vice-Rector
(1) |
The Vice-Rector shall be appointed by the AMECEA from names proposed by the Council.
|
(2) |
The Vice-Rector shall have such functions and powers as the Council may, by Statute, prescribe.
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21. |
The Principals of colleges within the University
(1) |
The Council shall, from names proposed by the academic board for each college within the University, appoint a principal who shall be the academic and administrative head of the college and shall, under the general authority of the Rector, have such other powers and duties as may be provided by the statutes.
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(2) |
A person appointed as a principal shall hold office upon such terms and for such period as the Council may, by re-solution, prescribe.
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22. |
The Registrar
The Registrar shall be appointed by the Council and shall have such functions and powers as the Council may, by resolution, prescribe.
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23. |
Funds and resources
The Librarian shall be appointed by the Council. He shall be responsible for the care of books and periodicals and all the library property.
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24. |
The Bursar
The Bursar shall be appointed by the Council. He shall be the chief financial officer of the University.
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25. |
The Dean of Students
The Dean of Students shall be appointed by the Council. He shall be responsible for all students affairs other than those related to finance.
|
26. |
The Academic Dean
The Academic Dean shall be appointed by the Senate from the names proposed by the academic board of each faculty. He shall promote and co-ordinate the activities of his faculty.
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27. |
The performance of duties during incapacity of office holder
(1) |
The functions of the Rector may be performed by the Vice-Rector in the event of the incapacity of the Rector.
|
(2) |
In the event of the incapacity of the Rector and the Vice-Rector the functions of the Rector may be performed, during the incapacity, by a member of the academic staff of the University designated for that purpose by the Chancellor.
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(3) |
In the event of the incapacity of any member of the staff of the University other than the Rector, may appoint a suitable person to perform the functions of the member during the incapacity.
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(4) |
In this section, "incapacity" means absence from Eastern Africa or inability for any other reason to perform the functions of the office concerned.
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|
PART V – FINANCIAL PROVISIONS
28. |
Financial year
(1) |
The financial year of the University shall be the period of twelve months commencing on such day in each year as the Council may determine.
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(2) |
In the event of any change in the financial year, and for the purposes of the transition from the old financial year to a new financial year consequent upon the change, the transitional period, whether more or less than twelve months, shall be deemed, for the purposes of this Charter, to be a financial year.
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|
29. |
Investment of funds
(1) |
The Council may invest any of the funds of the University in securities in which for the time being trustees may by law invest trust funds or in any other securities which the AMECEA may from time to time approve for the purpose.
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(2) |
The Council may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the University.
|
(3) |
Before the commencement of a financial year the Council shall cause to be prepared estimates of the revenue and expenditure of the University for that year.
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|
30. |
Annual estimates
(1) |
The annual estimates shall make provision for all the estimated expenditure of the University 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;
|
(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;
|
(c) |
for the proper maintenance of the buildings and grounds of the University;
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(d) |
for the proper maintenance, repair and replacement of the equipment and other movable property of the University;
|
(e) |
for the funding of the cost of teaching and research activities of and in the University;
|
(f) |
for the creation of such reserve funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Council may think fit.
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|
(2) |
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 AMECEA for approval.
|
(3) |
No expenditure shall be incurred for the purpose of the University except in accordance with the annual estimates approved under section 30 (2) or in pursuance of an authorization of the Council given with the prior approval of the AMECEA.
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|
31. |
Audit
(1) |
The Council shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the University.
|
(2) |
Within a period of three months from the end of each financial year, the Council shall submit to an auditor, to be appointed by the Council with the approval of AMECEA, the accounts of the University together with—
(a) |
a statement of income and expenditure during that year; and
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(b) |
a statement of the assets and liabilities of the University on the last day of that year.
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|
(3) |
The accounts of the University shall be audited by an auditor appointed by the Council with the approval of the AMECEA.
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(4) |
The employment of an auditor shall not be terminated by the Council without the consent of the AMECEA.
|
(5) |
The AMECEA may give general or special directions to an auditor appointed under section 31(3), and the auditor shall comply with those directions.
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(6) |
An auditor appointed under section 31(3) shall report directly to the AMECEA on any matter relating to the directions given under article 16.5.
|
(7) |
Within a period of six months after the end of the financial year the auditor shall report on the examination and audit of the accounts of the University to the Council and where the auditor has been appointed under section 31(3), he shall also transmit a copy of the report and accounts to the AMECEA.
|
(8) |
The fee for an auditor shall be fixed and paid by the Council.
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|
PART VI – MISCELLANEOUS PROVISIONS
32. |
Statutes
(1) |
In the performance of its functions under this Charter, the Council shall, subject to the Universities Act and to Sapientia Christiana, make statutes for the government, control and administration of the University and for the better carrying into effect of the purposes of this Charter, and in particular for—
(a) |
the establishment of faculties, institutes and schools of the University;
|
(b) |
the description of degrees;
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(c) |
the requirements for the award of degrees;
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(d) |
the conduct of examinations;
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(e) |
prescribing fees and other charges;
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(f) |
the settlement of the terms and conditions of service including the appointment, dismissal, remuneration and retiring benefits of the members of staff of the University;
|
(g) |
the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council;
|
(h) |
prescribing the rules and regulations for the students' organizations;
|
(i) |
providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the statutes.
|
|
(2) |
Statutes shall only be made by a resolution passed at one meeting of the Council supported by a majority of not less than three-fourths of the members present and voting being not less than half of the total membership of the Council.
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|
33. |
Protection of name
(1) |
Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names shall accept for such registration any name which includes together with the word "University", the words "Catholic" and or "Eastern Africa", unless the application for such registration is accompanied by the written consent of the Council.
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(2) |
Any person who, except with the written consent of the Council, uses the word "University" together with words "Catholic" and "Eastern Africa”, 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 thousand shillings or to imprisonment for a period not exceeding one month or to both such fine and imprisonment:
Provided that nothing in this subsection shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of any degrees, diploma, or certificate by the University.
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|
APPENDIX
1. |
Hekima College—The Jesuit School of Theology.
|
2. |
Tangaza Theological College.
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THE CHARTER FOR DAYSTAR UNIVERSITY
ARRANGEMENT OF PARAGRAPHS
PART I – PRELIMINARY
PART II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
3. |
Establishment and Incorporation of Daystar University
|
4. |
The Mission of the University
|
5. |
The Philosophy of the University
|
6. |
The Objects of the University
|
7. |
The Functions of the University
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8. |
Colleges and Affiliated Institutions
|
9. |
Conferment of Degrees, Diplomas, Certificates and Other Awards
|
10. |
The Use of the Common Seal of the University
|
PART III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
12. |
Governance of the University
|
16. |
Functions of the Council
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PART IV – MANAGEMENT OF THE UNIVERSITY
20. |
The Deputy Vice-Chancellors
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24. |
The Staff of the University
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25. |
Performance of Duties During the Incapacity of an Office Holder
|
26. |
The Alumni Association
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PART V – FINANCIAL PROVISIONS
27. |
University Fiscal Year
|
28. |
Sources of University Funds
|
29. |
Investment of University Funds
|
30. |
University Annual Budget
|
PART VI – MISCELLANEOUS PROVISIONS
THE CHARTER FOR DAYSTAR UNIVERSITY, 1994
WHEREAS (Daystar Company Limited), the proprietors of Daystar University College situated in the Republic of Kenya, wishes to establish an institution in the name of Daystar University;
AND WHEREAS the said Daystar University College has applied to the Commission for Higher Education for the grant of a charter in the manner prescribed under the Universities Act;
AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of Daystar University, are consistent with the advancement of university education in Kenya;
AND WHEREAS the Commission for Higher Education is also satisfied that Daystar University College has complied with the provisions of the Act;
AND WHEREAS the Commission for Higher Education has submitted a draft charter, the text whereof is annexed hereto, to the Minister for Education on the said institution and the Minister is satisfied that Daystar University, be granted the charter;
AND WHEREAS the Minister has submitted the charter to me with recommendations thereon;
AND WHEREAS I am satisfied that the granting of the Charter will be of benefit to the advancement of university education in Kenya;
Now wherefore, by these presents, be it known that in exercise of the powers conferred upon me by section 12 of the Universities Act, I, Daniel Toroitich arap Moi, President, and Commander-in-Chief of the Armed Forces, of the Republic of Kenya, hereby grant the Charter annexed hereto to Daystar University.
PART I – PRELIMINARY
1. |
Short title
This Charter may be cited as the Daystar University Charter, 1994.
|
2. |
Interpretation
In this Charter, unless the context otherwise requires—
"Affiliated Institutions” means institutions which have academic linkage with Daystar University under section 8 for the purposes of being able to grant university degrees, diplomas and certificates;
"Alumni Association” means the Alumni Association of Daystar University established under section 26;
"Chancellor" means the Chancellor of Daystar University appointed under section 14;
“Charter" means Daystar University Charter;
"Company" means the registered non-profit making Daystar Company Limited by guarantee and the body that sponsors Daystar University;
"Constituent College" means the Constituent College established under section 8;
"Council" means the Governing Council of Daystar University established under section 15(1);
"Deputy Vice-Chancellor for Academic Affairs" means Deputy Vice-Chancellor for Academic Affairs appointed under section 20(2);
“Deputy Vice-Chancellor for Finance, Planning and Administration" means Deputy Vice-Chancellor appointed under section 20(3);
"Director" means a person appointed as Director under section 22;
"Executive Committee" means the Executive Committee of the Council appointed under section 16(5);
"Fiscal Year” means the fiscal year of Daystar University determined under section 27(1);
"Graduate" means a person upon whom a degree has been conferred by Daystar University;
"Management Board” means the Management Board established under section 18;
"Principal" means the Principal appointed under section 21;
"Senate" means the Senate of Daystar University established under section 17;
"Statutes" means the statutes of Daystar University made by the Council under section 32;
"Student" means a person registered by Daystar University for the purpose of obtaining a qualification of Daystar University, or any other person who is determined by the Senate to a student;
"Students Association” means the association of students recognized by the Council as being an organization representative of the students of Daystar University;
"University" means Daystar University;
"Vice-Chancellor” means the Vice-Chancellor of Daystar University appointed under section 19.
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PART II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
Establishment and Incorporation of Daystar University
3. |
Establishment and Incorporation of Daystar University
(1) |
There is hereby established a university to be known as Daystar University which shall be constituted in accordance with this Charter.
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(2) |
Daystar University is a non-profit making and inter-denominational Christian educational institution sponsored by Daystar Company Ltd., to provide Christian based higher education, training and research for the expansion of God's Kingdom.
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(3) |
The University shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of:
(a) |
taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property;
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(b) |
borrowing or lending money;
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(d) |
doing or performing all such other things or acts for the proper performance of its functions under, and for the furtherance of the provisions of this Charter, which may lawfully be done or performed by a body corporate; and
|
(e) |
entering into contracts with Government, other institutions and individuals;
|
(f) |
receiving bequests and gifts which shall be used for the purposes stated by the persons making such bequests and gifts.
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|
(4) |
Daystar University is the successor to Daystar University College, formerly affiliated to Messiah College, Grantham Pennsylvania and Wheaton College Wheaton, Illinois in the United States of America. Subject to this Charter, all rights, duties, obligations, assets and liabilities of Daystar University College existing at the commencement of this Charter, shall be automatically and fully transferred to Day star University, and any reference to Daystar University College in any contract or document shall for all purposes, be deemed to be a reference to Daystar University as established under section 3 of the Charter.
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|
4. |
The Mission of the University
The mission of the University shall be:
(a) |
to provide Christian-based higher education, training and research for the expansion of God's kingdom in the world, and especially Africa;
|
(b) |
to provide broad biblically based education programmes that will develop men and women to serve in a variety of supportive and leadership roles in the African church and society, and through the training and extension programmes, research and advisory services, to help equip the church to effectively service the society in which it exists.
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|
5. |
The Philosophy of the University
Daystar University Christian philosophy of life and conduct, teaching, training and research, is founded on Christian principles and values based on the following biblical statement of faith and practice. As a community of people who follow Jesus Christ, we:
(a) |
(i) |
the one-eternal God in Trinity of the Father, Son and Holy Spirit, the Creator and Lord of the world, who governs all things according to the purpose of His will, calling out of the world a people for Himself and sending them back into the world to be His servants and witnesses for the extension of His kingdom, the building of Christ's church and the glory of His name; |
(ii) |
the one Saviour, Jesus Christ Himself being the only God-man, who died for the sins of mankind and was raised from the dead according to the scriptures; the only ransom for sinners and mediator between God and man; who is exalted above every other name as Saviour of the world who offers forgiveness of sins and liberating gift of the Spirit to all who repent, believe and come to him personally and so be reconciled to God; and those who reject Him repudiate the joy of salvation and condemn themselves to eternal separation with God; |
(iii) |
the Holy Spirit, sent by God the Father to bear witness to His Son, whose power and works among men lead to the conviction of sin, faith in Christ, new birth and Christian growth; and speaking through the scriptures illuminess the minds of God's people in every culture to perceive the truth and discloses to the whole church the wisdom of God; |
(iv) |
the divine inspiration, truthfulness and authority of the Old and the New Testament scriptures as the Word of God with power to accomplish His purpose of salvation; the gospel of good news for the whole world addressed to all mankind for God's revelation in Christ and the only infallible rule of faith and practice; |
(v) |
the return of Jesus Christ personally and visibly in power and glory to consummate his salvation and judgement; the interim period being filled with evangelism by the people of God, who eagerly await for Christ's return, the coming of the new heaven and new earth in which righteousness will dwell and God will reign forever; and meanwhile rededicating themselves to the service of Christ and men in joyful submission to Christ's authority over the whole of life. |
|
(b) |
Acknowledge the constant spiritual warfare with principalities and powers of evil which are seeking to overthrow the kingdom of God and to frustrate the work of the church, and the need for Christians to be equipped with God's armour and to fight with spiritual weapons of truth and prayer, being watchful and discerning to safeguard the biblical gospel.
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(c) |
(i) |
the church as the community of God's people that is not identified with any particular culture, social or political system or human ideology; being the centre of God's cosmic purpose and his appointed means of spreading the gospel to the world; and which needs to be closely united in fellowship, work, witness and functional co-operation for the furtherance of church's mission, and for mutual encouragement and the sharing of resources and experience; |
(ii) |
Christian churches that are deeply rooted in Christ and closely related to their cultures, always testing and judging such cultures in accordance with scripture's criteria for truth and righteousness, insisting on the moral absolutes and seeking to transform and enrich them for the glory of God; |
(iii) |
the freedom of thought and conscience to practice and propagate the gospel in accordance with the will of God, and to remain faithful to the gospel whatever the cost; |
(iv) |
the sharing in God's concern for justice and reconciliation throughout human society and for the liberation of man; evangelism and socio-economic/political involvement, without being afraid to denounce evil and injustice wherever they exist, being part of Christian duty and necessary expressions of Christian doctrines of God and man, love for one's neighbour and obedience to Jesus Christ to exhibit His kingdom and to spread its justice and righteousness in the world; |
(v) |
Christian education, training and research that are indigenous and developed by creative local initiatives according to biblical standards of doctrine, discipleship, evangelism, nurture and service to equip and encourage Christian leaders in church and society to provide Christian style of leadership and service. |
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|
6. |
The Objects of the University
The objects of the University shall be—
(a) |
to provide resources for university education, training discussion, research and teaching within the context of Christian truth and commitment, spiritual sensitivity, and obedience to Christ;
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(b) |
to provide, with other Christians, academic leadership to the church in Africa so as to address through research, education and consultation, the economic, social and political problems of the African society and those challenges unique to the church of Christ;
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(c) |
to provide adequate resources for quality university education, training and research based on biblical concepts and values which reflect the African cultural heritage;
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(d) |
to develop in students deeper faith in Jesus Christ and greater commitment to His gospel;
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(e) |
to guide students to understand and accept themselves, their individual needs and talents, and to develop their potential for productive life and service;
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(f) |
to provide students with a balanced educational programme that helps them to develop and to broaden their perception of the inherent inter-relationship between the physical and spiritual needs, and to develop a holistic approach to life;
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(g) |
to equip students, to personally commit themselves to evangelism, church planting and leadership;
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(h) |
to develop in students a deeper understanding of traditional and modern Africa, and to equip them to effectively provide a Christian approach to socio-economic and political development of the African continent;
|
(i) |
to play an effective role in the development and expansion of Christian university education in Africa.
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|
7. |
The Functions of the University
(1) |
The University shall have the following functions—
(a) |
to provide resources for university education, training and research and for the establishment of colleges, faculties, schools, departments, institutes, centres and such other institutions as the Council may determine;
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(b) |
to determine who may teach, what may be taught and how it may be taught in the University;
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(c) |
to conduct research and encourage the conduct of research which enlarges the province of human knowledge in general, and increases the effectiveness of the church in particular;
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(d) |
to assist in the preservation, processing, transmission and dissemination of knowledge and in the stimulation of the intellectual life and cultural development of the students and the African church and society;
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(e) |
to conduct examinations for, and grant degrees, diplomas, certificates and other awards of the University;
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(f) |
to provide a balanced programme and experiences for harmonious and holistic development of students and staff;
|
(g) |
to carry out any other functions as may be permitted and approved by the Council.
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|
(2) |
The University shall admit for study for degrees, diplomas, certificates or other awards of the University, such candidates as shall have been accepted by the Senate as being academically qualified, and who accept the University's Christian mission and philosophy as provided under sections 4 and 5 of the Charter, without regard or preference to gender, ethnic origin, race or physical disability being imposed as a condition for being a student.
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|
8. |
Colleges and Affiliated Institutions
The University may establish as approved by the Council—
(a) |
constituent colleges of the University;
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(b) |
colleges, faculties, schools and institutes of the University, or;
|
(c) |
enter into various types of academic linkages or affiliations with other recognized institutions.
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|
9. |
Conferment of Degrees, Diplomas, Certificates and Other Awards
(1) |
The University shall have power to confer degrees and grant diplomas, certificates or any other awards as may be provided for in the Statutes of the University.
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(2) |
The University may, in accordance with such conditions as it may prescribe, confer any degree, or award any academic distinction as honorary degree, or academic distinction to a person Who has rendered distinction in the advancement of any branch of learning, or who has otherwise, in the opinion of the Council, rendered himself worthy of the degree or academic distinction.
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(3) |
The University may, under conditions which it may prescribe, award fellowships, scholarships, bursaries and prizes and make other awards which it may consider necessary or desirable.
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|
10. |
The Use of the Common Seal of the University
(1) |
The Common Seal of the University shall be kept in such custody as the Council may direct and shall be used upon the order and direction of the Council.
|
(2) |
The Common seal of the University shall be authenticated by the signature of the Chairman of the Council, the Vice-Chancellor or any other person specifically appointed by the Council and duly authorized by the Council in that behalf.
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(3) |
The Common seal of the University, when affixed to any document and duly authenticated under this section, shall be judicially and officially noticed, and unless and until the contrary is proven, any necessary order or authorization of the Council under this section shall he presumed to have been duly given.
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|
PART III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
11. |
Membership
(1) |
The members of the University shall be—
(a) |
the Chancellor who is also Chairman of the Council;
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(b) |
Vice-Chairman of the Council;
|
(e) |
the Deputy Vice-Chancellors;
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(n) |
Members of Daystar Company Ltd., and
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(o) |
such other members of staff of the University, or of any other body, formally admitted into association with the University, as the Council may from time to time determine.
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|
(2) |
A member of the University shall profess personal faith in Jesus Christ as Lord and Saviour accept the University's Christian philosophy as provided for under section 5 (1) of the Charter and satisfy the Council of his soundness in faith and practice of the Christian doctrine demonstrated through acts of justice, mercy and love in the church and society.
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12. |
Governance of the University
(1) |
The governance of the University shall be vested in the following persons and bodies—
(c) |
the University Council, and
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|
13. |
Daystar Company Ltd
The Day Star Company Limited, which is the founder and sponsor of the University, shall have and exercise the following functions—
(a) |
to oversee the mission of the University;
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(b) |
to appoint the Chancellor of the University;
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(c) |
to elect members to serve on the Council of the University;
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(d) |
to receive reports on the operation and progress of the University.
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|
14. |
The Chancellor
(1) |
The Chancellor of the Daystar Company Limited shall, in consultation with the Council, appoint a Chancellor of the University who shall also serve as the Chairman of the Council.
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(2) |
A person who is appointed Chancellor shall hold office for a period of five years, and shall be eligible for re-appointment for one more term.
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(3) |
(a) |
promote continually the University's holistic progress and advancement in accordance with the University's Christian philosophy, Charter and Statutes;
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(b) |
be the head of the University and in name of the University confer degrees and grant diplomas, certificates and other awards of the University;
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(c) |
chair meetings of the Council and the Executive Committee;
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(d) |
direct, from time to time, an inspection and assessment of the general administration and organization, teaching and research, and any other work of the University, and
|
(e) |
enjoy such powers and privileges and perform such functions as the Council may approve and are provided for in the Statutes.
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|
(4) |
Whenever the Chancellor is, for any reason, unable to perform functions of his office, the Council shall appoint a person, from among the members of the Council, to perform those functions during the absence or incapacity of the Chancellor.
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|
15. |
The Council
(1) |
There shall be a Council of the University which shall be the governing body with full responsibility over the University.
|
(2) |
The Council shall consist of the following—
(a) |
the Chancellor elected by the Daystar Company Ltd. and who shall be the Chairman of the Council;
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(b) |
Vice-Chairman elected by members of Council from among its members;
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(c) |
fifteen members elected by the Daystar Company consisting of men and women from—
(ii) |
Christian agencies with which Daystar is associated; |
(iii) |
para-church organizations with Christian ministries in Africa; |
(iv) |
professional bodies in Africa which are involved in Christian higher education; |
(v) |
academic and research institutions associated with the University. |
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(d) |
one member representing each Daystar University Alumni Association;
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(e) |
one member representing each Daystar University Board registered outside Kenya;
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(f) |
two members co-opted by the Council;
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(g) |
the following members elected annually by the bodies they represent—
(i) |
two members representing the University Senate; |
(ii) |
two members representing the University academic staff; |
(iii) |
two members representing the Daystar University Students Association; |
|
(h) |
the Vice-Chancellor who shall be the Secretary of the Council;
|
(i) |
the following ex officio members—
(i) |
Deputy Vice-Chancellors; |
(ii) |
Principals of Colleges; |
(iii) |
Director of Student Development; |
(iv) |
Executive Directors of Daystar University Boards registered outside Africa. |
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|
(3) |
Five members of the Council elected under section 15 2 (c) shall come from outside Kenya.
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(4) |
A member shall hold office for a period of three years.
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(5) |
Every year a third of the members shall retire, except that a retiring member shall be eligible for election for a maximum of two consecutive terms after which the member must retire for at least one year.
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(6) |
A member shall comply with standards of faith, doctrine and conduct required under section 11(2) of the Charter.
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(7) |
A member shall not vote in respect of any contract in which the member is interested, or any matter arising thereof and if the member does so vote the vote shall not be counted.
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(8) |
The office of a member of the Council shall become vacant—
(a) |
if the member fails to comply with the provisions of section 11(2) of this Charter; or
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(b) |
if the member resigns his office by writing a letter under his hand addressed to the Secretary of the Council; or
|
(c) |
if the Council is satisfied that a member is, by reason of physical or mental infirmity, unable to exercise the functions of the office; or
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(d) |
if the member fails to perform the duties of office without valid reason as determined by the Council and approved by the members of the Company at either a special meeting or annual general meeting; or
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(e) |
arising from the member's gross misconduct as determined by the Council and approved by the members of the Company at either a special meeting or the annual general meeting; or
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(f) |
if the member is directly or indirectly interested in any contract with the University and fails to declare the nature of his interest; or
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(g) |
if the member becomes bankrupt or makes any arrangement or proposition with his creditors generally; or
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|
(9) |
Where the office of a member of Council becomes vacant, the Secretary of the Council shall forthwith notify the vacancy to the Council.
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|
16. |
Functions of the Council
(1) |
The governance, control and administration of the University shall be vested in the Council which shall act and exercise all legal rights, powers and privileges of the University as provided in the Charter.
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(2) |
Notwithstanding subsection (1) of this section, the Council shall have power—
(a) |
to foster the stated objectives of the University and develop policies conducive to attainment of the objectives, the mission and the Christian character of the University;
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(b) |
to provide and administer the property and funds of the University in a manner and for the purposes which shall promote the best interests of the University;
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(c) |
to receive on behalf of the University, funds, gifts, donations, grants and other monies and make disbursements thereof;
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(d) |
to direct the raising and securing of financial support for the University and approve the University budget;
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(e) |
to provide for the welfare of the staff of the University, determine staff ranks and positions and the terms and conditions of service;
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(f) |
to provide for the welfare of the students of the University;
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(g) |
to set the rates of various University fees and charges;
|
(h) |
to create University scholarships, bursaries and other awards and to determine the conditions and modalities to govern them;
|
(i) |
to appoint University staff upon such terms and conditions of service as may be provided for in the Statutes from time to time;
|
(j) |
to delegate either generally or specifically, to any person or committee, the power to appoint any member of staff of the University;
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(k) |
to approve, in consultation with the Senate, regulations governing the conduct and discipline of the staff and students of the University;
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(l) |
to approve and enter into any association with other colleges or any institutions of higher learning and research or other bodies either within or outside Kenya;
|
(m) |
to establish, in consultation with the Senate and with the approval of the Commission for Higher Education such colleges, faculties, institutes, schools, departments and any new programmes as may be deemed necessary;
|
(n) |
to constitute the final court of appeal for the staff, students and alumni of the University.
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(3) |
The Council may delegate any of its powers to committees of the Council consisting of such members or bodies as it may deem fit. All such committees shall, in the exercise of their powers so delegated, conform to any regulations that may be imposed by the Council.
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(4) |
The Council may establish any advisory body or associations as it may deem fit. All such bodies and associations shall perform their functions in accordance with the provisions of the statutes and regulations made by the Council.
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(5) |
The Council shall establish an Executive Committee consisting of the Chairman of the Council, as its chairman, and four Governors, Vice-Chancellor as its secretary, and in attendance the Deputy Vice-Chancellors and Principals. The functions of the Executive Committee shall be—
(a) |
to act on behalf of the Council in between the Council meetings;
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(b) |
to ensure that the decisions of the Council are implemented;
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(c) |
to co-ordinate the activities of all committees of the Council; and
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(d) |
to initiate action on all matters related to the University for Council approval.
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(6) |
The Secretary to the Council and the Executive Committee shall—
(a) |
cause minutes to be kept in books provided for the purpose including the names of the members present, the proceedings and resolutions of the meetings and the appointments made by the Council;
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(b) |
ensure that all notices are sent or waivers executed;
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(c) |
be the custodian of the Common Seal.
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(7) |
All documents, other than those required by law to be under the seal, made on behalf of the Council, and all decisions of the Council, may be signified under the hand of the Chairman or the Secretary or such other persons as may be authorized by the Council.
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(8) |
The procedure, conduct and regulations of the affairs of he Council shall be vested in the Council as provided for in the Statutes.
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(9) |
For all meetings of the Council, the quorum shall be the nearest whole number above half the membership.
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17. |
The Senate
(1) |
There shall be a Senate of the University consisting of—
(a) |
the Vice-Chancellor, who shall be the Chairman;
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(b) |
the Deputy Vice-Chancellors;
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(f) |
the Chairmen of teaching and research departments of the University;
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(i) |
two members elected by the academic staff;
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(j) |
two students elected by the Students Association;
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(k) |
any other members as may be provided for in the Statutes or co-opted by the Senate.
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(2) |
The Senate shall have the following powers and duties—
(a) |
to propose to the Council for approval the short-term and long-term academic plans and their modifications based on a continuous evaluation;
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(b) |
to develop, evaluate and propose modifications in the programmes of instruction, research and field services consistent with the objectives, policies and Christian philosophy of the University;
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(c) |
to develop criteria and policies for the admission of students, their retention and progression to the next years of study, the award of degrees, diplomas and certificates;
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(d) |
to approve the academic calendar and academic programme of studies;
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(e) |
to discuss and approve the annual academic reports presented by the principals and deans;
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(f) |
to settle academic matters within the faculties and departments and to deal with academic disputes arising therefrom;
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(g) |
to receive and approve examination results;
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(h) |
to discuss, evaluate and recommend to the Council, affiliations of degree programmes and other programmes leading to academic awards of the constituent colleges and supervise them;
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(i) |
to recommend to the Council changes in the Statutes and Regulations;
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(j) |
to propose to the Council the financial needs of the academic, training and research programmes of the University;
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(k) |
to recommend to the Council appointments and promotions of academic staff;
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(l) |
to promote and supervise the development of the library and the archives;
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(m) |
to formulate and recommend to the Council regulations governing the conduct and discipline of the staff and students of the University;
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(n) |
to act on matters related to the mass related to the mass indiscipline or unrest of staff and students of the University as provided in the Statutes;
|
(o) |
to make regulations governing such matters as are within its powers in accordance with this Charter or the Statutes.
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(3) |
The Deputy Vice-Chancellor Academic Affairs shall be the Secretary of the Senate.
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(4) |
The Senate shall meet at least two times a semester.
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(5) |
(a) |
establish such committees as may be deemed necessary for the efficient discharge of its functions and duties;
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(b) |
delegate any of its powers to other Committees of the Senate consisting of such members or bodies as they may deem fit.
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(6) |
All committees established by the Senate shall, in the exercise of their powers so delegated, conform to any regulations that may be imposed by the Senate.
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(7) |
The Senate shall undertake any other functions, and duties as may be provided for in the Statutes.
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PART IV – MANAGEMENT OF THE UNIVERSITY
18. |
The Management Board
(1) |
There shall be a Management Board of the University consisting of:
(a) |
the Vice-Chancellor who shall be the Chairman;
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(b) |
the Deputy Vice-Chancellors;
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(f) |
any other members as may be provided for in the Statutes, or co-opted by the Management Board.
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(2) |
The Management Board shall manage the day to day operations of the University and shall—
(a) |
ensure efficient management of the personnel, facilities and finances of the University;
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(b) |
plan for the development and the needs of the University;
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(c) |
prepare, in consultation with the Senate, the annual plans and budgets for submission to the Council for approval;
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(d) |
develop strategies for generation of revenue and fund raising to secure adequate financial support for the University;
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(e) |
implement the rules and regulations governing the conduct and behaviour of staff or students of the University as approved by the Council and provided for in the Statutes;
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(f) |
recommend such policies and strategies that achieve the objectives of the University and work for the maintenance of the Christian character of the University;
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(g) |
undertake any other functions and duties as may be provided for in the Statutes.
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(3) |
The Deputy Vice-Chancellor Finance, Planning and Administration shall be the Secretary of the Management Board.
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(4) |
The Management Board may delegate any of its powers to other committees of the Management Board consisting of such members or bodies as it may deem fit. All such committees shall in the exercise of their powers so delegated conform to any regulations that may be imposed by the Management Board.
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19. |
The Vice-Chancellor
(1) |
The Council shall appoint a Vice-Chancellor who shall be the academic and administrative head of the University.
The Vice-Chancellor shall—
(a) |
direct, promote and co-ordinate all the programmes and activities of the University;
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(b) |
act as the representative of the University and be its spokesman on its external relations;
|
(c) |
assume administrative responsibilities for the day to day running of the University and its management;
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(d) |
preside over the Senate and the Management Board in accordance with the Statutes;
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(e) |
be responsible for the general welfare, conduct and discipline of staff and students;
|
(f) |
work collegially with the personnel of the University for the realization of its objectives;
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(g) |
direct the securing of financial support for the University.
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(2) |
The Vice-Chancellor shall be appointed on such terms and conditions of service as the Council may determine from time to time, and shall hold office for such period as may be provided for in the Statutes.
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20. |
The Deputy Vice-Chancellors
(1) |
The Council shall, in consultation with the Vice-Chancellor, appoint Deputy Vice-Chancellors who shall, under the direction and authority of the Vice-Chancellor, perform such duties as may be provided for in the Statutes.
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(2) |
There shall be a Deputy Vice-Chancellor for Academic Affairs who shall be the chief academic officer of the University and shall—
(a) |
be secretary to the Senate;
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(b) |
administer academic regulations as the Senate may from time to time adopt;
|
(c) |
be responsible for the planning and development of the curricular and research programmes of the University;
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(d) |
oversee the quality and content of instruction and research programmes;
|
(e) |
perform such other duties as may be provided for in the Statutes.
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(3) |
There shall be a Deputy Vice-Chancellor for Finance, Planning and Administration, who shall be the chief planning, finance and administrative officer of the University and shall—
(a) |
be the Secretary to the Management Board;
|
(b) |
co-ordinate the planning and budgeting for the University;
|
(c) |
be responsible for the management and administration of University finances and financial resources;
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(d) |
be responsible for the maintenance of University facilities and equipment;
|
(e) |
be responsible for the management of personnel matters;
|
(f) |
perform such other duties as may be provided for in the Statutes.
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(4) |
The Deputy Vice-Chancellors shall be appointed on such terms and conditions of service as the Council may determine from time to time, and shall hold office for such periods as may be provided for in the Statutes.
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21. |
The Principals
(1) |
The Council shall, in consultation with the Vice-Chancellor, appoint Principals who under the direction and authority of the Vice-Chancellor shall—
(a) |
be responsible for the administration of constituent colleges of the University, and
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(b) |
perform such other duties as shall be provided for in the Statutes.
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(2) |
The Principals shall be appointed on such terms and conditions of service as the Council may determine from time to time and shall hold office for such periods as may be provided for in the Statutes.
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22. |
The Directors
(1) |
The Council shall, in consultation with the Vice-Chancellor, appoint Directors who shall, under the direction and authority of the Vice-Chancellor, perform such duties as may be provided for in the Statutes.
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(2) |
A Director shall be appointed en such terms and conditions of service as may be determined by the Council, and shall hold office for such periods as may be provided for in the Statutes.
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23. |
The Deans
(1) |
The Council shall, in consultation with the Vice-Chancellor, appoint Deans who shall, under the direction and authority of the Vice-Chancellor, perform such duties as may be provided for in the Statutes.
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(2) |
A Dean shall be appointed on such terms and conditions of service as any be determined by the Council, and shall hold office for such period as may be provided for in the Statutes.
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24. |
The Staff of the University
(1) |
The academic staff shall consist of:
(b) |
the Deputy Vice-Chancellors;
|
(h) |
members of staff who have direct responsibility for and contact with students as teachers, counsellors or administrators recognized as holding positions on academic terms of service.
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(2) |
The non-academic staff shall consist of other University personnel not covered under subsection (1) above.
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(3) |
Members of staff shall be required—
(a) |
to comply with the requirements of faith and doctrine as is stipulated in section 11(2) of the Charter, and the code of conduct as detailed in the Statutes;
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(b) |
to be subject to the general authority or the Council and of the Vice-Chancellor; and
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(c) |
to be deemed to be employed on a full-time basis except as otherwise specifically provided for by the Statutes.
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(4) |
The status, privileges, procedures and responsibilities of the staff shall be as defined in the Statutes.
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(5) |
Subject to the provisions of this Charter, it will be the duty of the staff, through discussion, study and research, to institute procedures for the efficiency and quality of instruction, guidance and advancement of students.
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(6) |
All the staff may, through their departmental meetings, make proposals and recommendations to the Senate or the Management Board, as specified in the Statutes, and the Senate or Management Board shall make decisions on such proposals and recommendations.
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25. |
Performance of Duties During the Incapacity of an Office Holder
(1) |
In event of the incapacity of the Vice-Chancellor, the functions of the Vice-Chancellor, may be performed by—
(a) |
the Deputy Vice-Chancellor for Academic Affairs;
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(b) |
the Deputy Vice-Chancellor for Finance, Planning and Administration in the event of simultaneous incapacity of the Vice-Chancellor and Deputy Vice-Chancellor for Academic Affairs;
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(c) |
a member of the academic staff designated for that purpose by the Vice-Chancellor, in consultation with the Chancellor, in the event of simultaneous incapacity of the Vice-Chancellor, Deputy Vice-Chancellor Academic Affairs and the Deputy Vice-Chancellor for Finance, Planning and Administration.
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(2) |
In the event of incapacity of a member of the staff of the University other than the Vice-Chancellor, the Vice-Chancellor may appoint a suitable person with the relevant training and experience, to perform the functions of the member during the incapacity.
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(3) |
In this section, "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concerned.
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26. |
The Alumni Association
(1) |
There shall be an Alumni Association of the University which shall consist of the graduates and such other persons as may be provided for in the Statutes.
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(2) |
The Alumni Association shall have the right to meet and discuss any matter relating to the University and to transmit resolutions thereof to the Council and the Senate.
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(3) |
The Alumni Association shall exercise such powers and functions as may be provided for in the Statutes.
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PART V – FINANCIAL PROVISIONS
27. |
University Fiscal Year
(1) |
The fiscal year of the University shall be the period of twelve months commencing on such day in each year as the Council may determine.
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(2) |
In the event of any change in the fiscal year and for the transition from the old fiscal year to the new fiscal year, consequent upon the changes, the transitional period, whether more or less than twelve months, shall be deemed, for the purposes of this Charter, to be a fiscal year.
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28. |
Sources of University Funds
The funds of the University shall be derived from—
(b) |
boarding and catering charges;
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(c) |
endowments, gifts and trusts;
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(d) |
income from University auxilliary enterprises and investments;
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(e) |
such other sources as the University may from time to time identify.
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|
29. |
Investment of University Funds
(1) |
The Council may invest any of the funds of the University in securities, bonds, trusts etc., in which for the time being, the Council may by law invest, or in such manner as the Council may from time to time approve for the purpose.
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(2) |
The Council may place on deposit with such banks or financial institutions, as it may determine, any funds not immediately required for use by the University.
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(3) |
The Council may create or appoint other corporate bodies to manage its investments, pensions, provident funds, properties, etc.
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30. |
University Annual Budget
(1) |
Four months before the commencement of a fiscal year, the Council shall cause to be prepared an annual budget of estimates of revenue and expenditure of the University for that year.
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(2) |
The budget shall make provision for all the estimated expenditure of the University for the fiscal year concerned, and in particular shall provide for:
(a) |
the payment of the salaries; allowances and other charges in respect of the staff of the University;
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(b) |
the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University;
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(c) |
the funding of the cost of institutional scholarships, teaching and research activities;
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(d) |
the development of the physical plant;
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(e) |
the proper maintenance of the buildings and grounds of the University;
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(f) |
the proper maintenance repair and replacement of the equipment and other movable property of the University;
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(g) |
the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Council may deem fit.
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(3) |
The annual budget shall be approved by the Council at least three months before the commencement of the fiscal year to which it relates.
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(4) |
No expenditure shall be incurred for the purposes of the University, except in accordance with subsection (3) above, or in pursuance of an authorization of the Council.
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31. |
Accounts and Audit
(1) |
The Council shall cause to be kept, proper books and records of accounts of the income and expenditure, assets and liabilities of the University.
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(2) |
The accounts of the University shall be audited annually by a reputable firm of auditors appointed by the Council.
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(3) |
An auditor appointed under subsection (2) above, shall report directly to the Council.
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(4) |
Within a period of three (3) months from the end of each fiscal year, the Vice-Chancellor shall submit to the Council audited accounts of the University.
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PART VI – MISCELLANEOUS PROVISIONS
32. |
The Statutes
(1) |
In the performance of its functions under this Charter, the Council shall make Statutes generally for the policies, governance, control and administration of the University and for the better carrying into-effect of the purposes of this Charter, and in particular for—
(a) |
the procedure and conduct and regulation of the affairs of the Council;
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(b) |
the establishment of faculties, departments, institutes, schools and colleges of the University;
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(c) |
the description of degrees;
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(d) |
the conduct of examinations;
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(e) |
the regulations for the award of degrees, diplomas and certificates;
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(f) |
prescribing fees and boarding charges;
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(g) |
determining the terms and conditions of service, including the appointment, dismissal and remuneration and retirement benefits of the staff of the University;
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(h) |
the constitution and procedures of the meetings of the Council, the Senate, the Management Board and Committees of the Council, and other Standing Committees of the University;
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(i) |
prescribing the rules and regulations for University staff, students and the Students Association;
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(j) |
the composition and procedures of the meetings of the academic staff and Alumni Association;
|
(k) |
providing for or prescribing anything which under the Charter may be provided for or prescribed in the Statutes.
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(2) |
Statutes shall only be made by a resolution passed at one meeting of the Council, supported by a majority of not less than three-fourths of the members present and voting at that meeting, and at which not less than half of the total membership of the Council are present, provided that such statutes shall not be in contravention of any provision of this Charter.
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33. |
Protection of name
(1) |
Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names, shall accept for such registration any name which includes together the word "University" and the word "Daystar" unless the application for such registration is accompanied by the written consent of the Council.
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(2) |
Any person who, except with written consent of the Council, uses the word "University" and the word "Daystar" in furtherance of, 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 ten thousand shillings, or imprisonment for a period not exceeding one month or to both such fine and imprisonment.
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(3) |
Provided that nothing in this subsection shall be of any construed as preventing the "bona fide" use by any person title in pursuance of the grant to him of any degree, diploma or certificate of the University.
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THE CHARTER FOR DAYSTAR UNIVERSITY
WHEREAS (Daystar Company Limited), the proprietors of Daystar University College situated in the Republic of Kenya, wishes to establish an institution in the name of Daystar University;
AND WHEREAS the said Daystar University College has applied to the Commission for Higher Education for the grant of a charter in the manner prescribed under the Universities Act (Cap. 210);
AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of Daystar University, are consistent with the advancement of university education in Kenya;
AND WHEREAS the Commission for Higher Education is also satisfied that Daystar University College has complied with the provisions of the Act;
AND WHEREAS the Commission for Higher Education has submitted a draft charter, the text whereof is annexed hereto, to the Cabinet Secretary for Education on the said institution and the Cabinet Secretary is satisfied that Daystar University, be granted the charter;
AND WHEREAS the Cabinet Secretary has submitted the charter to me with recommendations thereon;
AND WHEREAS I am satisfied that the granting of the Charter will be of benefit to the advancement of university education in Kenya;
Now wherefore, by these presents, be it known that in exercise of the powers conferred upon me by section 12 of the Universities Act (Cap. 210B), I, Daniel Toroitich arap Moi, President, and Commander-in-Chief of the Armed Forces, of the Republic of Kenya, hereby grant the Charter annexed hereto to Daystar University.
PART I – PRELIMINARY
1. |
Short title
This Charter may be cited as the Daystar University Charter.
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2. |
Interpretation
In this Charter, unless the context otherwise requires—
"Affiliated Institutions” means institutions which have academic linkage with Daystar University under section 8 for the purposes of being able to grant university degrees, diplomas and certificates;
"Alumni Association” means the Alumni Association of Daystar University established under section 26;
"Chancellor" means the Chancellor of Daystar University appointed under section 14;
“Charter" means Daystar University Charter;
"Company" means the registered non-profit making Daystar Company Limited by guarantee and the body that sponsors Daystar University;
"Constituent College" means the Constituent College established under section 8;
"Council" means the Governing Council of Daystar University established under section 15(1);
"Deputy Vice-Chancellor for Academic Affairs" means Deputy Vice-Chancellor for Academic Affairs appointed under section 20(2);
“Deputy Vice-Chancellor for Finance, Planning and Administration" means Deputy Vice-Chancellor appointed under section 20(3);
"Director" means a person appointed as Director under section 22;
"Executive Committee" means the Executive Committee of the Council appointed under section 16(5);
"Fiscal Year” means the fiscal year of Daystar University determined under section 27(1);
"Graduate" means a person upon whom a degree has been conferred by Daystar University;
"Management Board” means the Management Board established under section 18;
"Principal" means the Principal appointed under section 21;
"Senate" means the Senate of Daystar University established under section 17;
"Statutes" means the statutes of Daystar University made by the Council under section 32;
"Student" means a person registered by Daystar University for the purpose of obtaining a qualification of Daystar University, or any other person who is determined by the Senate to a student;
"Students Association” means the association of students recognized by the Council as being an organization representative of the students of Daystar University;
"University" means Daystar University;
"Vice-Chancellor” means the Vice-Chancellor of Daystar University appointed under section 19.
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PART II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
3. |
Establishment and Incorporation of Daystar University
(1) |
There is hereby established a university to be known as Daystar University which shall be constituted in accordance with this Charter.
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(2) |
Daystar University is a non-profit making and inter-denominational Christian educational institution sponsored by Daystar Company Ltd., to provide Christian based higher education, training and research for the expansion of God's Kingdom.
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(3) |
The University shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of:
(a) |
taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property;
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(b) |
borrowing or lending money;
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(d) |
doing or performing all such other things or acts for the proper performance of its functions under, and for the furtherance of the provisions of this Charter, which may lawfully be done or performed by a body corporate; and
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(e) |
entering into contracts with Government, other institutions and individuals;
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(f) |
receiving bequests and gifts which shall be used for the purposes stated by the persons making such bequests and gifts.
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(4) |
Daystar University is the successor to Daystar University College, formerly affiliated to Messiah College, Grantham Pennsylvania and Wheaton College Wheaton, Illinois in the United States of America. Subject to this Charter, all rights, duties, obligations, assets and liabilities of Daystar University College existing at the commencement of this Charter, shall be automatically and fully transferred to Day star University, and any reference to Daystar University College in any contract or document shall for all purposes, be deemed to be a reference to Daystar University as established under section 3 of the Charter.
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4. |
The Mission of the University
The mission of the University shall be:
(a) |
to provide Christian-based higher education, training and research for the expansion of God's kingdom in the world, and especially Africa;
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(b) |
to provide broad biblically based education programmes that will develop men and women to serve in a variety of supportive and leadership roles in the African church and society, and through the training and extension programmes, research and advisory services, to help equip the church to effectively service the society in which it exists.
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5. |
The Philosophy of the University
Daystar University Christian philosophy of life and conduct, teaching, training and research, is founded on Christian principles and values based on the following biblical statement of faith and practice. As a community of people who follow Jesus Christ, we:
(a) |
(i) |
the one-eternal God in Trinity of the Father, Son and Holy Spirit, the Creator and Lord of the world, who governs all things according to the purpose of His will, calling out of the world a people for Himself and sending them back into the world to be His servants and witnesses for the extension of His kingdom, the building of Christ's church and the glory of His name; |
(ii) |
the one Saviour, Jesus Christ Himself being the only God-man, who died for the sins of mankind and was raised from the dead according to the scriptures; the only ransom for sinners and mediator between God and man; who is exalted above every other name as Saviour of the world who offers forgiveness of sins and liberating gift of the Spirit to all who repent, believe and come to him personally and so be reconciled to God; and those who reject Him repudiate the joy of salvation and condemn themselves to eternal separation with God; |
(iii) |
the Holy Spirit, sent by God the Father to bear witness to His Son, whose power and works among men lead to the conviction of sin, faith in Christ, new birth and Christian growth; and speaking through the scriptures illuminess the minds of God's people in every culture to perceive the truth and discloses to the whole church the wisdom of God; |
(iv) |
the divine inspiration, truthfulness and authority of the Old and the New Testament scriptures as the Word of God with power to accomplish His purpose of salvation; the gospel of good news for the whole world addressed to all mankind for God's revelation in Christ and the only infallible rule of faith and practice; |
(v) |
the return of Jesus Christ personally and visibly in power and glory to consummate his salvation and judgement; the interim period being filled with evangelism by the people of God, who eagerly await for Christ's return, the coming of the new heaven and new earth in which righteousness will dwell and God will reign forever; and meanwhile rededicating themselves to the service of Christ and men in joyful submission to Christ's authority over the whole of life. |
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(b) |
Acknowledge the constant spiritual warfare with principalities and powers of evil which are seeking to overthrow the kingdom of God and to frustrate the work of the church, and the need for Christians to be equipped with God's armour and to fight with spiritual weapons of truth and prayer, being watchful and discerning to safeguard the biblical gospel.
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(c) |
(i) |
the church as the community of God's people that is not identified with any particular culture, social or political system or human ideology; being the centre of God's cosmic purpose and his appointed means of spreading the gospel to the world; and which needs to be closely united in fellowship, work, witness and functional co-operation for the furtherance of church's mission, and for mutual encouragement and the sharing of resources and experience; |
(ii) |
Christian churches that are deeply rooted in Christ and closely related to their cultures, always testing and judging such cultures in accordance with scripture's criteria for truth and righteousness, insisting on the moral absolutes and seeking to transform and enrich them for the glory of God; |
(iii) |
the freedom of thought and conscience to practice and propagate the gospel in accordance with the will of God, and to remain faithful to the gospel whatever the cost; |
(iv) |
the sharing in God's concern for justice and reconciliation throughout human society and for the liberation of man; evangelism and socio-economic/political involvement, without being afraid to denounce evil and injustice wherever they exist, being part of Christian duty and necessary expressions of Christian doctrines of God and man, love for one's neighbour and obedience to Jesus Christ to exhibit His kingdom and to spread its justice and righteousness in the world; |
(v) |
Christian education, training and research that are indigenous and developed by creative local initiatives according to biblical standards of doctrine, discipleship, evangelism, nurture and service to equip and encourage Christian leaders in church and society to provide Christian style of leadership and service. |
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6. |
The Objects of the University
The objects of the University shall be—
(a) |
to provide resources for university education, training discussion, research and teaching within the context of Christian truth and commitment, spiritual sensitivity, and obedience to Christ;
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(b) |
to provide, with other Christians, academic leadership to the church in Africa so as to address through research, education and consultation, the economic, social and political problems of the African society and those challenges unique to the church of Christ;
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(c) |
to provide adequate resources for quality university education, training and research based on biblical concepts and values which reflect the African cultural heritage;
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(d) |
to develop in students deeper faith in Jesus Christ and greater commitment to His gospel;
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(e) |
to guide students to understand and accept themselves, their individual needs and talents, and to develop their potential for productive life and service;
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(f) |
to provide students with a balanced educational programme that helps them to develop and to broaden their perception of the inherent inter-relationship between the physical and spiritual needs, and to develop a holistic approach to life;
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(g) |
to equip students, to personally commit themselves to evangelism, church planting and leadership;
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(h) |
to develop in students a deeper understanding of traditional and modern Africa, and to equip them to effectively provide a Christian approach to socio-economic and political development of the African continent;
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(i) |
to play an effective role in the development and expansion of Christian university education in Africa.
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7. |
The Functions of the University
(1) |
The University shall have the following functions—
(a) |
to provide resources for university education, training and research and for the establishment of colleges, faculties, schools, departments, institutes, centres and such other institutions as the Council may determine;
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(b) |
to determine who may teach, what may be taught and how it may be taught in the University;
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(c) |
to conduct research and encourage the conduct of research which enlarges the province of human knowledge in general, and increases the effectiveness of the church in particular;
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(d) |
to assist in the preservation, processing, transmission and dissemination of knowledge and in the stimulation of the intellectual life and cultural development of the students and the African church and society;
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(e) |
to conduct examinations for, and grant degrees, diplomas, certificates and other awards of the University;
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(f) |
to provide a balanced programme and experiences for harmonious and holistic development of students and staff;
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(g) |
to carry out any other functions as may be permitted and approved by the Council.
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(2) |
The University shall admit for study for degrees, diplomas, certificates or other awards of the University, such candidates as shall have been accepted by the Senate as being academically qualified, and who accept the University's Christian mission and philosophy as provided under sections 4 and 5 of the Charter, without regard or preference to gender, ethnic origin, race or physical disability being imposed as a condition for being a student.
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8. |
Colleges and Affiliated Institutions
The University may establish as approved by the Council—
(a) |
constituent colleges of the University;
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(b) |
colleges, faculties, schools and institutes of the University, or;
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(c) |
enter into various types of academic linkages or affiliations with other recognized institutions.
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9. |
Conferment of Degrees, Diplomas, Certificates and Other Awards
(1) |
The University shall have power to confer degrees and grant diplomas, certificates or any other awards as may be provided for in the Statutes of the University.
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(2) |
The University may, in accordance with such conditions as it may prescribe, confer any degree, or award any academic distinction as honorary degree, or academic distinction to a person Who has rendered distinction in the advancement of any branch of learning, or who has otherwise, in the opinion of the Council, rendered himself worthy of the degree or academic distinction.
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(3) |
The University may, under conditions which it may prescribe, award fellowships, scholarships, bursaries and prizes and make other awards which it may consider necessary or desirable.
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10. |
The Use of the Common Seal of the University
(1) |
The Common Seal of the University shall be kept in such custody as the Council may direct and shall be used upon the order and direction of the Council.
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(2) |
The Common seal of the University shall be authenticated by the signature of the Chairperson of the Council, the Vice-Chancellor or any other person specifically appointed by the Council and duly authorized by the Council in that behalf.
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(3) |
The Common seal of the University, when affixed to any document and duly authenticated under this section, shall be judicially and officially noticed, and unless and until the contrary is proven, any necessary order or authorization of the Council under this section shall he presumed to have been duly given.
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PART III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
11. |
Membership
(1) |
The members of the University shall be—
(a) |
the Chancellor who is also Chairperson of the Council;
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(b) |
Vice-Chairperson of the Council;
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(e) |
the Deputy Vice-Chancellors;
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(n) |
Members of Daystar Company Ltd., and
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(o) |
such other members of staff of the University, or of any other body, formally admitted into association with the University, as the Council may from time to time determine.
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(2) |
A member of the University shall profess personal faith in Jesus Christ as Lord and Saviour accept the University's Christian philosophy as provided for under section 5 (1) of the Charter and satisfy the Council of his soundness in faith and practice of the Christian doctrine demonstrated through acts of justice, mercy and love in the church and society.
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12. |
Governance of the University
The governance of the University shall be vested in the following persons and bodies—
(c) |
the University Council, and
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13. |
Daystar Company Ltd
The Day Star Company Limited, which is the founder and sponsor of the University, shall have and exercise the following functions—
(a) |
to oversee the mission of the University;
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(b) |
to appoint the Chancellor of the University;
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(c) |
to elect members to serve on the Council of the University;
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(d) |
to receive reports on the operation and progress of the University.
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14. |
The Chancellor
(1) |
The Chancellor of the Daystar Company Limited shall, in consultation with the Council, appoint a Chancellor of the University who shall also serve as the Chairperson of the Council.
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(2) |
A person who is appointed Chancellor shall hold office for a period of five years, and shall be eligible for re-appointment for one more term.
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(3) |
(a) |
promote continually the University's holistic progress and advancement in accordance with the University's Christian philosophy, Charter and Statutes;
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(b) |
be the head of the University and in name of the University confer degrees and grant diplomas, certificates and other awards of the University;
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(c) |
chair meetings of the Council and the Executive Committee;
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(d) |
direct, from time to time, an inspection and assessment of the general administration and organization, teaching and research, and any other work of the University, and
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(e) |
enjoy such powers and privileges and perform such functions as the Council may approve and are provided for in the Statutes.
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(4) |
Whenever the Chancellor is, for any reason, unable to perform functions of his office, the Council shall appoint a person, from among the members of the Council, to perform those functions during the absence or incapacity of the Chancellor.
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15. |
The Council
(1) |
There shall be a Council of the University which shall be the governing body with full responsibility over the University.
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(2) |
The Council shall consist of the following—
(a) |
the Chancellor elected by the Daystar Company Ltd. and who shall be the Chairperson of the Council;
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(b) |
Vice-Chairperson elected by members of Council from among its members;
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(c) |
fifteen members elected by the Daystar Company consisting of men and women from—
(ii) |
Christian agencies with which Daystar is associated; |
(iii) |
para-church organizations with Christian ministries in Africa; |
(iv) |
professional bodies in Africa which are involved in Christian higher education; |
(v) |
academic and research institutions associated with the University. |
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(d) |
one member representing each Daystar University Alumni Association;
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(e) |
one member representing each Daystar University Board registered outside Kenya;
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(f) |
two members co-opted by the Council;
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(g) |
the following members elected annually by the bodies they represent—
(i) |
two members representing the University Senate; |
(ii) |
two members representing the University academic staff; |
(iii) |
two members representing the Daystar University Students Association; |
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(h) |
the Vice-Chancellor who shall be the Secretary of the Council;
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(i) |
the following ex officio members—
(i) |
Deputy Vice-Chancellors; |
(ii) |
Principals of Colleges; |
(iii) |
Director of Student Development; |
(iv) |
Executive Directors of Daystar University Boards registered outside Africa. |
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(3) |
Five members of the Council elected under section 15 2 (c) shall come from outside Kenya.
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(4) |
A member shall hold office for a period of three years.
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(5) |
Every year a third of the members shall retire, except that a retiring member shall be eligible for election for a maximum of two consecutive terms after which the member must retire for at least one year.
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(6) |
A member shall comply with standards of faith, doctrine and conduct required under section 11(2) of the Charter.
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(7) |
A member shall not vote in respect of any contract in which the member is interested, or any matter arising thereof and if the member does so vote the vote shall not be counted.
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(8) |
The office of a member of the Council shall become vacant—
(a) |
if the member fails to comply with the provisions of section 11(2) of this Charter; or
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(b) |
if the member resigns his office by writing a letter under his hand addressed to the Secretary of the Council; or
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(c) |
if the Council is satisfied that a member is, by reason of physical or mental infirmity, unable to exercise the functions of the office; or
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(d) |
if the member fails to perform the duties of office without valid reason as determined by the Council and approved by the members of the Company at either a special meeting or annual general meeting; or
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(e) |
arising from the member's gross misconduct as determined by the Council and approved by the members of the Company at either a special meeting or the annual general meeting; or
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(f) |
if the member is directly or indirectly interested in any contract with the University and fails to declare the nature of his interest; or
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(g) |
if the member becomes bankrupt or makes any arrangement or proposition with his creditors generally; or
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(9) |
Where the office of a member of Council becomes vacant, the Secretary of the Council shall forthwith notify the vacancy to the Council.
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16. |
Functions of the Council
(1) |
The governance, control and administration of the University shall be vested in the Council which shall act and exercise all legal rights, powers and privileges of the University as provided in the Charter.
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(2) |
Notwithstanding subsection (1) of this section, the Council shall have power—
(a) |
to foster the stated objectives of the University and develop policies conducive to attainment of the objectives, the mission and the Christian character of the University;
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(b) |
to provide and administer the property and funds of the University in a manner and for the purposes which shall promote the best interests of the University;
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(c) |
to receive on behalf of the University, funds, gifts, donations, grants and other monies and make disbursements thereof;
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(d) |
to direct the raising and securing of financial support for the University and approve the University budget;
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(e) |
to provide for the welfare of the staff of the University, determine staff ranks and positions and the terms and conditions of service;
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(f) |
to provide for the welfare of the students of the University;
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(g) |
to set the rates of various University fees and charges;
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(h) |
to create University scholarships, bursaries and other awards and to determine the conditions and modalities to govern them;
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(i) |
to appoint University staff upon such terms and conditions of service as may be provided for in the Statutes from time to time;
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(j) |
to delegate either generally or specifically, to any person or committee, the power to appoint any member of staff of the University;
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(k) |
to approve, in consultation with the Senate, regulations governing the conduct and discipline of the staff and students of the University;
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(l) |
to approve and enter into any association with other colleges or any institutions of higher learning and research or other bodies either within or outside Kenya;
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(m) |
to establish, in consultation with the Senate and with the approval of the Commission for Higher Education such colleges, faculties, institutes, schools, departments and any new programmes as may be deemed necessary;
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(n) |
to constitute the final court of appeal for the staff, students and alumni of the University.
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(3) |
The Council may delegate any of its powers to committees of the Council consisting of such members or bodies as it may deem fit. All such committees shall, in the exercise of their powers so delegated, conform to any regulations that may be imposed by the Council.
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(4) |
The Council may establish any advisory body or associations as it may deem fit. All such bodies and associations shall perform their functions in accordance with the provisions of the statutes and regulations made by the Council.
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(5) |
The Council shall establish an Executive Committee consisting of the Chairperson of the Council, as its Chairperson, and four Governors, Vice-Chancellor as its secretary, and in attendance the Deputy Vice-Chancellors and Principals. The functions of the Executive Committee shall be—
(a) |
to act on behalf of the Council in between the Council meetings;
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(b) |
to ensure that the decisions of the Council are implemented;
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(c) |
to co-ordinate the activities of all committees of the Council; and
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(d) |
to initiate action on all matters related to the University for Council approval.
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(6) |
The Secretary to the Council and the Executive Committee shall—
(a) |
cause minutes to be kept in books provided for the purpose including the names of the members present, the proceedings and resolutions of the meetings and the appointments made by the Council;
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(b) |
ensure that all notices are sent or waivers executed;
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(c) |
be the custodian of the Common Seal.
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(7) |
All documents, other than those required by law to be under the seal, made on behalf of the Council, and all decisions of the Council, may be signified under the hand of the Chairperson or the Secretary or such other persons as may be authorized by the Council.
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(8) |
The procedure, conduct and regulations of the affairs of he Council shall be vested in the Council as provided for in the Statutes.
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(9) |
For all meetings of the Council, the quorum shall be the nearest whole number above half the membership.
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17. |
The Senate
(1) |
There shall be a Senate of the University consisting of—
(a) |
the Vice-Chancellor, who shall be the Chairperson;
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(b) |
the Deputy Vice-Chancellors;
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(f) |
the Chairperson of teaching and research departments of the University;
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(i) |
two members elected by the academic staff;
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(j) |
two students elected by the Students Association;
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(k) |
any other members as may be provided for in the Statutes or co-opted by the Senate.
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(2) |
The Senate shall have the following powers and duties—
(a) |
to propose to the Council for approval the short-term and long-term academic plans and their modifications based on a continuous evaluation;
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(b) |
to develop, evaluate and propose modifications in the programmes of instruction, research and field services consistent with the objectives, policies and Christian philosophy of the University;
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(c) |
to develop criteria and policies for the admission of students, their retention and progression to the next years of study, the award of degrees, diplomas and certificates;
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(d) |
to approve the academic calendar and academic programme of studies;
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(e) |
to discuss and approve the annual academic reports presented by the principals and deans;
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(f) |
to settle academic matters within the faculties and departments and to deal with academic disputes arising therefrom;
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(g) |
to receive and approve examination results;
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(h) |
to discuss, evaluate and recommend to the Council, affiliations of degree programmes and other programmes leading to academic awards of the constituent colleges and supervise them;
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(i) |
to recommend to the Council changes in the Statutes and Regulations;
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(j) |
to propose to the Council the financial needs of the academic, training and research programmes of the University;
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(k) |
to recommend to the Council appointments and promotions of academic staff;
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(l) |
to promote and supervise the development of the library and the archives;
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(m) |
to formulate and recommend to the Council regulations governing the conduct and discipline of the staff and students of the University;
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(n) |
to act on matters related to the mass related to the mass indiscipline or unrest of staff and students of the University as provided in the Statutes;
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(o) |
to make regulations governing such matters as are within its powers in accordance with this Charter or the Statutes.
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(3) |
The Deputy Vice-Chancellor Academic Affairs shall be the Secretary of the Senate.
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(4) |
The Senate shall meet at least two times a semester.
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(5) |
(a) |
establish such committees as may be deemed necessary for the efficient discharge of its functions and duties;
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(b) |
delegate any of its powers to other Committees of the Senate consisting of such members or bodies as they may deem fit.
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(6) |
All committees established by the Senate shall, in the exercise of their powers so delegated, conform to any regulations that may be imposed by the Senate.
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(7) |
The Senate shall undertake any other functions, and duties as may be provided for in the Statutes.
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PART IV – MANAGEMENT OF THE UNIVERSITY
18. |
The Management Board
(1) |
There shall be a Management Board of the University consisting of:
(a) |
the Vice-Chancellor who shall be the Chairperson;
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(b) |
the Deputy Vice-Chancellors;
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(f) |
any other members as may be provided for in the Statutes, or co-opted by the Management Board.
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(2) |
The Management Board shall manage the day to day operations of the University and shall—
(a) |
ensure efficient management of the personnel, facilities and finances of the University;
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(b) |
plan for the development and the needs of the University;
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(c) |
prepare, in consultation with the Senate, the annual plans and budgets for submission to the Council for approval;
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(d) |
develop strategies for generation of revenue and fund raising to secure adequate financial support for the University;
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(e) |
implement the rules and regulations governing the conduct and behaviour of staff or students of the University as approved by the Council and provided for in the Statutes;
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(f) |
recommend such policies and strategies that achieve the objectives of the University and work for the maintenance of the Christian character of the University;
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(g) |
undertake any other functions and duties as may be provided for in the Statutes.
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(3) |
The Deputy Vice-Chancellor Finance, Planning and Administration shall be the Secretary of the Management Board.
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(4) |
The Management Board may delegate any of its powers to other committees of the Management Board consisting of such members or bodies as it may deem fit. All such committees shall in the exercise of their powers so delegated conform to any regulations that may be imposed by the Management Board.
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19. |
The Vice-Chancellor
(1) |
The Council shall appoint a Vice-Chancellor who shall be the academic and administrative head of the University.
The Vice-Chancellor shall—
(a) |
direct, promote and co-ordinate all the programmes and activities of the University;
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(b) |
act as the representative of the University and be its spokesman on its external relations;
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(c) |
assume administrative responsibilities for the day to day running of the University and its management;
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(d) |
preside over the Senate and the Management Board in accordance with the Statutes;
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(e) |
be responsible for the general welfare, conduct and discipline of staff and students;
|
(f) |
work collegially with the personnel of the University for the realization of its objectives;
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(g) |
direct the securing of financial support for the University.
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(2) |
The Vice-Chancellor shall be appointed on such terms and conditions of service as the Council may determine from time to time, and shall hold office for such period as may be provided for in the Statutes.
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20. |
The Deputy Vice-Chancellors
(1) |
The Council shall, in consultation with the Vice-Chancellor, appoint Deputy Vice-Chancellors who shall, under the direction and authority of the Vice-Chancellor, perform such duties as may be provided for in the Statutes.
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(2) |
There shall be a Deputy Vice-Chancellor for Academic Affairs who shall be the chief academic officer of the University and shall—
(a) |
be secretary to the Senate;
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(b) |
administer academic regulations as the Senate may from time to time adopt;
|
(c) |
be responsible for the planning and development of the curricular and research programmes of the University;
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(d) |
oversee the quality and content of instruction and research programmes;
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(e) |
perform such other duties as may be provided for in the Statutes.
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(3) |
There shall be a Deputy Vice-Chancellor for Finance, Planning and Administration, who shall be the chief planning, finance and administrative officer of the University and shall—
(a) |
be the Secretary to the Management Board;
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(b) |
co-ordinate the planning and budgeting for the University;
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(c) |
be responsible for the management and administration of University finances and financial resources;
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(d) |
be responsible for the maintenance of University facilities and equipment;
|
(e) |
be responsible for the management of personnel matters;
|
(f) |
perform such other duties as may be provided for in the Statutes.
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(4) |
The Deputy Vice-Chancellors shall be appointed on such terms and conditions of service as the Council may determine from time to time, and shall hold office for such periods as may be provided for in the Statutes.
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21. |
The Principals
(1) |
The Council shall, in consultation with the Vice-Chancellor, appoint Principals who under the direction and authority of the Vice-Chancellor shall—
(a) |
be responsible for the administration of constituent colleges of the University, and
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(b) |
perform such other duties as shall be provided for in the Statutes.
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(2) |
The Principals shall be appointed on such terms and conditions of service as the Council may determine from time to time and shall hold office for such periods as may be provided for in the Statutes.
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22. |
The Directors
(1) |
The Council shall, in consultation with the Vice-Chancellor, appoint Directors who shall, under the direction and authority of the Vice-Chancellor, perform such duties as may be provided for in the Statutes.
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(2) |
A Director shall be appointed in such terms and conditions of service as may be determined by the Council, and shall hold office for such periods as may be provided for in the Statutes.
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23. |
The Deans
(1) |
The Council shall, in consultation with the Vice-Chancellor, appoint Deans who shall, under the direction and authority of the Vice-Chancellor, perform such duties as may be provided for in the Statutes.
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(2) |
A Dean shall be appointed on such terms and conditions of service as any be determined by the Council, and shall hold office for such period as may be provided for in the Statutes.
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24. |
The Staff of the University
(1) |
The academic staff shall consist of:
(b) |
the Deputy Vice-Chancellors;
|
(h) |
members of staff who have direct responsibility for and contact with students as teachers, counsellors or administrators recognized as holding positions on academic terms of service.
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(2) |
The non-academic staff shall consist of other University personnel not covered under subsection (1) above.
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(3) |
Members of staff shall be required—
(a) |
to comply with the requirements of faith and doctrine as is stipulated in section 11(2) of the Charter, and the code of conduct as detailed in the Statutes;
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(b) |
to be subject to the general authority or the Council and of the Vice-Chancellor; and
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(c) |
to be deemed to be employed on a full-time basis except as otherwise specifically provided for by the Statutes.
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(4) |
The status, privileges, procedures and responsibilities of the staff shall be as defined in the Statutes.
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(5) |
Subject to the provisions of this Charter, it will be the duty of the staff, through discussion, study and research, to institute procedures for the efficiency and quality of instruction, guidance and advancement of students.
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(6) |
All the staff may, through their departmental meetings, make proposals and recommendations to the Senate or the Management Board, as specified in the Statutes, and the Senate or Management Board shall make decisions on such proposals and recommendations.
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25. |
Performance of Duties During the Incapacity of an Office Holder
(1) |
In event of the incapacity of the Vice-Chancellor, the functions of the Vice-Chancellor, may be performed by—
(a) |
the Deputy Vice-Chancellor for Academic Affairs;
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(b) |
the Deputy Vice-Chancellor for Finance, Planning and Administration in the event of simultaneous incapacity of the Vice-Chancellor and Deputy Vice-Chancellor for Academic Affairs;
|
(c) |
a member of the academic staff designated for that purpose by the Vice-Chancellor, in consultation with the Chancellor, in the event of simultaneous incapacity of the Vice-Chancellor, Deputy Vice-Chancellor Academic Affairs and the Deputy Vice-Chancellor for Finance, Planning and Administration.
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(2) |
In the event of incapacity of a member of the staff of the University other than the Vice-Chancellor, the Vice-Chancellor may appoint a suitable person with the relevant training and experience, to perform the functions of the member during the incapacity.
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(3) |
In this section, "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concerned.
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26. |
The Alumni Association
(1) |
There shall be an Alumni Association of the University which shall consist of the graduates and such other persons as may be provided for in the Statutes.
|
(2) |
The Alumni Association shall have the right to meet and discuss any matter relating to the University and to transmit resolutions thereof to the Council and the Senate.
|
(3) |
The Alumni Association shall exercise such powers and functions as may be provided for in the Statutes.
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PART V – FINANCIAL PROVISIONS
27. |
University Fiscal Year
(1) |
The fiscal year of the University shall be the period of twelve months commencing on such day in each year as the Council may determine.
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(2) |
In the event of any change in the fiscal year and for the transition from the old fiscal year to the new fiscal year, consequent upon the changes, the transitional period, whether more or less than twelve months, shall be deemed, for the purposes of this Charter, to be a fiscal year.
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28. |
Sources of University Funds
The funds of the University shall be derived from—
(b) |
boarding and catering charges;
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(c) |
endowments, gifts and trusts;
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(d) |
income from University auxilliary enterprises and investments;
|
(e) |
such other sources as the University may from time to time identify.
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|
29. |
Investment of University Funds
(1) |
The Council may invest any of the funds of the University in securities, bonds, trusts etc., in which for the time being, the Council may by law invest, or in such manner as the Council may from time to time approve for the purpose.
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(2) |
The Council may place on deposit with such banks or financial institutions, as it may determine, any funds not immediately required for use by the University.
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(3) |
The Council may create or appoint other corporate bodies to manage its investments, pensions, provident funds, properties, etc.
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|
30. |
University Annual Budget
(1) |
Four months before the commencement of a fiscal year, the Council shall cause to be prepared an annual budget of estimates of revenue and expenditure of the University for that year.
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(2) |
The budget shall make provision for all the estimated expenditure of the University for the fiscal year concerned, and in particular shall provide for:
(a) |
the payment of the salaries; allowances and other charges in respect of the staff of the University;
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(b) |
the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University;
|
(c) |
the funding of the cost of institutional scholarships, teaching and research activities;
|
(d) |
the development of the physical plant;
|
(e) |
the proper maintenance of the buildings and grounds of the University;
|
(f) |
the proper maintenance repair and replacement of the equipment and other movable property of the University;
|
(g) |
the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Council may deem fit.
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(3) |
The annual budget shall be approved by the Council at least three months before the commencement of the fiscal year to which it relates.
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(4) |
No expenditure shall be incurred for the purposes of the University, except in accordance with subsection (3) above, or in pursuance of an authorization of the Council.
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31. |
Accounts and Audit
(1) |
The Council shall cause to be kept, proper books and records of accounts of the income and expenditure, assets and liabilities of the University.
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(2) |
The accounts of the University shall be audited annually by a reputable firm of auditors appointed by the Council.
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(3) |
An auditor appointed under subsection (2) above, shall report directly to the Council.
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(4) |
Within a period of three (3) months from the end of each fiscal year, the Vice-Chancellor shall submit to the Council audited accounts of the University.
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PART VI – MISCELLANEOUS PROVISIONS
32. |
The Statutes
(1) |
In the performance of its functions under this Charter, the Council shall make Statutes generally for the policies, governance, control and administration of the University and for the better carrying into-effect of the purposes of this Charter, and in particular for—
(a) |
the procedure and conduct and regulation of the affairs of the Council;
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(b) |
the establishment of faculties, departments, institutes, schools and colleges of the University;
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(c) |
the description of degrees;
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(d) |
the conduct of examinations;
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(e) |
the regulations for the award of degrees, diplomas and certificates;
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(f) |
prescribing fees and boarding charges;
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(g) |
determining the terms and conditions of service, including the appointment, dismissal and remuneration and retirement benefits of the staff of the University;
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(h) |
the constitution and procedures of the meetings of the Council, the Senate, the Management Board and Committees of the Council, and other Standing Committees of the University;
|
(i) |
prescribing the rules and regulations for University staff, students and the Students Association;
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(j) |
the composition and procedures of the meetings of the academic staff and Alumni Association;
|
(k) |
providing for or prescribing anything which under the Charter may be provided for or prescribed in the Statutes.
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(2) |
Statutes shall only be made by a resolution passed at one meeting of the Council, supported by a majority of not less than three-fourths of the members present and voting at that meeting, and at which not less than half of the total membership of the Council are present, provided that such statutes shall not be in contravention of any provision of this Charter.
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33. |
Protection of name
(1) |
Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names, shall accept for such registration any name which includes together the word "University" and the word "Daystar" unless the application for such registration is accompanied by the written consent of the Council.
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(2) |
Any person who, except with written consent of the Council, uses the word "University" and the word "Daystar" in furtherance of, 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 ten thousand shillings, or imprisonment for a period not exceeding one month or to both such fine and imprisonment.
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(3) |
Provided that nothing in this subsection shall be of any construed as preventing the "bona fide" use by any person title in pursuance of the grant to him of any degree, diploma or certificate of the University.
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THE CHARTER FOR SCOTT CHRISTIAN UNIVERSITY
ARRANGEMENT OF PARAGRAPHS
PART I – PRELIMINARY
PART II – ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE
3. |
Establishment and Incorporation of Scott Theological College
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5. |
Mission of the College
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6. |
Distinctives of the College
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7. |
Philosophy of the College
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8. |
Objects of the College
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9. |
Functions of the College
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11. |
Conferment of degrees, diplomas, certificates and other awards
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12. |
Withdrawal of degrees, diplomas, etc., in certain cases
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PART III – MEMBERSHIP AND GOVERNANCE OF THE COLLEGE
13. |
Membership of the College
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14. |
Governance of the College
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15. |
Central Church Council of the Africa Inland Church
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17. |
Chairperson of the Governing Council
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18. |
Functions of the Governing Council
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19. |
Executive Committee of the Governing Council
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PART IV – MANAGEMENT OF THE COLLEGE
29. |
Supervisor of Field Education
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31. |
Performance of duties during the incapacity of an office holder
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PART V – FINANCIAL PROVISIONS
34. |
College Financial Year
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35. |
Sources of College Funds
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36. |
Investment of College funds
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PART VI – MISCELLANEOUS PROVISIONS
39. |
The Common Seal and the Signification of Documents
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42. |
Variation and Revocation
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THE CHARTER FOR SCOTT THEOLOGICAL COLLEGE, 1997
CHARTER
WHEREAS the Africa Inland Church, proprietors of Scott Theological College situated in the Republic of Kenya, wishes to establish an institution in the name of Scott Theological College;
AND WHEREAS the said Scott Theological College has applied to the Commission for Higher Education for the grant of a charter in the manner prescribed under the Universities Act;
AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of Scott Theological College, are consistent with the advancement of university education in Kenya;
AND WHEREAS the Commission for Higher Education is also satisfied that Scott Theological College has complied with the provisions of the Act, and the Universities Rules, 1989 (L.N. 56/1989);
AND WHEREAS the Commission for Higher Education has submitted a draft charter, the text whereof is annexed hereto, to the Minister for Education on the said institution and the Minister is satisfied that Scott Theological College, be granted the charter;
AND WHEREAS the Minister has submitted the Charter to me with recommendations thereon;
AND WHEREAS I am satisfied that the granting of the Charter will be of benefit to the advancement of university education in Kenya;
Now wherefore, by these presents, be it known that in exercise of the powers conferred upon me by Section 12 of the Universities Act, I, Daniel Toroitich arap Moi, President, and Commander-in-Chief of the Armed Forces, of the Republic of Kenya, hereby grant the Charter annexed hereto to Scott Theological College.
A Charter to provide for the establishment, control, governance and administration of Scott Theological College, and for connected purposes.
PART I – PRELIMINARY
1. |
Short title
This Charter may be cited as the Scott Theological College Charter, 1997.
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2. |
Interpretation
In this Charter, unless the context otherwise requires—
"Academic Council" means the Academic Council of Scott Theological College established in accordance with Section 20(1);
"Academic Staff" means persons defined as academic staff under Section 30(1);
"Act" means the Universities Act, 1985;
"Administrative Staff" means persons defined as administrative staff under Section 30(2);
"Alumni Association" means Alumni Association of Scott Theological College established under Section 33(1);
"Annual Budget" means the annual budget of estimates of revenue and expenditure prepared under Section 37(1) in respect of any financial year;
"Central Church Council" means the supreme governing body of the Africa Inland Church in Kenya, currently known as the Central Church Council;
"Chairman of the Governing Council" means the Chairman of the Governing Council of Scott Theological College appointed under Section 17;
"Charter" means Scott Theological College Charter;
"Church", unless otherwise designated, means any Christian church recognizing Jesus Christ as the only Lord and Saviour and the Holy Scriptures of the Old and New Testament as the final authority in matters of faith and practice;
"College" means Scott Theological College;
"Dean of Students", means a person appointed as Dean of Students under Section 26;
"Deputy Principal" means a person appointed as Deputy Principal under Section 23;
"Director" means a person appointed as Director under Section 25;
"Doctrinal Basis" means the Doctrinal Basis of the College as detailed in Section 7(a);
"Executive Committee" means the Executive Committee of the Governing Council established under Section 19(1);
"Finance Officer" means a person appointed as Finance Officer under Section 24;
"Financial Year" means the financial year of Scott Theological College as determined under Section 34(1);
"Governing Council" means the governing body of Scott Theological College established under Section 16(1);
"Graduate" means a person upon whom a degree or other award has been conferred by Scott Theological College under the provisions of Section 11(1);
"Institute" means an institute established by the College under Section 9(1)(b);
"Management Board" means the Management Board established under Section 21;
"Mission" means the Mission for which the College has been established under Section 5;
"Objects" means the objects of the College as stated in Section 8;
"Philosophy" means the statement of the philosophy of the College contained in Section 7;
"Principal" means the person appointed by the Governing Council as Principal under Section 22;
"Registrar" means the person appointed by the Governing Council as Registrar under Section 27;
"Statutes" means the Statutes of Scott Theological College promulgated by the Governing Council under Section 40;
"Student Council" means the body of students of the College established under Section 32;
"Student" means a person registered as such by the College;
"Supervisor of Field Education" means the person appointed by the Governing Council as Supervisor of Field Education under Section 29;
"Treasurer" means the Treasurer of the Governing Council elected under Section 16(10)(d);
"Vice-Chairman" means the Vice-Chairman of the Governing Council elected under Section 16(10)(b).
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PART II – ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE
3. |
Establishment and Incorporation of Scott Theological College
(1) |
There is hereby established a College to be known as Scott Theological College which shall be constituted in accordance with the Charter.
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(2) |
The College shall be a body corporate with perpetual succession and a common seal and shall in its corporate name be capable of—
(b) |
taking, purchasing or otherwise acquiring, holding, charging and disposing of movable or immovable property;
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(c) |
borrowing or lending money;
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(e) |
receiving bequests and gifts which shall be used for the purposes stated by the persons making such bequests and gifts;
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(f) |
doing or performing all such other things or acts for the proper performance of its functions under, and for the furtherance of the provisions of, this Charter which may lawfully be done or performed by a body corporate.
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(3) |
Scott Theological College is the successor to the unincorporated body known as Scott Theological College affiliated with Ontario Bible College, Ontario, Canada. Subject to the Charter, all rights, duties, obligations, assets and liabilities of the said unincorporated body existing at the commencement of this Charter shall be automatically and fully transferred to Scott Theological College in any contract or document shall for all purposes be deemed to be a reference to Scott Theological College as established under Section 3(1) of the Charter.
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4. |
Type of Institution
(1) |
Scott Theological College shall be a training institution of the Africa Inland Church, which is the founder and sponsor of the College.
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(2) |
The purpose of the College is to train divinely called Christian men and women in biblical knowledge, Christian character and effective skills for Christian ministry in order to serve the church and associated Christian ministries as pastors, teachers, evangelists, missionaries and other Christian workers.
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(3) |
The College maintains the distinctives of being an institution that is Bible-based, church-related and having a theological position that is commonly identified as "conservative, evangelical" as stated in Section 6 and 7 of the Charter.
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5. |
Mission of the College
The mission of the College shall be to glorify God by building the church through high quality programmes of education, training and research. This involves the training of divinely called Christian men and women in biblical knowledge, Christian character and effective ministry skills, in order to serve the church as pastors, teachers, evangelists, missionaries and other Christian workers; and to conduct research related to the growth and development of the Church and associated Christian ministries.
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6. |
Distinctives of the College
Recognizing that the College is a training arm of the Africa Inland Church in Kenya, Scott Theological College maintains the following distinctives—
(a) |
The College is an institution devoted to a specific form of professional training to prepare students for Christian ministry, in accordance with the Philosophy and Objects of the College.
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(b) |
The College is a Bible-based institution. Biblical values form the foundation for all aspects of the purpose, structure and programmes of the college. The selection of the students, lecturers, and administrators; requirements for graduation; lifestyle and expectations; determination of curriculum; and means of funding and development are based upon biblical standards. Hence candidates for admission as students or recruitment as lecturers or administrators are considered not only on the basis of meeting required academic standards, but also proven high moral and ethical standards resulting from acceptance of Jesus Christ as both Saviour and Lord. Rejection and/or dismissal of staff or students may result from failure to meet and/or maintain these standards.
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(c) |
The College is a church-related institution. A theological college can only retain its true identity through an integral relationship with the churches that represent the Body of Christ here on earth. Hence, while the College may have many and varied relationships, none is more fundamental to its nature and mission than its relation-ship to the church. For this reason, the College has direct ties of authority and responsibility to the Africa Inland Church, its founder and sponsor.
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(d) |
The College is not merely a Christian and a Protestant institution. It is fundamentally and unalterably committed to a distinctive theological position recognised as historical, evangelical orthodoxy. This means that the College affirms the absolute authority, inerrancy and reliability of Scripture, salvation by grace through faith in Jesus Christ alone and other articles in the Doctrinal Basis including the amplification of the Doctrinal Basis in the Statutes.
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7. |
Philosophy of the College
Growing out of the Mission and Distinctives of the College, the following philosophy of life and conduct shall shape the education, training and research of the College—
(a) |
As a community of Christians who acknowledge Jesus Christ as Lord and Saviour, we affirm our belief in the following Doctrinal Basis of the College—
(i) |
The unity and Trinity of God, eternally existing in three coequal Persons, the Father, the Son and the Holy Spirit. |
(ii) |
God the Creator and Preserver of all things, who created man, male and female, in His own image and gave them dominion over the earthly creation. |
(iii) |
The deity and humanity of God the Son, the Lord Jesus Christ, who being very God, also became man, being begotten by the Holy Spirit, born of the Virgin Mary, was dead and buried, was raised bodily from the dead and ascended to the right hand of the Father; whose two natures continue eternally and inseparably joined together in one Person. |
(iv) |
The deity and personality of God the Holy Spirit and the necessity of His work to make the death of Christ effective to the individual sinner, granting him repentance toward God and faith in the Lord Jesus Christ; and in His ministry dwelling permanently within and working through the believer for godly life and service. |
(v) |
The divine and verbal inspiration and infallibility of the Scriptures of the Old and New Testaments as originally given and their absolute and final authority in all matters of faith and conduct. |
(vi) |
The universal sinfulness and guilt of human nature since the fall, rendering man subject to God's wrath and condemnation. |
(vii) |
The sacrificial death of our Representative and Substitute, the Lord Jesus Christ, the incarnate Son of God, by the shedding of whose blood atonement was made for the sin of the world whereby alone men are redeemed from the guilt, penalty and power of sin and death. |
(viii) |
The necessity of the new birth as the work of God the Holy Spirit, that men are saved by grace through faith, not by works. |
(ix) |
The eternal security of the believer, based entirely on the atoning work of the Lord Jesus Christ, whereby, as a born-again child of God, he has assurance of salvation and has the right to all the privileges of the sons of God. |
(x) |
The maintenance of good works and obedience to the revealed will of God in life and service, through which eternal rewards shall be received. |
(xi) |
The True Church, whose Head is the Lord Jesus Christ and whose members are all regenerate persons united to Christ and to one another by the baptism of the Holy Spirit. |
(xii) |
The observance of the ordinances of Baptism and the Lord's Supper as appointed by the Lord Jesus Christ. |
(xiii) |
The supreme mission of the church as being to glorify God and to preach the Gospel to every creature. |
(xiv) |
The personal, visible return of the Lord Jesus christ: - to catch up the Church which is the Body of Christ — I Thessalonians 4:16,17; - to reign a thousand years — Revelation 20:6. |
(xv) |
The literal resurrection of the body. The physical resurrection of all people. |
(xvi) |
The eternal blessedness of the saved and the eternal punishment of the lost. |
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(b) |
As a community of Christians who strive to grow into maturity in the knowledge of the Lord, we are committed to theological education which helps students to grow in the following dimensions of life—
(i) |
Growth in character, which involves a living relationship of faith and obedience to Jesus Christ, demonstrated through a godly lifestyle, conduct and attitude; |
(ii) |
Growth in knowledge, including knowledge of the Word of God, a comprehensive grasp of theological truths and an awareness of contemporary culture and thought, all essential for effective ministry in the churches; |
(iii) |
Growth in skills necessary for effective ministry including skills of preaching, teaching, evangelism and discipleship. |
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8. |
Objects of the College
The objects of the College shall be—
(a) |
to provide resources for university level education, either directly or in collaboration with other institutions of higher learning, for training Christian workers, especially pastors, teachers, evangelists, missionaries and other ministers of Jesus Christ;
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(b) |
to conduct research and encourage the conduct of research on church related topics in order to help multiply, strengthen and renew the churches in Africa;
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(c) |
to preserve, produce, process, transmit and disseminate knowledge pertaining to Christian thought and the churches in Africa;
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(d) |
to foster and promote within the students and the churches of Africa, an African Christian world view, which is firmly rooted in the Scriptures and incarnated in African culture;
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(e) |
to provide leadership in the development of African Christian thought, applying the biblical principles of Scripture and the contemporary cultural; social, religious, moral and political issues in Africa;
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(f) |
to stimulate missionary and evangelistic interest and involvement among the students and churches;
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(g) |
to promote the spiritual life of the students and churches through the study of Scripture and the exercise of prayer and worship;
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(h) |
to train students in their character, knowledge and skills so that they will—
(i) |
demonstrate a living relationship of faith and obedience to God; |
(ii) |
manifest a character that is exemplary before all men and consistent with the Word of God; |
(iii) |
practice a lifestyle that is well balanced and integrated, spiritually, physically, intellectually and socially; |
(iv) |
display a complete confidence in the authority and trustworthiness of Scripture; |
(v) |
relate to members of the community of Christians in a manner that is mutually edifying; |
(vi) |
demonstrate a practical working knowledge of Scripture; demonstrate a knowledge of biblical, historical and systematic theology and be able to relate this to other religions in Africa; |
(vii) |
identify and apply lessons of church history relevant to the African churches today; |
(viii) |
express the Christian faith through the perspective of contemporary African culture; |
(ix) |
display a comprehensive worldview, relating biblical truth to other areas of life and learning; |
(x) |
study the Scripture exegetically, interpreting the Word of God for himself/herself and applying it to the needs of the day; |
(xi) |
communicate the Word of God through preaching, teaching and other media; |
(xii) |
share the Gospel with people of diverse religious backgrounds, lead them to a personal faith in Jesus Christ and nurture them in the Word of God; |
(xiii) |
manifest a missionary concern and an understanding of how to plant churches in other cultures where Christ is not known. |
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9. |
Functions of the College
(1) |
The functions of the College shall be—
(a) |
to provide and advance theological education to appropriately qualified candidates leading to the award of degrees, diplomas, certificates and such other qualifications as the Governing Council shall from time to time determine, and in so doing, contribute to the training of Christian workers needed in church related ministries;
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(b) |
to provide such resources for university level education, training and research and for the establishment of departments, institutes and such other institutional arrangements as the Governing Council may determine for the purpose of enabling the College to fulfil its mission;
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(c) |
to determine who may teach, what may be taught, how it may be taught and who may be taught in the College;
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(d) |
to conduct examinations for, and grant degrees, diplomas, certificates and other awards of the College;
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(e) |
to provide an atmosphere for the spiritual, intellectual and social development of the students;
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(f) |
to play an effective role in the development and expansion of opportunities for those wishing to continue their theological education;
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(g) |
to carry out such other functions as may be permitted and approved by the Governing Council.
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(2) |
The College shall admit for study for degrees, diplomas, certificates and other awards of the College, such candidates as shall have been accepted by the Academic Council as having met the following qualifications—
(a) |
Academic qualifications as set out in the Statutes;
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(b) |
Personal qualifications expected of those contemplating Christian ministry, including testimony of conversion and faith in Jesus Christ, a sense of call to the Christian ministry, active involvement in Christian witness and church service. There should be evidence of recognition of these qualities and approval by the Church;
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(c) |
Acceptance of the College's Mission, Distinctives, and Philosophy.
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(3) |
Where a limited number of places is available in any one year, the College, in its selection of students for admission, shall have regard to the priority needs of the churches which it serves, as expressed by those churches, and especially the priority needs of the Africa Inland Church, its founder and sponsor.
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(4) |
Subject to subsection (3) above, the College shall be open to any student who, in the judgement of the Academic Council, meets the qualifications as stated in subsection (2) above without regard or preference to gender, ethnic origin, race or physical disability.
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10. |
Academic affiliation
The College by decision of the Governing Council may enter into such academic affiliations, consistent with the Charter, for the purpose of advancement of the objects of the College.
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11. |
Conferment of degrees, diplomas, certificates and other awards
(1) |
The College shall have power to confer degrees and grant diplomas, certificates or any other awards as may be provided for in the Statutes.
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(2) |
The College may, in accordance with such conditions as it may prescribe, confer any degree, or award any academic distinction, as an honorary degree or academic distinction, to a person who has rendered distinguished service in the advancement of ecclesiastical or theological endeavours, or who has otherwise, in the opinion of the Governing Council, rendered himself worthy of the degree or academic distinction.
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(3) |
The College may, under conditions it deems fit, award certificates, fellowships, scholarships, bursaries, prizes and other awards.
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12. |
Withdrawal of degrees, diplomas, etc., in certain cases
The Governing Council in consultation with the Academic Council may withdraw any degree, diploma, certificate or other academic qualification conferred or granted under Section 11, if subsequent upon such conferment or grant the Governing Council is satisfied that—
(a) |
The conferment or grant was contrary to any regulation prescribed under section 40(1)(c);
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(b) |
The qualification was obtained through fraudulent or other improper means.
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|
PART III – MEMBERSHIP AND GOVERNANCE OF THE COLLEGE
13. |
Membership of the College
(1) |
The membership of the College shall be—
(a) |
Members of the Central Church Council;
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(b) |
Chairman of the Governing Council;
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(c) |
Members of the Governing Council;
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(k) |
Supervisor of Field Education;
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(o) |
Such members of the staff of the College or of any other body formally admitted into association with the College as the Governing Council may from time to time determine.
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(2) |
Each member of the College shall—
(a) |
profess personal faith in Jesus Christ as Lord and Saviour;
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(b) |
maintain a faithful testimony within the church;
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(c) |
satisfy the Academic Council and the Governing Council of the genuine nature of his or her faith in Christ, through a life of faith and good works according to the Scripture;
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(d) |
accept without reservation—
(i) |
the supreme authority of Scripture as God's Word, recognizing the divine, verbal inspiration of the Scriptures of the Old and New Testaments as originally given and their absolute and final authority in all matters of faith and conduct; |
(ii) |
the humanity and deity of the Lord Jesus Christ who, being God the Son, eternally existing as God in coequality with the Spirit in divine Unity and Trinity, became man, being begotten of the Holy Spirit, born of the Virgin Mary for our salvation; |
(iii) |
the universal sinfulness and guilt of human nature since the fall, rendering man subject to God's wrath and condemnation; |
(iv) |
the sacrificial death of our Representative and Substitute, the Lord Jesus Christ, by the shedding of whose blood, atonement was made for the sin of the world whereby alone men are redeemed from the guilt, penalty and power of sin and death; |
(v) |
the necessity of new birth as the work of God the Holy Spirit, that men are saved by grace through faith, not works. |
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(e) |
comply with the code of conduct and the Guide for Christian Living as specified in the Statutes.
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(3) |
Members of the Governing Council shall, in addition, meet the requirements of Section 16(4) and members of the Academic Council Management Board, all academic staff and administrative staff shall meet the requirements of Section 30(3).
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14. |
Governance of the College
The governance of the College shall be vested in the following persons and bodies—
(a) |
Central Church Council of the Africa Inland Church;
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(c) |
Chairman of the Governing Council;
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15. |
Central Church Council of the Africa Inland Church
The Central Church Council shall exercise the following control over the College—
(a) |
appoint members of the Governing Council as is provided for by Section 16(2)(e);
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(b) |
appoint the Chairman of the Governing Council;
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(c) |
approve the appointment of the Principal by the Governing Council;
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(d) |
monitor policies adopted for governing College practice to ensure their harmony with the Charter;
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(e) |
ensure, through the Principal, that the Mission, Distinctives, Philosophy and Objects of the College, are upheld by all members of the College;
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(f) |
undertake such other functions as may be provided for in the Statutes.
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16. |
Governing Council
(1) |
There shall be a Governing Council which shall be the supreme governing body with full authority to formulate and enforce policies governing the operation of the College subject to the provisions of the Charter.
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(2) |
The Governing Council shall consist of the following members—
(a) |
Chairman of the Governing Council;
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(b) |
Chairman of the Central Church Council (ex officio);
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(d) |
Deputy Principals (ex officio);
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(e) |
not less than ten and not more than fifteen members appointed by the Central Church Council as specified in the Statutes;
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(f) |
not more than three persons co-opted by the Governing Council for special services. A co-pted member shall serve for not more than four years.
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(3) |
With the exception of the appointment of the first members, members of the Governing Council appointed by the Central Church Council under subsection (2)(e) of this Section, shall be appointed for a term of four years with one half of the members retiring every two years. Members shall be eligible for appointment for no more than two consecutive terms. In the case of the appointment of the first members of the Governing Council under this subsection, one half shall be appointed for a four-year term and one half for a two-year term.
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(4) |
Each member of the Governing Council upon appointment, re-appointment or co-option, and before taking his or her place on the Governing Council, shall state in writing unconditional acceptance of the Mission, Distinctives, Philosophy and Objects of the College.
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(5) |
The Governing Council shall hold an annual meeting during each calendar year, on a date and at a place as decided by the Governing Council. At this annual meeting they shall approve the annual budget, among other business. At least one month's written notice of this meeting shall be given to members.
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(6) |
Ordinary meetings of the Governing Council shall be convened at least three times each year as specified in the Statutes.
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(7) |
A special meeting of the Governing Council shall be convened by the Chairman when requested by a petition signed by one third or more of the members of the Governing Council, to deal with such business as is specified in the petition. At least two weeks written notice shall be given for a special meeting. Only the business specified in the petition calling for the meeting shall be dealt with at a special meeting.
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(8) |
A quorum shall ordinarily consist of half the members of the Governing Council. A quorum of at least two thirds of the members shall be required to deal with any business declared by the Chairman, or determined by a simple majority of members present, to be a matter of policy.
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(9) |
At any meeting of the Governing Council, except in such special circumstances as may be prescribed in the Statutes, each member shall be entitled to one vote. The Chairman shall be entitled to an original and to a casting vote.
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(10) |
The officers of the Governing Council shall be—
(a) |
Chairman, appointed by the Central Church Council;
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(b) |
Vice-Chairman, elected by the Governing Council from among its members;
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(c) |
Secretary, who shall be the person holding the office of Principal of the College in accordance with the Charter and Statutes;
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(d) |
Treasurer, elected by the Governing Council from among its members.
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(11) |
The Vice-Chairman shall be elected for a four-year term by a majority vote of the Governing Council at an annual meeting. In the event of a vacancy occurring before the term of office is expired, the Governing Council, by a majority vote at an ordinary meeting of the Governing Council, shall elect a replacement to hold office for the remainder of the term of office.
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(12) |
The Vice-Chairman of the Governing Council shall perform such functions of the Chairman of the Governing Council as are necessary to be performed during the absence or incapacity of the Chairman.
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(13) |
The Treasurer shall be elected for a four-year term by a majority vote of the Governing Council at an annual meeting. In the event of a vacancy occurring before the term of office expires, the Governing Council, by a majority vote at an ordinary meeting of the Governing Council, shall elect a replacement to hold office for the remainder of the term of office.
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(14) |
The office of a member of the Governing Council shall become vacant—
(a) |
if, in the judgement of the Governing Council, he or she fails to comply with the Doctrinal Basis;
|
(b) |
if the member resigns his or her office by writing a letter addressed to the Principal;
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(c) |
if the Governing Council is satisfied that a member is, by reason of physical or mental infirmity, or any other reason, unable to exercise the functions of the office;
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(d) |
if the member fails to perform the duties of office without valid reason as determined by the Governing Council;
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(e) |
if the member is guilty of gross misconduct as determined by the Governing Council;
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(f) |
if the member is absent for more than three consecutive meetings of the Governing Council without having obtained leave of absence from the Governing Council;
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(15) |
A two-thirds majority vote at a meeting attended by at least two-thirds of the membership of the Governing Council shall be required to pass a resolution declaring vacant, the office of a member of the Governing Council on the grounds stipulated in clauses (c), (d), or (e) of subsection (14) of this Section.
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(16) |
In the event of a vacancy occurring among the members of the Governing Council appointed by the Central Church Council, the latter may appoint a person to fill the vacancy for the remainder of the term of the person originally appointed.
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(17) |
The duties of the officers of the Governing Council are as specified in the Statutes and as may be amended from time to time.
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17. |
Chairman of the Governing Council
(1) |
The Central Church Council shall appoint a Chairman of the Governing Council as specified in the Statutes.
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(2) |
The Chairman of the Governing Council shall be the presiding officer of the Governing Council with such powers, privileges and functions as are provided for in the Statutes.
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(3) |
A person who is appointed Chairman of the Governing Council, shall hold office for a period of four years, but shall be eligible for re-appointment subject to such terms and conditions as specified in the Statutes and as may be amended from time to time.
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18. |
Functions of the Governing Council
(1) |
The Governing Council shall be the supreme governing body of the College responsible for developing and maintaining policies that ensure the fulfilment of the Mission of the College in harmony with its Philosophy, Distinctives and Objects and shall act and exercise all legal rights, powers and privileges of the College as is provided for in the Charter.
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(2) |
Without prejudice to the generality of subsection (1), the Governing Council shall have power to—
(a) |
take such action as may be needed to maintain the distinctive evangelical character of the College as expressed in the Philosophy of the College;
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(b) |
frame policies that will ensure the fulfilment of the Mission, Distinctives andObjects of the College;
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(c) |
appoint the Principal, subject to the approval of the Central Church Council;
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(d) |
appoint academic and administrative staff in consultation with the Principal and the Africa Inland Church, on such terms and conditions as are provided for in the Statutes;
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(e) |
appoint, on the recommendation of the Principal, the Deputy Principals and such other officers as may be specified in the Statutes;
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(f) |
appoint such committees as it deems desirable for the effective fulfilment of its function and, subject to the Charter and the Statutes, set the terms and conditions under which such committees shall operate;
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(g) |
approve the courses of study to be followed in the College on the recommendation of the Academic Council and subject to the approval of the Commission for Higher Education;
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(h) |
set and monitor the financial policy of the College;
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(i) |
establish, in consultation with the Academic Council, policies for the admission of students, their physical and spiritual welfare, their maintenance, and their discipline;
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(j) |
provide direction and approval for the expansion and development of the College;
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(k) |
authorise academic affiliations in consultations with the Academic Council as is provided for by the Charter and the Statutes;
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(l) |
subject to the approval of the Central Church Council, and in consultation with the Academic Council, establish such associations with other theological institutions, churches or other Christian organisations as will advance the interests of the College;
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(m) |
as individual members of the Body of Christ, assume the responsibility of supporting the College, making known the needs of the College and assisting in identifying students for the College;
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(n) |
receive on behalf of the College donations, endowments, gifts, grants or other monies and make disbursements thereof;
|
(o) |
direct the raising and securing of financial support for the College in a manner (p) consistent with the Charter;
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(p) |
approve the annual budget;
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(q) |
set rates of College fees and charges;
|
(r) |
create College scholarships, bursaries and other awards and to determine in consultation with the Academic Council, the conditions and modalities to govern them;
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(s) |
establish, in consultation with the Academic Council and with the approval of the Commission for Higher Education, institutes, departments, faculties, schools and programmes of study or research;
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(t) |
establish, in consultation with the Academic Council, policies governing the conduct and discipline of the staff of the College;
|
(u) |
nominate, in consultation with the Academic Council, persons for appointment to the Governing Council by the Central Church Council.
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(3) |
The Governing Council may delegate any of its powers to the Academic Council, or to committees of the Governing Council consisting of such members as it may deem fit. In the exercise of such delegated powers, the Academic Council or committee shall comply with the Statutes, as well as any conditions that the Governing Council may impose and shall be at all times answerable to the Governing Council.
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(4) |
The Governing Council may establish such advisory bodies as it deems fit to advise it in the exercise of its functions. Any such advisory body shall comply with the Statutes and any special conditions that the Governing Council may impose. It shall be answerable to the Governing Council at all times.
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19. |
Executive Committee of the Governing Council
(1) |
There shall be an Executive Committee of the Governing Council which shall consist of—
(a) |
Chairman of the Governing Council, as its chairman;
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(d) |
Principal, as its secretary;
|
(f) |
Two other members elected by the Governing Council from among its own number;
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(g) |
Such other persons as are specified in the Statutes.
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(2) |
The duties of the Executive Committee shall be—
(a) |
act on behalf of the Governing Council on matters of policy as may be necessary between meetings of the Governing Council;
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(b) |
ensure that the decisions of the Governing Council are implemented; initiate proposals on all matters related to the College, for Governing Council approval.
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(3) |
A quorum shall consist of at least one-half of the members of the Executive Committee.
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(4) |
All decisions of the Executive Committee shall be reported to the Governing Council at the earliest opportunity and shall be subject to review by the Governing Council.
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(5) |
The Executive Committee shall be convened by the Chairman in consultation with the Principal. Members shall be given as much notice as is practicable for all meetings of the Executive Committee.
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20. |
Academic Council
(1) |
There shall be an Academic Council which shall consist of—
(a) |
Principal, as its chairman;
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(b) |
Deputy Principal for Academic Affairs, as its Secretary;
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(c) |
Deputy Principal for Administration;
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(i) |
Supervisor of Field Education;
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(j) |
other members of the academic staff or other officers of the College as specified in the Statutes.
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(2) |
The Academic Council shall have the following functions and exercise the followin powers in relation to the academic affairs of the College—
(a) |
make recommendations to the Governing Council on policies relating to the day to day functioning of the College, including the conduct and discipline of the students and staff of the College;
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(b) |
promulgate such regulations as may be needed to ensure the implementation of policies enacted by the Governing Council;
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(c) |
propose to the Governing Council for approval, short term and long ter academic plans and their modifications based on a continuous evaluation;
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(d) |
develop, evaluate and propose to the Governing Council modifications in the educational and research programmes of the College consistent with the Mission, Distinctives, Philosophy and Objects of the College;
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(e) |
appoint external examiners, on the recommendation of the academic departments;
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(f) |
receive reports from external examiners and take such action on such reports as it deems appropriate;
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(g) |
approve the academic calendar;
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(h) |
promote and supervise the development of the library and the archives;
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(i) |
prepare and implement plans for the professional development of academic staff;
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(j) |
make proposals to the Governing Council for the enactment, amendment or repeal of Statutes on academic, disciplinary, social, and other policies affecting the well-being of the College or any of its members;
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(k) |
receive reports on the operation of any aspect of the academic programmes of the College or related matters;
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(l) |
receive and approve examination results;
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(m) |
approve candidates for degrees, diplomas and other awards;
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(n) |
resolve disputes on academic matters arising within the College, in accordance with the Charter and the Statutes, or, where a dispute concern matters of policy beyond its designated powers, to refer the matter to the Governing Council for resolution;
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(o) |
evaluate academic programmes of the College and to be responsible for supervising the implementation and development of such programmes;
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(p) |
recommend to the Governing Council appointments and promotions of academic staff;
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(q) |
develop regulations, consistent with the Charter and Statutes, for the admission of students, progression to the next years of study, the award of degrees, diplomas and certificates;
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(r) |
make submissions to the Governing Council on the financial requirements for the effective functioning of the College in its academic training, research and related activities;
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(s) |
make and enforce regulations governing such matters as are within its powers in accordance with the Charter and the Statutes;
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(t) |
administer scholarships; fellowships and other academic awards;
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(u) |
appoint and delegate its powers, subject to the Charter and Statutes, to such committees and other bodies as are necessary for the achievement of the Objects of the College.
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21. |
Management Board
(1) |
There shall be a Management Board of the College which shall consist of—
(a) |
The Principal, as it Chairman;
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(b) |
Deputy Principal for Administration, as its Secretary;
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(c) |
Deputy Principal for Academic Affairs;
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(f) |
not more than three persons co-opted by the Management Board;
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(g) |
such other members as may be provided for by the Statutes.
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(2) |
The Management Board shall have the following functions and duties in relation to the day-to-day management of the College—
(a) |
ensure efficient management of the personnel, facilities and finances of the College;
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(b) |
plan for the development of the College's resources and facilities in close consultation with the Academic Council;
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(c) |
be responsible for the preparation of the annual estimates of finance in close consultation with the Academic Council;
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(d) |
recommend to the Academic Council and the Governing Council, management policies and strategies that will advance the objects of the College;
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(e) |
Perform such other duties as may be prescribed in the Statutes from time to time.
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PART IV – MANAGEMENT OF THE COLLEGE
22. |
Principal
(1) |
The Governing Council shall with the approval of the Central Church Council, appoint a Principal who shall be the Chief Executive and who in that capacity, shall be the academic and administrative head of the College.
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(2) |
The Principal shall be appointed on such terms and conditions of service as may be determined by the Governing Council and prescribed in the Statutes and as may be amended from time to time.
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(3) |
The Principal shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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23. |
Deputy Principals
(1) |
The Governing Council, in consultation with the Principal, shall appoint a Deputy Principal for Academic Affairs and a Deputy Principal for Administration in accordance with the Statutes.
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(2) |
Under the direction of the Principal, the Deputy Principal for Academic Affairs shall be responsible for the academic affairs of the College as may be prescribed in the Statutes.
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(3) |
The Deputy Principal for Academic Affairs shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(4) |
Under the direction of the Principal, the Deputy Principal for Administration shall be responsible for the general administration and planning of the College and shall have suc duties as may be prescribed in the Statutes.
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(5) |
The Deputy Principal for Administration shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(6) |
The Deputy Principals shall perform duties and hold office upon the terms and conditions specified in the Charter and Statutes.
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24. |
Finance Officer
(1) |
The Governing Council, in consultation with the Principal, shall appoint a Finance Officer, who shall, under the direction of the Principal, be responsible for the financial management of the College.
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(2) |
The Finance Officer shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(3) |
The Finance Officer shall be appointed on such terms and conditions of service as may be determined by the Governing Council and prescribed in the Statutes as may be amended from time to time.
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25. |
Directors
(1) |
In consultation with the Principal, the Governing Council shall appoint Directors for specific areas of College programmes considered significant as may be prescribed in the Statutes.
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(2) |
A Director shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(3) |
Directors shall perform such duties and hold office upon such terms and conditions of service as may be prescribed in the Statutes.
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26. |
Dean of Students
(1) |
In consultation with the Principal, the Governing Council shall appoint a Dean of Students on such terms and conditions of service as may be prescribed in the Statutes.
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(2) |
Under the direction of the Deputy Principal for Academic Affairs, the Dean of Students shall be responsible for the spiritual, physical and social welfare of the students.
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(3) |
The Dean of Students shall be appointed for a term of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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27. |
Registrar
(1) |
In consultation with the Principal, the Governing Council shall appoint a Registrar on such terms and conditions of service as may be prescribed in the Statutes.
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(2) |
Under the direction of the Deputy Principal for Academic Affairs, the Registrar shall be responsible for the maintenance of all student records.
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(3) |
The Registrar shall be appointed for a term of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(4) |
The Registrar shall perform such duties and hold office upon such terms and conditions of service as may be prescribed in the Statutes.
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28. |
Librarian
(1) |
In consultation with the Principal, the Governing Council shall appoint a Librarian on such terms and conditions of service as may be prescribed in the Statutes.
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(2) |
Under the direction of the Deputy Principal for Academic Affairs, the Librarian shall be responsible for the management and direction of the College library.
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(3) |
The Librarian shall be appointed for a term of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(4) |
The Librarian shall perform such duties and hold office upon such terms and conditions of service as may be prescribed in the Statutes.
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29. |
Supervisor of Field Education
(1) |
In consultation with the Principal, the Governing Council shall appoint a Supervisor of Field Education on such terms and conditions of service as may be prescribed in the Statutes.
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(2) |
The Supervisor of Field Education shall be responsible for the management, plinning and direction of the field education programme as may be prescribed in the Statutes.
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(3) |
The Supervisor of Field Education shall be appointed for a term of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(4) |
The Supervisor of Field Education shall perform such duties and hold office upon such terms and conditions of service as may be prescribed in the Statutes.
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30. |
Staff of the College
(1) |
The academic staff of the College shall consist of the Principal, the Deputy Principal for Academic Affairs, Heads of Departments, Librarian, Directors, Dean of Students, Supervisor of Field Education and all members of staff engaged in teaching and research.
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(2) |
The administrative staff of the College shall consist of the Principal, the Deputy Principal for Administration, Registrar, Finance Officer, and such other administrative officers who by their terms of service are designated administrative staff.
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(3) |
Each member of the academic staff, the administrative staff, the Academic Council and the Management Board shall affirm annually—
(a) |
his or her unreserved acceptance of the Doctrinal Basis and the amplification of the Doctrinal Basis as detailed in the Statutes, by signing the appropriate schedule to the Statutes. The Principal shall be responsible to ensure this is done and for reporting accordingly to the annual meeting of the Governing Council.
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(b) |
notwithstanding clause (a) above, a person who has reservations on one or more points about the wording of the Doctrinal Basis or its amplification in the Statutes, may elect to sign an alternative form as is provided for by the Statutes, indicating a wholehearted acceptance of the Doctrinal Basis and its amplifications in the Statutes, excepting only for such reservations as are clearly stated. The Governing Council may, at its discretion, and after consultation with the Academic Council, accept this alternative form provided that—
(i) |
the stated reservation concerns only Section 7(a)(xiv) dealing with Doctrinal Basis together with any amplification of this clause in the Statutes; or |
(ii) |
in the case of reservations that concern any other clause of Doctrinal Basis or its amplification in the Statutes, the Governing Council is satisfied that the stated reservation does not contradict or diminish the intended meaning of the Doctrinal Basis and does not compromise the College's Mission, Distinctives and Objects in matters of faith; |
(iii) |
the person stating such reservations undertakes in writing that he or she will not use his or her position in the College, either directly or indirectly, to propagate any teaching that is contrary to the Doctrinal Basis. |
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31. |
Performance of duties during the incapacity of an office holder
In the event of the incapacity of an office holder, the following provisions shall be made—
(1) |
The duties and functions of the Principal shall be performed by one of the Deputy Principals appointed by the Governing Council. In the event that the Governing Council cannot meet, then the appointment shall be made by the Executive Committee. In the case of emergency, the Chairman of the Governing Council, or in his absence, the Vice-Chairman, shall appoint one of the Deputy Principals to perform the duties of the Principal, subject to ratification by the Executive Committee.
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(2) |
In the event of the simultaneous incapacity of the Principal and both Deputy Principals, the acting appointments shall be made by the Chairman of the Governing Council, in consultation with the Central Church Council.
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(3) |
In the event of the incapacity of any other office holder, other than the Principal, the appointments shall be done by the Principal, subject to reporting his action to the Governing Council.
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(4) |
In this Section, "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concerned. "Incapacity" may be for long periods or short periods as defined in the Statutes.
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32. |
Student Council
(1) |
There shall be a Student Council, elected annually by the student body as is provided for in the Statutes.
|
(2) |
The functions of the Student Council shall be—
(a) |
to oversee and plan, in consultation with the Academic Council, student activities that promote the spiritual and social well-being of all students;
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(b) |
to promote harmonious communal life among the students, encouraging them to care for one another, by example as well as by word, looking to the interests of others rather than their own;
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(c) |
to draw to the attention of the appropriate authority, where necessary, special needs of particular students;
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(d) |
to offer suggestions to the Academic Council on matters affecting the well being of students.
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(3) |
The Student Council shall be subject to the authority of the Principal and the Academic Council in all matters.
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|
33. |
Alumni Association
(1) |
There shall be an Alumni Association of the College which shall consist of the graduates and such other persons as may be provided for in the Statutes.
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(2) |
The Alumni Association shall have the right to meet and discuss any matter relating to the College and to transmit resolutions thereon to the Academic Council through the Principal. If not satisfied with the response of the Academic Council, the Alumni Association may subsequently transmit a resolution to the Governing Council, after having advised the Academic Council through the Principal of its intention to do so.
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(3) |
The Alumni Association shall exercise such other powers and functions as may be provided for in the Statutes.
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PART V – FINANCIAL PROVISIONS
34. |
College Financial Year
(1) |
The financial year of the College shall be the period of twelve months commencing on such day in each year as the Governing Council may determine.
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(2) |
In the event of any change in the financial year, and for the purposes of the transition from the old fmancial year to a new financial year consequent upon the change, the transitional period, whether more or less than twelve months, shall be deemed for the purposes of the Charter to be a financial year.
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35. |
Sources of College Funds
The College is a non-profit educational institution, which continually seeks God for the provision of its needs. The College neither seeks, nor accepts, any funds which would be for any purpose contrary to the Mission, Distinctives and Philosophy of the College.
Subject to the above provisions, the funds of the College shall be derived from—
(b) |
boarding and catering charges;
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(c) |
endowments, gifts and trusts;
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(d) |
income from College auxiliary enterprises and investments;
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(e) |
such other sources as the College may from time to time identify.
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36. |
Investment of College funds
(1) |
The Governing Council may invest any of the funds of the College in securities, bonds, trusts and such other types of investment in which, for the time being, the Governing Council may by law invest, or in such manner as the Governing Council may from time to time approve for that purpose.
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(2) |
The Governing Council may place on deposit with such banks or financial institutions as it may determine, any funds not immediately required for use by the College.
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(3) |
The Governing Council may create or appoint other corporate bodies to manage its investments, properties, pensions etc.
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37. |
Annual Budget
(1) |
Three months before the commencement of a financial year, the Governing Council shall cause to be prepared an annual budget of estimates of revenue and expenditure of the College for that financial year.
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(2) |
The annual budget shall make provision for all the estimated expenditure of the College for the financial year concerned, and in particular shall provide for—
(a) |
payment of salaries, allowances and other charges in respect of the staff of the College;
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(b) |
payment of any pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the College;
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(c) |
funding of the cost of teaching, research and extension activities of the College;
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(d) |
funding of the cost of scholarships payable out of the funds of the College;
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(e) |
funding of the development of buildings and other physical plants;
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(f) |
proper maintenance of the buildings and grounds of the College;
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(g) |
maintenance, repair and replacement of the equipment and other property of the College.
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(3) |
The annual budget shall be approved by the Governing Council before the commencement of the financial year.
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(4) |
No expenditure shall be incurred for the purposes of the College, except in accordance with the annual estimates approved under subsection (3) above, or in pursuance of an authorisation of the Governing Council.
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38. |
Accounts and Audit
(1) |
The Governing Council shall cause to be kept proper books and records of accounts of the income and expenditure, assets and liabilities of the College.
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(2) |
The accounts of the College shall be audited annually by a reputable firm of auditors appointed by the Governing Council.
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(3) |
Within a period of three (3) months from the end of each financial year, the Principal shall submit to the Governing Council audited accounts of the College.
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PART VI – MISCELLANEOUS PROVISIONS
39. |
The Common Seal and the Signification of Documents
(1) |
The common seal shall be kept in such custody as the Governing Council may direct and shall be used upon the order and direction of the Governing Council.
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(2) |
The common seal shall be authenticated by the signature of the Principal, or of any other member of the Governing Council duly authorised by the Governing Council in that behalf, and one of the Deputy Principals.
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(3) |
The common seal when affixed to any document and duly authenticated under this Section, shall be judicially and officially noticed, and unless and until the contrary is proven, any necessary order or authorisation of the Governing Council under this Section shall be presumed to have been duly given.
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(4) |
All documents other than those required by law to be under seal, made on behalf of the Governing Council, and all decisions of the Governing Council may be signified under the hand of the Chairman and the Principal or a Deputy Principal or any other member of the Governing Council duly authorised by the Governing Council in that behalf.
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40. |
Statutes
(1) |
In the performance of its functions under the Charter, the Governing
Council shall, subject to the Universities Act, make Statutes generally as required for the governance, control, and administration of the College, for the better carrying into effect of the purposes of the Charter, and for all purposes connected therewith, and in particular for—
(a) |
the regulation, procedure and conduct of the affairs of the Governing Council;
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(b) |
the establishment of departments and institutes of the College;
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(c) |
the regulations for awarding degrees, diplomas, certificates and other academic awards;
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(d) |
the conduct of examinations;
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(e) |
prescribing fees and boarding charges;
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(f) |
determining the terms and conditions of service, including appointments, dismissals, remuneration and other benefits, of members of the staff of the College;
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(g) |
the constitution and procedures of the meetings of the Governing Council, the Academic Council, the Management Board, the Executive Committee, and other committees of the Governing Council and the College;
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(h) |
prescribing rules and regulations for the College staff, students and the Student Council;
|
(i) |
prescribing procedures, requirements, and responsibilities relating to staff positions;
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(j) |
the composition and procedures of meetings of the Alumni Association;
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(k) |
providing for or prescribing anything which, under the Charter, may be provided for or prescribed by the Statutes.
|
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(2) |
No Statute shall be valid if it contravenes or is in conflict with any provision of the Charter.
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(3) |
Notwithstanding the provisions of subsection (1) above, the Governing Council shall not make, amend, or revoke any Statutes relating to the functions or privileges of any officer or office established in the College without first ascertaining the opinion of the Academic Council.
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(4) |
Statutes shall only be made by a resolution passed at one meeting of the Governing Council by at least three-quarters of the total membership of the Governing Council, and confirmed at a subsequent meeting not less than one,. nor more than twelve months thereafter.
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(5) |
The Governing Council may amend or revoke the Statutes on the vote of a three-fourths majority of those present and voting at a meeting of the Governing Council of which notice has been given in accordance with subsection (6) of this Section, such majority being not less than half of the total membership of the Governing Council.
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(6) |
Notice of any proposed amendment to the Statutes shall be given in writing to all members of the Governing Council at least six months prior to its consideration by the Governing Council. The notice shall specify the time and place of the meeting of the Governing Council at which the proposed change is to be considered.
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41. |
Protection of Name
(1) |
Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies, or business names shall accept for such registration, any name which includes together with the words "Theological College", the word "Scott", unless the application for such registration is accompanied by the written consent of the Governing Council.
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(2) |
Any person, who except with the written consent of the Governing Council, uses the words “Theological College” together with the word “Scott” 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 twenty thousand shillings or to imprisonment for a period not exceeding six months or to both such fine and imprisonment:
Provided that nothing in this subsection shall be construed as preventing the bonafide use by any person of any title in pursuance of the grant to him of any degree, diploma, or certificate of the College.
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42. |
Variation and Revocation
This Charter may be varied or revoked in accordance with section 16 of the Universities Act.
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THE CHARTER FOR SCOTT CHRISTIAN UNIVERSITY
CHARTER
WHEREAS the Africa Inland Church, proprietors of Scott Theological College situated in the Republic of Kenya, wishes to establish an institution in the name of Scott Theological College;
AND WHEREAS the said Scott Theological College has applied to the Commission for Higher Education for the grant of a charter in the manner prescribed under the Universities Act;
AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of Scott Theological College, are consistent with the advancement of university education in Kenya;
AND WHEREAS the Commission for Higher Education is also satisfied that Scott Theological College has complied with the provisions of the Act, and the Universities Rules, 1989 (L.N. 56/1989);
AND WHEREAS the Commission for Higher Education has submitted a draft charter, the text whereof is annexed hereto, to the Cabinet Secretary for Education on the said institution and the Cabinet Secretary is satisfied that Scott Theological College, be granted the charter;
AND WHEREAS the Cabinet Secretary has submitted the Charter to me with recommendations thereon;
AND WHEREAS I am satisfied that the granting of the Charter will be of benefit to the advancement of university education in Kenya;
Now wherefore, by these presents, be it known that in exercise of the powers conferred upon me by Section 12 of the Universities Act (Cap. 210B), I, Daniel Toroitich arap Moi, President, and Commander-in-Chief of the Armed Forces, of the Republic of Kenya, hereby grant the Charter annexed hereto to Scott Theological College.
A Charter to provide for the establishment, control, governance and administration of Scott Theological College, and for connected purposes.
PART I – PRELIMINARY
1. |
Short title
This Charter may be cited as the Scott Theological College Charter.
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2. |
Interpretation
In this Charter, unless the context otherwise requires—
"Academic Council" means the Academic Council of Scott Theological College established in accordance with Section 20(1);
"Academic Staff" means persons defined as academic staff under Section 30(1);
"Act" means the Universities Act (Cap. 210);
"Administrative Staff" means persons defined as administrative staff under Section 30(2);
"Alumni Association" means Alumni Association of Scott Theological College established under Section 33(1);
"Annual Budget" means the annual budget of estimates of revenue and expenditure prepared under Section 37(1) in respect of any financial year;
"Central Church Council" means the supreme governing body of the Africa Inland Church in Kenya, currently known as the Central Church Council;
"Chairperson of the Governing Council" means the Chairperson of the Governing Council of Scott Theological College appointed under Section 17;
"Charter" means Scott Theological College Charter;
"Church", unless otherwise designated, means any Christian church recognizing Jesus Christ as the only Lord and Saviour and the Holy Scriptures of the Old and New Testament as the final authority in matters of faith and practice;
"College" means Scott Theological College;
"Dean of Students", means a person appointed as Dean of Students under Section 26;
"Deputy Principal" means a person appointed as Deputy Principal under Section 23;
"Director" means a person appointed as Director under Section 25;
"Doctrinal Basis" means the Doctrinal Basis of the College as detailed in Section 7(a);
"Executive Committee" means the Executive Committee of the Governing Council established under Section 19(1);
"Finance Officer" means a person appointed as Finance Officer under Section 24;
"Financial Year" means the financial year of Scott Theological College as determined under Section 34(1);
"Governing Council" means the governing body of Scott Theological College established under Section 16(1);
"Graduate" means a person upon whom a degree or other award has been conferred by Scott Theological College under the provisions of Section 11(1);
"Institute" means an institute established by the College under Section 9(1)(b);
"Management Board" means the Management Board established under Section 21;
"Mission" means the Mission for which the College has been established under Section 5;
"Objects" means the objects of the College as stated in Section 8;
"Philosophy" means the statement of the philosophy of the College contained in Section 7;
"Principal" means the person appointed by the Governing Council as Principal under Section 22;
"Registrar" means the person appointed by the Governing Council as Registrar under Section 27;
"Statutes" means the Statutes of Scott Theological College promulgated by the Governing Council under Section 40;
"Student Council" means the body of students of the College established under Section 32;
"Student" means a person registered as such by the College;
"Supervisor of Field Education" means the person appointed by the Governing Council as Supervisor of Field Education under Section 29;
"Treasurer" means the Treasurer of the Governing Council elected under Section 16(10)(d);
"vice-Chairperson" means the vice-Chairperson of the Governing Council elected under Section 16(10)(b).
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PART II – ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE
3. |
Establishment and Incorporation of Scott Theological College
(1) |
There is hereby established a College to be known as Scott Theological College which shall be constituted in accordance with the Charter.
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(2) |
The College shall be a body corporate with perpetual succession and a common seal and shall in its corporate name be capable of—
(b) |
taking, purchasing or otherwise acquiring, holding, charging and disposing of movable or immovable property;
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(c) |
borrowing or lending money;
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(e) |
receiving bequests and gifts which shall be used for the purposes stated by the persons making such bequests and gifts;
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(f) |
doing or performing all such other things or acts for the proper performance of its functions under, and for the furtherance of the provisions of, this Charter which may lawfully be done or performed by a body corporate.
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(3) |
Scott Theological College is the successor to the unincorporated body known as Scott Theological College affiliated with Ontario Bible College, Ontario, Canada. Subject to the Charter, all rights, duties, obligations, assets and liabilities of the said unincorporated body existing at the commencement of this Charter shall be automatically and fully transferred to Scott Theological College in any contract or document shall for all purposes be deemed to be a reference to Scott Theological College as established under Section 3(1) of the Charter.
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4. |
Type of Institution
(1) |
Scott Theological College shall be a training institution of the Africa Inland Church, which is the founder and sponsor of the College.
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(2) |
The purpose of the College is to train divinely called Christian men and women in biblical knowledge, Christian character and effective skills for Christian ministry in order to serve the church and associated Christian ministries as pastors, teachers, evangelists, missionaries and other Christian workers.
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(3) |
The College maintains the distinctives of being an institution that is Bible-based, church-related and having a theological position that is commonly identified as "conservative, evangelical" as stated in Section 6 and 7 of the Charter.
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5. |
Mission of the College
The mission of the College shall be to glorify God by building the church through high quality programmes of education, training and research. This involves the training of divinely called Christian men and women in biblical knowledge, Christian character and effective ministry skills, in order to serve the church as pastors, teachers, evangelists, missionaries and other Christian workers; and to conduct research related to the growth and development of the Church and associated Christian ministries.
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6. |
Distinctives of the College
Recognizing that the College is a training arm of the Africa Inland Church in Kenya, Scott Theological College maintains the following distinctives—
(a) |
The College is an institution devoted to a specific form of professional training to prepare students for Christian ministry, in accordance with the Philosophy and Objects of the College.
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(b) |
The College is a Bible-based institution. Biblical values form the foundation for all aspects of the purpose, structure and programmes of the college. The selection of the students, lecturers, and administrators; requirements for graduation; lifestyle and expectations; determination of curriculum; and means of funding and development are based upon biblical standards. Hence candidates for admission as students or recruitment as lecturers or administrators are considered not only on the basis of meeting required academic standards, but also proven high moral and ethical standards resulting from acceptance of Jesus Christ as both Saviour and Lord. Rejection and/or dismissal of staff or students may result from failure to meet and/or maintain these standards.
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(c) |
The College is a church-related institution. A theological college can only retain its true identity through an integral relationship with the churches that represent the Body of Christ here on earth. Hence, while the College may have many and varied relationships, none is more fundamental to its nature and mission than its relation-ship to the church. For this reason, the College has direct ties of authority and responsibility to the Africa Inland Church, its founder and sponsor.
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(d) |
The College is not merely a Christian and a Protestant institution. It is fundamentally and unalterably committed to a distinctive theological position recognised as historical, evangelical orthodoxy. This means that the College affirms the absolute authority, inerrancy and reliability of Scripture, salvation by grace through faith in Jesus Christ alone and other articles in the Doctrinal Basis including the amplification of the Doctrinal Basis in the Statutes.
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7. |
Philosophy of the College
Growing out of the Mission and Distinctives of the College, the following philosophy of life and conduct shall shape the education, training and research of the College—
(a) |
As a community of Christians who acknowledge Jesus Christ as Lord and Saviour, we affirm our belief in the following Doctrinal Basis of the College—
(i) |
The unity and Trinity of God, eternally existing in three coequal Persons, the Father, the Son and the Holy Spirit. |
(ii) |
God the Creator and Preserver of all things, who created man, male and female, in His own image and gave them dominion over the earthly creation. |
(iii) |
The deity and humanity of God the Son, the Lord Jesus Christ, who being very God, also became man, being begotten by the Holy Spirit, born of the Virgin Mary, was dead and buried, was raised bodily from the dead and ascended to the right hand of the Father; whose two natures continue eternally and inseparably joined together in one Person. |
(iv) |
The deity and personality of God the Holy Spirit and the necessity of His work to make the death of Christ effective to the individual sinner, granting him repentance toward God and faith in the Lord Jesus Christ; and in His ministry dwelling permanently within and working through the believer for godly life and service. |
(v) |
The divine and verbal inspiration and infallibility of the Scriptures of the Old and New Testaments as originally given and their absolute and final authority in all matters of faith and conduct. |
(vi) |
The universal sinfulness and guilt of human nature since the fall, rendering man subject to God's wrath and condemnation. |
(vii) |
The sacrificial death of our Representative and Substitute, the Lord Jesus Christ, the incarnate Son of God, by the shedding of whose blood atonement was made for the sin of the world whereby alone men are redeemed from the guilt, penalty and power of sin and death. |
(viii) |
The necessity of the new birth as the work of God the Holy Spirit, that men are saved by grace through faith, not by works. |
(ix) |
The eternal security of the believer, based entirely on the atoning work of the Lord Jesus Christ, whereby, as a born-again child of God, he has assurance of salvation and has the right to all the privileges of the sons of God. |
(x) |
The maintenance of good works and obedience to the revealed will of God in life and service, through which eternal rewards shall be received. |
(xi) |
The True Church, whose Head is the Lord Jesus Christ and whose members are all regenerate persons united to Christ and to one another by the baptism of the Holy Spirit. |
(xii) |
The observance of the ordinances of Baptism and the Lord's Supper as appointed by the Lord Jesus Christ. |
(xiii) |
The supreme mission of the church as being to glorify God and to preach the Gospel to every creature. |
(xiv) |
The personal, visible return of the Lord Jesus christ: - to catch up the Church which is the Body of Christ — I Thessalonians 4:16,17; - to reign a thousand years — Revelation 20:6. |
(xv) |
The literal resurrection of the body. The physical resurrection of all people. |
(xvi) |
The eternal blessedness of the saved and the eternal punishment of the lost. |
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(b) |
As a community of Christians who strive to grow into maturity in the knowledge of the Lord, we are committed to theological education which helps students to grow in the following dimensions of life—
(i) |
Growth in character, which involves a living relationship of faith and obedience to Jesus Christ, demonstrated through a godly lifestyle, conduct and attitude; |
(ii) |
Growth in knowledge, including knowledge of the Word of God, a comprehensive grasp of theological truths and an awareness of contemporary culture and thought, all essential for effective ministry in the churches; |
(iii) |
Growth in skills necessary for effective ministry including skills of preaching, teaching, evangelism and discipleship. |
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8. |
Objects of the College
The objects of the College shall be—
(a) |
to provide resources for university level education, either directly or in collaboration with other institutions of higher learning, for training Christian workers, especially pastors, teachers, evangelists, missionaries and other ministers of Jesus Christ;
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(b) |
to conduct research and encourage the conduct of research on church related topics in order to help multiply, strengthen and renew the churches in Africa;
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(c) |
to preserve, produce, process, transmit and disseminate knowledge pertaining to Christian thought and the churches in Africa;
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(d) |
to foster and promote within the students and the churches of Africa, an African Christian world view, which is firmly rooted in the Scriptures and incarnated in African culture;
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(e) |
to provide leadership in the development of African Christian thought, applying the biblical principles of Scripture and the contemporary cultural; social, religious, moral and political issues in Africa;
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(f) |
to stimulate missionary and evangelistic interest and involvement among the students and churches;
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(g) |
to promote the spiritual life of the students and churches through the study of Scripture and the exercise of prayer and worship;
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(h) |
to train students in their character, knowledge and skills so that they will—
(i) |
demonstrate a living relationship of faith and obedience to God; |
(ii) |
manifest a character that is exemplary before all men and consistent with the Word of God; |
(iii) |
practice a lifestyle that is well balanced and integrated, spiritually, physically, intellectually and socially; |
(iv) |
display a complete confidence in the authority and trustworthiness of Scripture; |
(v) |
relate to members of the community of Christians in a manner that is mutually edifying; |
(vi) |
demonstrate a practical working knowledge of Scripture; demonstrate a knowledge of biblical, historical and systematic theology and be able to relate this to other religions in Africa; |
(vii) |
identify and apply lessons of church history relevant to the African churches today; |
(viii) |
express the Christian faith through the perspective of contemporary African culture; |
(ix) |
display a comprehensive worldview, relating biblical truth to other areas of life and learning; |
(x) |
study the Scripture exegetically, interpreting the Word of God for himself/herself and applying it to the needs of the day; |
(xi) |
communicate the Word of God through preaching, teaching and other media; |
(xii) |
share the Gospel with people of diverse religious backgrounds, lead them to a personal faith in Jesus Christ and nurture them in the Word of God; |
(xiii) |
manifest a missionary concern and an understanding of how to plant churches in other cultures where Christ is not known. |
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9. |
Functions of the College
(1) |
The functions of the College shall be—
(a) |
to provide and advance theological education to appropriately qualified candidates leading to the award of degrees, diplomas, certificates and such other qualifications as the Governing Council shall from time to time determine, and in so doing, contribute to the training of Christian workers needed in church related ministries;
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(b) |
to provide such resources for university level education, training and research and for the establishment of departments, institutes and such other institutional arrangements as the Governing Council may determine for the purpose of enabling the College to fulfil its mission;
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(c) |
to determine who may teach, what may be taught, how it may be taught and who may be taught in the College;
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(d) |
to conduct examinations for, and grant degrees, diplomas, certificates and other awards of the College;
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(e) |
to provide an atmosphere for the spiritual, intellectual and social development of the students;
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(f) |
to play an effective role in the development and expansion of opportunities for those wishing to continue their theological education;
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(g) |
to carry out such other functions as may be permitted and approved by the Governing Council.
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(2) |
The College shall admit for study for degrees, diplomas, certificates and other awards of the College, such candidates as shall have been accepted by the Academic Council as having met the following qualifications—
(a) |
Academic qualifications as set out in the Statutes;
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(b) |
Personal qualifications expected of those contemplating Christian ministry, including testimony of conversion and faith in Jesus Christ, a sense of call to the Christian ministry, active involvement in Christian witness and church service. There should be evidence of recognition of these qualities and approval by the Church;
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(c) |
Acceptance of the College's Mission, Distinctives, and Philosophy.
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(3) |
Where a limited number of places is available in any one year, the College, in its selection of students for admission, shall have regard to the priority needs of the churches which it serves, as expressed by those churches, and especially the priority needs of the Africa Inland Church, its founder and sponsor.
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(4) |
Subject to subsection (3) above, the College shall be open to any student who, in the judgement of the Academic Council, meets the qualifications as stated in subsection (2) above without regard or preference to gender, ethnic origin, race or physical disability.
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10. |
Academic affiliation
The College by decision of the Governing Council may enter into such academic affiliations, consistent with the Charter, for the purpose of advancement of the objects of the College.
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11. |
Conferment of degrees, diplomas, certificates and other awards
(1) |
The College shall have power to confer degrees and grant diplomas, certificates or any other awards as may be provided for in the Statutes.
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(2) |
The College may, in accordance with such conditions as it may prescribe, confer any degree, or award any academic distinction, as an honorary degree or academic distinction, to a person who has rendered distinguished service in the advancement of ecclesiastical or theological endeavours, or who has otherwise, in the opinion of the Governing Council, rendered himself worthy of the degree or academic distinction.
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(3) |
The College may, under conditions it deems fit, award certificates, fellowships, scholarships, bursaries, prizes and other awards.
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12. |
Withdrawal of degrees, diplomas, etc., in certain cases
The Governing Council in consultation with the Academic Council may withdraw any degree, diploma, certificate or other academic qualification conferred or granted under Section 11, if subsequent upon such conferment or grant the Governing Council is satisfied that—
(a) |
The conferment or grant was contrary to any regulation prescribed under section 40(1)(c);
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(b) |
The qualification was obtained through fraudulent or other improper means.
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PART III – MEMBERSHIP AND GOVERNANCE OF THE COLLEGE
13. |
Membership of the College
(1) |
The membership of the College shall be—
(a) |
Members of the Central Church Council;
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(b) |
Chairperson of the Governing Council;
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(c) |
Members of the Governing Council;
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(k) |
Supervisor of Field Education;
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(o) |
Such members of the staff of the College or of any other body formally admitted into association with the College as the Governing Council may from time to time determine.
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(2) |
Each member of the College shall—
(a) |
profess personal faith in Jesus Christ as Lord and Saviour;
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(b) |
maintain a faithful testimony within the church;
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(c) |
satisfy the Academic Council and the Governing Council of the genuine nature of his or her faith in Christ, through a life of faith and good works according to the Scripture;
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(d) |
accept without reservation—
(i) |
the supreme authority of Scripture as God's Word, recognizing the divine, verbal inspiration of the Scriptures of the Old and New Testaments as originally given and their absolute and final authority in all matters of faith and conduct; |
(ii) |
the humanity and deity of the Lord Jesus Christ who, being God the Son, eternally existing as God in coequality with the Spirit in divine Unity and Trinity, became man, being begotten of the Holy Spirit, born of the Virgin Mary for our salvation; |
(iii) |
the universal sinfulness and guilt of human nature since the fall, rendering man subject to God's wrath and condemnation; |
(iv) |
the sacrificial death of our Representative and Substitute, the Lord Jesus Christ, by the shedding of whose blood, atonement was made for the sin of the world whereby alone men are redeemed from the guilt, penalty and power of sin and death; |
(v) |
the necessity of new birth as the work of God the Holy Spirit, that men are saved by grace through faith, not works. |
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(e) |
comply with the code of conduct and the Guide for Christian Living as specified in the Statutes.
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(3) |
Members of the Governing Council shall, in addition, meet the requirements of Section 16(4) and members of the Academic Council Management Board, all academic staff and administrative staff shall meet the requirements of Section 30(3).
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14. |
Governance of the College
The governance of the College shall be vested in the following persons and bodies—
(a) |
Central Church Council of the Africa Inland Church;
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(c) |
Chairperson of the Governing Council;
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15. |
Central Church Council of the Africa Inland Church
The Central Church Council shall exercise the following control over the College—
(a) |
appoint members of the Governing Council as is provided for by Section 16(2)(e);
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(b) |
appoint the Chairperson of the Governing Council;
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(c) |
approve the appointment of the Principal by the Governing Council;
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(d) |
monitor policies adopted for governing College practice to ensure their harmony with the Charter;
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(e) |
ensure, through the Principal, that the Mission, Distinctives, Philosophy and Objects of the College, are upheld by all members of the College;
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(f) |
undertake such other functions as may be provided for in the Statutes.
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16. |
Governing Council
(1) |
There shall be a Governing Council which shall be the supreme governing body with full authority to formulate and enforce policies governing the operation of the College subject to the provisions of the Charter.
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(2) |
The Governing Council shall consist of the following members—
(a) |
Chairperson of the Governing Council;
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(b) |
Chairperson of the Central Church Council (ex officio);
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(d) |
Deputy Principals (ex officio);
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(e) |
not less than ten and not more than fifteen members appointed by the Central Church Council as specified in the Statutes;
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(f) |
not more than three persons co-opted by the Governing Council for special services. A co-pted member shall serve for not more than four years.
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(3) |
With the exception of the appointment of the first members, members of the Governing Council appointed by the Central Church Council under subsection (2)(e) of this Section, shall be appointed for a term of four years with one half of the members retiring every two years. Members shall be eligible for appointment for no more than two consecutive terms. In the case of the appointment of the first members of the Governing Council under this subsection, one half shall be appointed for a four-year term and one half for a two-year term.
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(4) |
Each member of the Governing Council upon appointment, re-appointment or co-option, and before taking his or her place on the Governing Council, shall state in writing unconditional acceptance of the Mission, Distinctives, Philosophy and Objects of the College.
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(5) |
The Governing Council shall hold an annual meeting during each calendar year, on a date and at a place as decided by the Governing Council. At this annual meeting they shall approve the annual budget, among other business. At least one month's written notice of this meeting shall be given to members.
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(6) |
Ordinary meetings of the Governing Council shall be convened at least three times each year as specified in the Statutes.
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(7) |
A special meeting of the Governing Council shall be convened by the Chairperson when requested by a petition signed by one third or more of the members of the Governing Council, to deal with such business as is specified in the petition. At least two weeks written notice shall be given for a special meeting. Only the business specified in the petition calling for the meeting shall be dealt with at a special meeting.
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(8) |
A quorum shall ordinarily consist of half the members of the Governing Council. A quorum of at least two thirds of the members shall be required to deal with any business declared by the Chairperson, or determined by a simple majority of members present, to be a matter of policy.
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(9) |
At any meeting of the Governing Council, except in such special circumstances as may be prescribed in the Statutes, each member shall be entitled to one vote. The Chairperson shall be entitled to an original and to a casting vote.
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(10) |
The officers of the Governing Council shall be—
(a) |
Chairperson, appointed by the Central Church Council;
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(b) |
Vice-Chairperson, elected by the Governing Council from among its members;
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(c) |
Secretary, who shall be the person holding the office of Principal of the College in accordance with the Charter and Statutes;
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(d) |
Treasurer, elected by the Governing Council from among its members.
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(11) |
The Vice-Chairperson shall be elected for a four-year term by a majority vote of the Governing Council at an annual meeting. In the event of a vacancy occurring before the term of office is expired, the Governing Council, by a majority vote at an ordinary meeting of the Governing Council, shall elect a replacement to hold office for the remainder of the term of office.
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(12) |
The vice-Chairperson of the Governing Council shall perform such functions of the Chairperson of the Governing Council as are necessary to be performed during the absence or incapacity of the Chairperson.
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(13) |
The Treasurer shall be elected for a four-year term by a majority vote of the Governing Council at an annual meeting. In the event of a vacancy occurring before the term of office expires, the Governing Council, by a majority vote at an ordinary meeting of the Governing Council, shall elect a replacement to hold office for the remainder of the term of office.
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(14) |
The office of a member of the Governing Council shall become vacant—
(a) |
if, in the judgement of the Governing Council, he or she fails to comply with the Doctrinal Basis;
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(b) |
if the member resigns his or her office by writing a letter addressed to the Principal;
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(c) |
if the Governing Council is satisfied that a member is, by reason of physical or mental infirmity, or any other reason, unable to exercise the functions of the office;
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(d) |
if the member fails to perform the duties of office without valid reason as determined by the Governing Council;
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(e) |
if the member is guilty of gross misconduct as determined by the Governing Council;
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(f) |
if the member is absent for more than three consecutive meetings of the Governing Council without having obtained leave of absence from the Governing Council;
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(15) |
A two-thirds majority vote at a meeting attended by at least two-thirds of the membership of the Governing Council shall be required to pass a resolution declaring vacant, the office of a member of the Governing Council on the grounds stipulated in clauses (c), (d), or (e) of subsection (14) of this Section.
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(16) |
In the event of a vacancy occurring among the members of the Governing Council appointed by the Central Church Council, the latter may appoint a person to fill the vacancy for the remainder of the term of the person originally appointed.
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(17) |
The duties of the officers of the Governing Council are as specified in the Statutes and as may be amended from time to time.
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17. |
Chairperson of the Governing Council
(1) |
The Central Church Council shall appoint a Chairperson of the Governing Council as specified in the Statutes.
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(2) |
The Chairperson of the Governing Council shall be the presiding officer of the Governing Council with such powers, privileges and functions as are provided for in the Statutes.
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(3) |
A person who is appointed Chairperson of the Governing Council, shall hold office for a period of four years, but shall be eligible for re-appointment subject to such terms and conditions as specified in the Statutes and as may be amended from time to time.
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18. |
Functions of the Governing Council
(1) |
The Governing Council shall be the supreme governing body of the College responsible for developing and maintaining policies that ensure the fulfilment of the Mission of the College in harmony with its Philosophy, Distinctives and Objects and shall act and exercise all legal rights, powers and privileges of the College as is provided for in the Charter.
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(2) |
Without prejudice to the generality of subsection (1), the Governing Council shall have power to—
(a) |
take such action as may be needed to maintain the distinctive evangelical character of the College as expressed in the Philosophy of the College;
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(b) |
frame policies that will ensure the fulfilment of the Mission, Distinctives and Objects of the College;
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(c) |
appoint the Principal, subject to the approval of the Central Church Council;
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(d) |
appoint academic and administrative staff in consultation with the Principal and the Africa Inland Church, on such terms and conditions as are provided for in the Statutes;
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(e) |
appoint, on the recommendation of the Principal, the Deputy Principals and such other officers as may be specified in the Statutes;
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(f) |
appoint such committees as it deems desirable for the effective fulfilment of its function and, subject to the Charter and the Statutes, set the terms and conditions under which such committees shall operate;
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(g) |
approve the courses of study to be followed in the College on the recommendation of the Academic Council and subject to the approval of the Commission for Higher Education;
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(h) |
set and monitor the financial policy of the College;
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(i) |
establish, in consultation with the Academic Council, policies for the admission of students, their physical and spiritual welfare, their maintenance, and their discipline;
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(j) |
provide direction and approval for the expansion and development of the College;
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(k) |
authorise academic affiliations in consultations with the Academic Council as is provided for by the Charter and the Statutes;
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(l) |
subject to the approval of the Central Church Council, and in consultation with the Academic Council, establish such associations with other theological institutions, churches or other Christian organisations as will advance the interests of the College;
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(m) |
as individual members of the Body of Christ, assume the responsibility of supporting the College, making known the needs of the College and assisting in identifying students for the College;
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(n) |
receive on behalf of the College donations, endowments, gifts, grants or other monies and make disbursements thereof;
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(o) |
direct the raising and securing of financial support for the College in a manner (p) consistent with the Charter;
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(p) |
approve the annual budget;
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(q) |
set rates of College fees and charges;
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(r) |
create College scholarships, bursaries and other awards and to determine in consultation with the Academic Council, the conditions and modalities to govern them;
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(s) |
establish, in consultation with the Academic Council and with the approval of the Commission for Higher Education, institutes, departments, faculties, schools and programmes of study or research;
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(t) |
establish, in consultation with the Academic Council, policies governing the conduct and discipline of the staff of the College;
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(u) |
nominate, in consultation with the Academic Council, persons for appointment to the Governing Council by the Central Church Council.
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(3) |
The Governing Council may delegate any of its powers to the Academic Council, or to committees of the Governing Council consisting of such members as it may deem fit. In the exercise of such delegated powers, the Academic Council or committee shall comply with the Statutes, as well as any conditions that the Governing Council may impose and shall be at all times answerable to the Governing Council.
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(4) |
The Governing Council may establish such advisory bodies as it deems fit to advise it in the exercise of its functions. Any such advisory body shall comply with the Statutes and any special conditions that the Governing Council may impose. It shall be answerable to the Governing Council at all times.
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19. |
Executive Committee of the Governing Council
(1) |
There shall be an Executive Committee of the Governing Council which shall consist of—
(a) |
Chairperson of the Governing Council, as its Chairperson;
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(d) |
Principal, as its secretary;
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(f) |
Two other members elected by the Governing Council from among its own number;
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(g) |
Such other persons as are specified in the Statutes.
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(2) |
The duties of the Executive Committee shall be—
(a) |
act on behalf of the Governing Council on matters of policy as may be necessary between meetings of the Governing Council;
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(b) |
ensure that the decisions of the Governing Council are implemented; initiate proposals on all matters related to the College, for Governing Council approval.
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(3) |
A quorum shall consist of at least one-half of the members of the Executive Committee.
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(4) |
All decisions of the Executive Committee shall be reported to the Governing Council at the earliest opportunity and shall be subject to review by the Governing Council.
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(5) |
The Executive Committee shall be convened by the Chairperson in consultation with the Principal. Members shall be given as much notice as is practicable for all meetings of the Executive Committee.
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20. |
Academic Council
(1) |
There shall be an Academic Council which shall consist of—
(a) |
Principal, as its Chairperson;
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(b) |
Deputy Principal for Academic Affairs, as its Secretary;
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(c) |
Deputy Principal for Administration;
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(i) |
Supervisor of Field Education;
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(j) |
other members of the academic staff or other officers of the College as specified in the Statutes.
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(2) |
The Academic Council shall have the following functions and exercise the followin powers in relation to the academic affairs of the College—
(a) |
make recommendations to the Governing Council on policies relating to the day to day functioning of the College, including the conduct and discipline of the students and staff of the College;
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(b) |
promulgate such regulations as may be needed to ensure the implementation of policies enacted by the Governing Council;
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(c) |
propose to the Governing Council for approval, short term and long ter academic plans and their modifications based on a continuous evaluation;
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(d) |
develop, evaluate and propose to the Governing Council modifications in the educational and research programmes of the College consistent with the Mission, Distinctives, Philosophy and Objects of the College;
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(e) |
appoint external examiners, on the recommendation of the academic departments;
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(f) |
receive reports from external examiners and take such action on such reports as it deems appropriate;
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(g) |
approve the academic calendar;
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(h) |
promote and supervise the development of the library and the archives;
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(i) |
prepare and implement plans for the professional development of academic staff;
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(j) |
make proposals to the Governing Council for the enactment, amendment or repeal of Statutes on academic, disciplinary, social, and other policies affecting the well-being of the College or any of its members;
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(k) |
receive reports on the operation of any aspect of the academic programmes of the College or related matters;
|
(l) |
receive and approve examination results;
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(m) |
approve candidates for degrees, diplomas and other awards;
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(n) |
resolve disputes on academic matters arising within the College, in accordance with the Charter and the Statutes, or, where a dispute concern matters of policy beyond its designated powers, to refer the matter to the Governing Council for resolution;
|
(o) |
evaluate academic programmes of the College and to be responsible for supervising the implementation and development of such programmes;
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(p) |
recommend to the Governing Council appointments and promotions of academic staff;
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(q) |
develop regulations, consistent with the Charter and Statutes, for the admission of students, progression to the next years of study, the award of degrees, diplomas and certificates;
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(r) |
make submissions to the Governing Council on the financial requirements for the effective functioning of the College in its academic training, research and related activities;
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(s) |
make and enforce regulations governing such matters as are within its powers in accordance with the Charter and the Statutes;
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(t) |
administer scholarships; fellowships and other academic awards;
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(u) |
appoint and delegate its powers, subject to the Charter and Statutes, to such committees and other bodies as are necessary for the achievement of the Objects of the College.
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21. |
Management Board
(1) |
There shall be a Management Board of the College which shall consist of—
(a) |
The Principal, as it Chairperson;
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(b) |
Deputy Principal for Administration, as its Secretary;
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(c) |
Deputy Principal for Academic Affairs;
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(f) |
not more than three persons co-opted by the Management Board;
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(g) |
such other members as may be provided for by the Statutes.
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(2) |
The Management Board shall have the following functions and duties in relation to the day-to-day management of the College—
(a) |
ensure efficient management of the personnel, facilities and finances of the College;
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(b) |
plan for the development of the College's resources and facilities in close consultation with the Academic Council;
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(c) |
be responsible for the preparation of the annual estimates of finance in close consultation with the Academic Council;
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(d) |
recommend to the Academic Council and the Governing Council, management policies and strategies that will advance the objects of the College;
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(e) |
Perform such other duties as may be prescribed in the Statutes from time to time.
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PART IV – MANAGEMENT OF THE COLLEGE
22. |
Principal
(1) |
The Governing Council shall with the approval of the Central Church Council, appoint a Principal who shall be the Chief Executive and who in that capacity, shall be the academic and administrative head of the College.
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(2) |
The Principal shall be appointed on such terms and conditions of service as may be determined by the Governing Council and prescribed in the Statutes and as may be amended from time to time.
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(3) |
The Principal shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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23. |
Deputy Principals
(1) |
The Governing Council, in consultation with the Principal, shall appoint a Deputy Principal for Academic Affairs and a Deputy Principal for Administration in accordance with the Statutes.
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(2) |
Under the direction of the Principal, the Deputy Principal for Academic Affairs shall be responsible for the academic affairs of the College as may be prescribed in the Statutes.
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(3) |
The Deputy Principal for Academic Affairs shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(4) |
Under the direction of the Principal, the Deputy Principal for Administration shall be responsible for the general administration and planning of the College and shall have suc duties as may be prescribed in the Statutes.
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(5) |
The Deputy Principal for Administration shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(6) |
The Deputy Principals shall perform duties and hold office upon the terms and conditions specified in the Charter and Statutes.
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24. |
Finance Officer
(1) |
The Governing Council, in consultation with the Principal, shall appoint a Finance Officer, who shall, under the direction of the Principal, be responsible for the financial management of the College.
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(2) |
The Finance Officer shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(3) |
The Finance Officer shall be appointed on such terms and conditions of service as may be determined by the Governing Council and prescribed in the Statutes as may be amended from time to time.
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25. |
Directors
(1) |
In consultation with the Principal, the Governing Council shall appoint Directors for specific areas of College programmes considered significant as may be prescribed in the Statutes.
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(2) |
A Director shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(3) |
Directors shall perform such duties and hold office upon such terms and conditions of service as may be prescribed in the Statutes.
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26. |
Dean of Students
(1) |
In consultation with the Principal, the Governing Council shall appoint a Dean of Students on such terms and conditions of service as may be prescribed in the Statutes.
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(2) |
Under the direction of the Deputy Principal for Academic Affairs, the Dean of Students shall be responsible for the spiritual, physical and social welfare of the students.
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(3) |
The Dean of Students shall be appointed for a term of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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27. |
Registrar
(1) |
In consultation with the Principal, the Governing Council shall appoint a Registrar on such terms and conditions of service as may be prescribed in the Statutes.
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(2) |
Under the direction of the Deputy Principal for Academic Affairs, the Registrar shall be responsible for the maintenance of all student records.
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(3) |
The Registrar shall be appointed for a term of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(4) |
The Registrar shall perform such duties and hold office upon such terms and conditions of service as may be prescribed in the Statutes.
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28. |
Librarian
(1) |
In consultation with the Principal, the Governing Council shall appoint a Librarian on such terms and conditions of service as may be prescribed in the Statutes.
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(2) |
Under the direction of the Deputy Principal for Academic Affairs, the Librarian shall be responsible for the management and direction of the College library.
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(3) |
The Librarian shall be appointed for a term of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(4) |
The Librarian shall perform such duties and hold office upon such terms and conditions of service as may be prescribed in the Statutes.
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29. |
Supervisor of Field Education
(1) |
In consultation with the Principal, the Governing Council shall appoint a Supervisor of Field Education on such terms and conditions of service as may be prescribed in the Statutes.
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(2) |
The Supervisor of Field Education shall be responsible for the management, planning and direction of the field education programme as may be prescribed in the Statutes.
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(3) |
The Supervisor of Field Education shall be appointed for a term of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
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(4) |
The Supervisor of Field Education shall perform such duties and hold office upon such terms and conditions of service as may be prescribed in the Statutes.
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30. |
Staff of the College
(1) |
The academic staff of the College shall consist of the Principal, the Deputy Principal for Academic Affairs, Heads of Departments, Librarian, Directors, Dean of Students, Supervisor of Field Education and all members of staff engaged in teaching and research.
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(2) |
The administrative staff of the College shall consist of the Principal, the Deputy Principal for Administration, Registrar, Finance Officer, and such other administrative officers who by their terms of service are designated administrative staff.
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(3) |
Each member of the academic staff, the administrative staff, the Academic Council and the Management Board shall affirm annually—
(a) |
his or her unreserved acceptance of the Doctrinal Basis and the amplification of the Doctrinal Basis as detailed in the Statutes, by signing the appropriate schedule to the Statutes. The Principal shall be responsible to ensure this is done and for reporting accordingly to the annual meeting of the Governing Council.
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(b) |
notwithstanding clause (a) above, a person who has reservations on one or more points about the wording of the Doctrinal Basis or its amplification in the Statutes, may elect to sign an alternative form as is provided for by the Statutes, indicating a wholehearted acceptance of the Doctrinal Basis and its amplifications in the Statutes, excepting only for such reservations as are clearly stated. The Governing Council may, at its discretion, and after consultation with the Academic Council, accept this alternative form provided that—
(i) |
the stated reservation concerns only Section 7(a)(xiv) dealing with Doctrinal Basis together with any amplification of this clause in the Statutes; or |
(ii) |
in the case of reservations that concern any other clause of Doctrinal Basis or its amplification in the Statutes, the Governing Council is satisfied that the stated reservation does not contradict or diminish the intended meaning of the Doctrinal Basis and does not compromise the College's Mission, Distinctives and Objects in matters of faith; |
(iii) |
the person stating such reservations undertakes in writing that he or she will not use his or her position in the College, either directly or indirectly, to propagate any teaching that is contrary to the Doctrinal Basis. |
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31. |
Performance of duties during the incapacity of an office holder
In the event of the incapacity of an office holder, the following provisions shall be made—
(1) |
The duties and functions of the Principal shall be performed by one of the Deputy Principals appointed by the Governing Council. In the event that the Governing Council cannot meet, then the appointment shall be made by the Executive Committee. In the case of emergency, the Chairperson of the Governing Council, or in his absence, the vice-Chairperson, shall appoint one of the Deputy Principals to perform the duties of the Principal, subject to ratification by the Executive Committee.
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(2) |
In the event of the simultaneous incapacity of the Principal and both Deputy Principals, the acting appointments shall be made by the Chairperson of the Governing Council, in consultation with the Central Church Council.
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(3) |
In the event of the incapacity of any other office holder, other than the Principal, the appointments shall be done by the Principal, subject to reporting his action to the Governing Council.
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(4) |
In this Section, "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concerned. "Incapacity" may be for long periods or short periods as defined in the Statutes.
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32. |
Student Council
(1) |
There shall be a Student Council, elected annually by the student body as is provided for in the Statutes.
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(2) |
The functions of the Student Council shall be—
(a) |
to oversee and plan, in consultation with the Academic Council, student activities that promote the spiritual and social well-being of all students;
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(b) |
to promote harmonious communal life among the students, encouraging them to care for one another, by example as well as by word, looking to the interests of others rather than their own;
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(c) |
to draw to the attention of the appropriate authority, where necessary, special needs of particular students;
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(d) |
to offer suggestions to the Academic Council on matters affecting the well being of students.
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(3) |
The Student Council shall be subject to the authority of the Principal and the Academic Council in all matters.
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33. |
Alumni Association
(1) |
There shall be an Alumni Association of the College which shall consist of the graduates and such other persons as may be provided for in the Statutes.
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(2) |
The Alumni Association shall have the right to meet and discuss any matter relating to the College and to transmit resolutions thereon to the Academic Council through the Principal. If not satisfied with the response of the Academic Council, the Alumni Association may subsequently transmit a resolution to the Governing Council, after having advised the Academic Council through the Principal of its intention to do so.
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(3) |
The Alumni Association shall exercise such other powers and functions as may be provided for in the Statutes.
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PART V – FINANCIAL PROVISIONS
34. |
College Financial Year
(1) |
The financial year of the College shall be the period of twelve months commencing on such day in each year as the Governing Council may determine.
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(2) |
In the event of any change in the financial year, and for the purposes of the transition from the old fmancial year to a new financial year consequent upon the change, the transitional period, whether more or less than twelve months, shall be deemed for the purposes of the Charter to be a financial year.
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35. |
Sources of College Funds
The College is a non-profit educational institution, which continually seeks God for the provision of its needs. The College neither seeks, nor accepts, any funds which would be for any purpose contrary to the Mission, Distinctives and Philosophy of the College.
Subject to the above provisions, the funds of the College shall be derived from—
(b) |
boarding and catering charges;
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(c) |
endowments, gifts and trusts;
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(d) |
income from College auxiliary enterprises and investments;
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(e) |
such other sources as the College may from time to time identify.
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36. |
Investment of College funds
(1) |
The Governing Council may invest any of the funds of the College in securities, bonds, trusts and such other types of investment in which, for the time being, the Governing Council may by law invest, or in such manner as the Governing Council may from time to time approve for that purpose.
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(2) |
The Governing Council may place on deposit with such banks or financial institutions as it may determine, any funds not immediately required for use by the College.
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(3) |
The Governing Council may create or appoint other corporate bodies to manage its investments, properties, pensions etc.
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37. |
Annual Budget
(1) |
Three months before the commencement of a financial year, the Governing Council shall cause to be prepared an annual budget of estimates of revenue and expenditure of the College for that financial year.
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(2) |
The annual budget shall make provision for all the estimated expenditure of the College for the financial year concerned, and in particular shall provide for—
(a) |
payment of salaries, allowances and other charges in respect of the staff of the College;
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(b) |
payment of any pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the College;
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(c) |
funding of the cost of teaching, research and extension activities of the College;
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(d) |
funding of the cost of scholarships payable out of the funds of the College;
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(e) |
funding of the development of buildings and other physical plants;
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(f) |
proper maintenance of the buildings and grounds of the College;
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(g) |
maintenance, repair and replacement of the equipment and other property of the College.
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(3) |
The annual budget shall be approved by the Governing Council before the commencement of the financial year.
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(4) |
No expenditure shall be incurred for the purposes of the College, except in accordance with the annual estimates approved under subsection (3) above, or in pursuance of an authorisation of the Governing Council.
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38. |
Accounts and Audit
(1) |
The Governing Council shall cause to be kept proper books and records of accounts of the income and expenditure, assets and liabilities of the College.
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(2) |
The accounts of the College shall be audited annually by a reputable firm of auditors appointed by the Governing Council.
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(3) |
Within a period of three (3) months from the end of each financial year, the Principal shall submit to the Governing Council audited accounts of the College.
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PART VI – MISCELLANEOUS PROVISIONS
39. |
The Common Seal and the Signification of Documents
(1) |
The common seal shall be kept in such custody as the Governing Council may direct and shall be used upon the order and direction of the Governing Council.
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(2) |
The common seal shall be authenticated by the signature of the Principal, or of any other member of the Governing Council duly authorised by the Governing Council in that behalf, and one of the Deputy Principals.
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(3) |
The common seal when affixed to any document and duly authenticated under this Section, shall be judicially and officially noticed, and unless and until the contrary is proven, any necessary order or authorisation of the Governing Council under this Section shall be presumed to have been duly given.
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(4) |
All documents other than those required by law to be under seal, made on behalf of the Governing Council, and all decisions of the Governing Council may be signified under the hand of the Chairperson and the Principal or a Deputy Principal or any other member of the Governing Council duly authorised by the Governing Council in that behalf.
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40. |
Statutes
(1) |
In the performance of its functions under the Charter, the Governing Council shall, subject to the Universities Act, make Statutes generally as required for the governance, control, and administration of the College, for the better carrying into effect of the purposes of the Charter, and for all purposes connected therewith, and in particular for—
(a) |
the regulation, procedure and conduct of the affairs of the Governing Council;
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(b) |
the establishment of departments and institutes of the College;
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(c) |
the regulations for awarding degrees, diplomas, certificates and other academic awards;
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(d) |
the conduct of examinations;
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(e) |
prescribing fees and boarding charges;
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(f) |
determining the terms and conditions of service, including appointments, dismissals, remuneration and other benefits, of members of the staff of the College;
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(g) |
the constitution and procedures of the meetings of the Governing Council, the Academic Council, the Management Board, the Executive Committee, and other committees of the Governing Council and the College;
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(h) |
prescribing rules and regulations for the College staff, students and the Student Council;
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(i) |
prescribing procedures, requirements, and responsibilities relating to staff positions;
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(j) |
the composition and procedures of meetings of the Alumni Association;
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(k) |
providing for or prescribing anything which, under the Charter, may be provided for or prescribed by the Statutes.
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(2) |
No Statute shall be valid if it contravenes or is in conflict with any provision of the Charter.
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(3) |
Notwithstanding the provisions of subsection (1) above, the Governing Council shall not make, amend, or revoke any Statutes relating to the functions or privileges of any officer or office established in the College without first ascertaining the opinion of the Academic Council.
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(4) |
Statutes shall only be made by a resolution passed at one meeting of the Governing Council by at least three-quarters of the total membership of the Governing Council, and confirmed at a subsequent meeting not less than one, nor more than twelve months thereafter.
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(5) |
The Governing Council may amend or revoke the Statutes on the vote of a three-fourths majority of those present and voting at a meeting of the Governing Council of which notice has been given in accordance with subsection (6) of this Section, such majority being not less than half of the total membership of the Governing Council.
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(6) |
Notice of any proposed amendment to the Statutes shall be given in writing to all members of the Governing Council at least six months prior to its consideration by the Governing Council. The notice shall specify the time and place of the meeting of the Governing Council at which the proposed change is to be considered.
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41. |
Protection of Name
(1) |
Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies, or business names shall accept for such registration, any name which includes together with the words "Theological College", the word "Scott", unless the application for such registration is accompanied by the written consent of the Governing Council.
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(2) |
Any person, who except with the written consent of the Governing Council, uses the words “Theological College” together with the word “Scott” 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 twenty thousand shillings or to imprisonment for a period not exceeding six months or to both such fine and imprisonment:
Provided that nothing in this subsection shall be construed as preventing the bonafide use by any person of any title in pursuance of the grant to him of any degree, diploma, or certificate of the College.
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42. |
Variation and Revocation
This Charter may be varied or revoked in accordance with section 16 of the Universities Act.
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THE CHARTER TO ESTABLISH UNITED STATES INTERNATIONAL UNIVERSITY
ARRANGEMENT OF PARAGRAPHS
PART I – PRELIMINARY
PART II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
3. |
Establishment and Incorporation of United States International University
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4. |
Mission, Philosophy and Objectives
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6. |
Conferment of Degrees, Diplomas, Certificates and Other Awards
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11. |
The Board of Directors
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PART III – MEMBERSHIP OF THE UNIVERSITY
14. |
The Management council
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16. |
The Student Affairs Council
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17. |
The Alumni Association
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19. |
The Deputy Vice-Chancellor for Academic Affairs
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20. |
The Deputy Vice-Chancellor for Institutional Development
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21. |
The Deputy Vice-Chancellor for Finance and Administration
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22. |
The Deputy Vice Chancellor for Student Affairs
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23. |
Performance of Duties during the Incapacity of the Vice-Chancellor and other Senior Managers
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PART V – FINANCIAL PROVISIONS
24. |
Financial Year, Audit and Budget
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PART VI – MISCELLANEOUS PROVISIONS
26. |
Performance of Duties during the Incapacity of an Office Bearer
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28. |
Variation and Revocation of Charter
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THE CHARTER TO ESTABLISH UNITED STATES INTERNATIONAL UNIVERSITY, 1999
WHEREAS the United States International University, San Diego, California, U.S.A., the proprietors of United States International University, situated in the Republic of Kenya, wishes to establish an institution in the name of United States International University;
AND WHEREAS the said United States International University has applied to the Commission for Higher Education for the grant of charter in the manner prescribed under the Universities Act;
AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of United States International University are consistent with the advancement of university education in Kenya;
AND WHEREAS the Commission for Higher Education is also satisfied that the United States International University has complied with the provisions of the Act, and the Universities Rules, 1989;
AND WHEREAS the Commission for Higher Education has submitted a draft charter, the text whereof is annexed hereto, to the Minister for Education on the said institution, and Minister is satisfied that United States International University be granted the charter;
AND WHEREAS the Minister has submitted the charter to me with recommendations thereon;
AND WHEREAS I am satisfied that the granting of the charter will be of benefit to the advancement of university education in Kenya;
NOW WHEREFORE, by these presents, be it known that in exercise of the powers conferred upon me by section 12 of the Universities Act, I Daniel Toroitich arap Moi, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, grant the charter annexed to United States International University.
PART I – PRELIMINARY
1. |
Short title
This Charter may be cited as the United States International University Charter, 1999.
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2. |
Interpretation
In this Charter—
"Academic employees" means all employees on academic terms of service and includes faculty;
"Act" means the Universities Act, (Cap. 210B);
"Board" means the Board of Directors of USIU established under section 11;
"Chancellor" means the Chancellor of USIU referred to in section 12;
"Charter" means the Charter of USIU;
"Commission" means the Commission of Higher Education, which is the accrediting body for higher education institutions in Kenya, established by the Universities Act (Cap. 210B);
"Faculty" means all teaching staff of USIU;
"Faculty Senate" means the institution established under section 13;
"Satellite Campus" means an extension centre established by USIU after approval of the Board and the Commission;
"Statutes" means the operating rules and procedures enacted by the Board for the governance of USIU;
"Student" means the person registered for the purpose of obtaining a qualification of USIU;
"Student Affairs Council" means the institution established under section 16;
"Trustees" means the Board of Trustees established under section 10;
"USIU" means the United States International University established under section 3;
"Vice-Chancellor" means the chief academic and administrative officer of USIU as is established under section 18.
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PART II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
3. |
Establishment and Incorporation of United States International University
(1) |
There is established a university to be known as United States International University, hereinafter referred to as USIU, which shall be constituted in accordance with this Charter.
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(2) |
The USIU shall, through the Board and in consonance with this Charter, exercise overall responsibility over its governance and future development.
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(3) |
The University shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name be capable of—
(a) |
taking, purchasing or otherwise acquiring, holding, charging, and disposing of movable and immovable property;
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(b) |
borrowing or lending money;
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(d) |
entering into contract with the Government of Kenya, other institutions and individuals.
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(e) |
receiving bequests and gifts which shall be used only for the purposes stated by the person or persons making such bequests or gifts; and
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(f) |
doing or performing all such other transactions or acts for the furtherance of the provisions of this Charter, which may be lawfully done or performed by a body corporate.
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(4) |
Upon the coming into effect of this Charter the agreement of January, 1970, executed between USIU on the one part and the Government of the Republic of Kenya on the other part shall cease to have effect:
Provided that any rights and liabilities accruing thereunder shall continue to have full force and effect to the extent consistent with this Charter to bind USIU and the said Government, respectively.
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(5) |
The business and property of the body corporate shall be managed and controlled by the Board, who shall exercise all the powers of the body corporate as may be provided by this Charter or permitted by applicable law in Kenya.
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4. |
Mission, Philosophy and Objectives
(1) |
The University’s philosophy is based on the concept of global understanding and co-operation through education. As such, its mission is to promote the discovery and application of knowledge, the acquisition of skills, and the development of intellect and character in a manner, which prepares students to contribute effectively and ethically as citizens of a changing and increasingly technological world.
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(2) |
The mission is achieved through selected high quality under-graduate and graduate programmes that result in the following objectives:
(a) |
Higher Order Thinking – The ability to collect, analyse, and evaluate information and to formulate conclusions. Students develop and demonstrate the ability to think critically, analytically, and creatively through active participation in learning, qualitative and quantitative analysis and research.
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(b) |
Literacy - Competence in oral, written, quantitative, and technological skills. Students develop and demonstrate competence in oral and written communication as well as scientific, quantitative and technological literacy through written and verbal assessments
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(c) |
Global Understanding and Multicultural Perspective - Awareness, knowledge and appreciation of both the diversity and commonality of cultures. Students acquire these perspectives through formal study of language, history, literature, and the arts through working, study and living co-operatively in a racially, ethically and culturally diverse environment. Further, students acquire an understanding of economic, historical, political, geographical and environmental relationships on a global basis.
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(d) |
Preparedness for Career - Mastery of a field of knowledge and its multicultural and multinational application. Such mastery is accomplished through both formal study and various experiential forms of learning such as internships and field experiences. As part of their growth and development, students formulate and articulate the ethical standards which will guide their professional and personal lives.
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(e) |
Community service – A sense of being a part of a community and desire to be service to it. Students are given opportunities to participate in community service, citizenship, or social action projects or activities.
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(3) |
This mission is carried out in an environment which encourages intellectual and scholarly development; fosters an openness to a wide range of ideas, cultures and people; and enhances personal growth.
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5. |
Functions
(1) |
The functions of USIU shall be—
(a) |
to establish and maintain an educational institution offering courses of instruction beyond secondary schools and conduct courses of study, laboratory school, extension courses and ancillary services as found in universities;
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(b) |
to determine the qualifications and eligibly of persons from the Republic of Kenya or elsewhere for baccalaureate and graduate studies;
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(c) |
to determine who may teach, what may be taught and how it may be taught;
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(d) |
to conduct examinations for, and to grant degrees, diplomas and other awards of USIU and its seal pursuant to approval of the Board;
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(e) |
to provide adequate equipment and facilities for a high quality education, such as library resources, laboratories, research facilities, classrooms and buildings to support various curricula;
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(f) |
to formulate rules and procedures for execution of USIU’s programmes and plans which have been approved by the Board;
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(g) |
to divide the courses of instruction of USIU into departments, divisions, schools or colleges for the better presentation of specialized subject matter to students;
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(h) |
to maintain a record of its proceedings;
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(i) |
to revise or discontinue existing programmes as well as to examine and approve proposals for colleges, schools, departments, degree courses or subjects of study subject to necessary review by appropriate academic committees and approval by the Chancellor, the Board and the Commission for Higher Education; and
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(j) |
to establish academic linkages.
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(2) |
USIU shall be open to any student irrespective of background, nationality, race, religion, sex or socio-economic status who desires a high quality education, meets the criteria for admission as established by the University, and who is willing to co-operate with the policies of USIU and be comfortable within its atmosphere.
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(3) |
USIU may, with the approval of the Board and the Commission, establish satellite campuses. Satellite campuses are subject to the direction and supervision of USIU and the Board.
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6. |
Conferment of Degrees, Diplomas, Certificates and Other Awards
(1) |
Subject to the provisions of this Charter, USIU shall have power to—
(a) |
confer the degrees of bachelor, master, doctor and such other degrees as may be provided for in the statutes following approval by the Board and the Commission;
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(b) |
grant diplomas, certificates and other awards;
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(c) |
confer an honorary degree or academic distinction which the University may wish to confer or award upon a person who has rendered distinguished service in the advancement of any branch of learning or cultural accomplishment or who has otherwise rendered himself worthy of such a degree or academic distinction; and
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(d) |
revoke the degree of bachelor, master, doctor and such other degrees and awards as may be provided for in the statutes for appropriate reasons upon approval of the Board.
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7. |
The Common Seal
(1) |
The common seal of USIU shall be kept in such custody as the Board may direct and shall be used upon the order and direction of the Board, the Chancellor or the Vice-Chancellor.
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(2) |
The common seal of USIU shall be authenticated by the signature of the Chancellor, the Vice-Chancellor or a nominee of the Chancellor.
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(3) |
The common seal of USIU when affixed to any document and duly authenticated as provided for under this section shall be judicially and officially noticed and, unless and until the contrary is proved, any necessary order or authorization of the Board or the Chancellor under this section shall be presumed to have been duly given.
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8. |
Membership
The members of the University shall be—
(e) |
the Deputy Vice-Chancellor for Academic Affairs;
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(f) |
the Deputy Vice-Chancellor for Finance and Administration;
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(g) |
the Deputy Vice-Chancellor for Institutional Development;
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(h) |
the Deputy Vice-Chancellor for Student Affairs;
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(i) |
the Academic Dean of each School or College;
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(j) |
the Faculty of the University;
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(m) |
such other members of staff of the University, the alumni, or any other body formally admitted into association with the University.
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9. |
Governance
(1) |
The governance of the University shall be vested in the following persons and bodies —
(g) |
the Student Affairs Council; and
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10. |
The Trustees
(1) |
USIU shall have a Board of Trustees consisting of all members of the Board of Trustees of the University known as the United States International University being a company incorporated with limited liability in accordance with sections 5110 and 5111 of the Corporations Code of the State of California in the United States of America.
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(2) |
The Trustees shall from time to time appoint a Board of Directors to exercise powers specified in section 11 of this Charter.
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(3) |
The Board of Trustees shall be incorporated and registered under the Trustees (Perpetual Succession) Act, (Cap. 164).
Provided that the Board of Trustees shall not exercise any of its functions under this Charter unless it is, and continues to be, so registered.
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11. |
The Board of Directors
(1) |
There shall be a Board of Directors consisting of at least seven, and at most fifteen members, one third of whom shall be residents of Kenya.
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(2) |
The Chancellor and the Vice-Chancellor of the University shall be ex officio members of the Board.
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(3) |
Board members shall be appointed by the Trustees and shall serve for a term of three (3) years and shall then retire but shall be eligible for re-election.
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(4) |
Officers of the Board will include a chairman, and vice-chairman, who shall be elected for annual terms by the Board from among the Board and may be re-elected at the expiry of their term of office. Elections will be held at the official annual meeting of the Board.
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(5) |
The Board may, by statutes, establish such as committees as are necessary for the efficient discharge of the education functions of the University.
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(6) |
In lieu of committees, the Board shall act as a committee of the whole.
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(7) |
In addition to the annual meeting which shah he held in Nairobi at a time and place determined by the Board, the Board may meet at other times upon request by the chairman. The specific time and place of the meetings will be determined by the chairman with the concurrence of a majority of the Board members. Meetings may be conducted by means of electronic communications if a quorum is present and the members may hear each other.
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(8) |
The quorum necessary for the transaction of the business of the board shall be a simple majority.
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(9) |
The chairmen of the Faculty Senate, Staff Council, Student Affairs Council, and Alumni Association may attend Board meetings and be on the agenda for the purpose of reporting to the Board the activities and interests of their respective organizations. The Board may, however, go into executive session when, in their judgement, that is necessary. The chairman will not participate in the executive sessions.
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(10) |
The Board of Directors shall have and exercise the following functions—
(a) |
be responsible for the quality and integrity of the University;
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(b) |
establishing broad institutional policies and delegating the implementation and management of such policies to the administration;
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(c) |
approval of the University’s mission and academic programmes;
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(d) |
approval of an annual budget for the University;
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(e) |
assuring that the type, and level of degrees offered are consistent with institutional purpose and are of satisfactory quality;
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(f) |
selection of an external audit firm and review of the annual fiscal audit of the University by such firm;
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(g) |
approving faculty recommended by the Vice-Chancellor for tenure;
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(h) |
acting as the final appeal body for any tenured faculty member who is terminated from the University for cause;
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(i) |
approval, upon recommendation of the Vice-Chancellor, of terms and conditions of service of employees of USIU; and
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(j) |
approval, upon recommendation of the Chancellor, of the terms and conditions of service of the Vice-Chancellor.
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PART III – MEMBERSHIP OF THE UNIVERSITY
12. |
The Chancellor
The Chancellor shall be appointed by the Board of the Trustees of USIU and shall also serve as the Chief Executive "(officer)" of the University responsible for its overall management subject to the terms of service set out by the Board.
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13. |
The Faculty Senate
(1) |
There shall be a Faculty Senate of the University which shall consist of all members of the academic staff.
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(2) |
The Faculty Senate shall have and exercise the following functions—
(a) |
oversee all the academic programmes, quality and character of the institution and continuously review academic policy and performance;
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(b) |
conduct periodic reviews of the financial policies of the University and formulate recommendations for the Vice-Chancellor as to their adequacy in support of the educational needs of the institution;
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(c) |
review any changes by the Vice-Chancellor or the Board of Directors in the educational and financial policies of the University;
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(d) |
promote the general welfare of the University, its students, staff and faculty;
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(e) |
assure a sense of responsibility among the faculty for maintaining a superior level of instruction, research and professional activities;
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(f) |
address academic and instructional issues within the framework of the University’s educational direction and policy;
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(g) |
conduct studies and make recommendations on matters oh policy and procedure pertaining to the faculty.
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(3) |
The members of the Faculty Senate shall elect an executive committee from among its members to include a chairperson, vice-chairperson, secretary and treasurer.
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(4) |
The Faculty Senate shall have the right to meet and discuss any academic matters relating to the University and to transmit any resolutions to the Vice-Chancellor.
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(5) |
The following shall be the Standing Committees of the Faculty—
(g) |
Student Life and Activities; and
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(h) |
Administrative Performance Evaluation.
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(6) |
The Faculty Senate shall meet at least once a month.
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14. |
The Management council
(1) |
There shall be a Management Council consisting of the Vice-Chancellor, who shall be the chairperson: the Deputy Vice-Chancellor for Academic Affairs; the Deputy Vice-Chancellor, for Finance and Administration, the Deputy Vice-Chancellor for Institutional Development, the Deputy Vice-Chancellor for Student Affairs and any other senior officers appointed to the Management Council by the Vice-Chancellor in consultation with the Chancellor.
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(2) |
The Management Council shall manage the day-to-day operations of the University and shall—
(a) |
ensure efficient management of the personnel, programmes, facilities and finances of the University;
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(b) |
plan for the development and the needs of the University;
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(c) |
prepare the annual plans and budgets for submission to the Chancellor and the Board;
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(d) |
develop strategies for generation of revenue and fund raising to secure adequate financial support for the University;
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(e) |
implement rules and regulations governing the conduct and behaviour of students and staff of the University; and
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(f) |
perform any other functions or duties as may be prescribed by the Vice-Chancellor.
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15. |
The Staff Council
(1) |
There shall be a Staff Council of the University which shall consist of all non-academic employees of the University except the senior management staff.
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(2) |
The members of the Staff Council shall elect an Executive Committee from among its members, to include a chairperson, vice-chairperson, secretary and treasurer.
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(3) |
The Staff Council shall have the right to meet and discuss any staff matters relating to the University and to transmit any resolutions to the Vice-Chancellor.
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16. |
The Student Affairs Council
(1) |
There shall be a Student Affairs Council of the University which shall consist of all students and other such persons as may be provided by its Constitution subject to the approval of the Chancellor and the Board upon recommendation of the Vice-Chancellor.
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(2) |
The members of the Student Affairs Council shall elect an Executive Committee from among its members, to include a Chairperson, Vice-Chairperson, Secretary and Treasurer.
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(3) |
The Student Affairs Council shall have the right to meet and discuss any student matters relating to the University and to transmit any resolutions to the Vice-Chancellor.
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(4) |
The Student Affairs Council shall represent students on social and academic issues,
and shall exercise its powers and functions as may be provided for in its Constitution.
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(5) |
The Standing Committees of the Student Affairs Council are—
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(6) |
Meetings of the Council shall be determined by the Executive Committee of the Student Affairs Council.
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17. |
The Alumni Association
(1) |
There shall be an Alumni Association of the University which shall consist of all the graduates and such other persons as may be provided for in its constitution.
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(2) |
The members of the Alumni Association shall elect an Executive Committee from among its members to include a chairperson, vice-chairperson, secretary and treasurer.
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(3) |
The Alumni Association shall have the right to meet and discuss any matters relating to the University and to transmit any resolutions to the Vice-Chancellor.
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(4) |
The Alumni Association shall exercise such powers and functions as may be provided for in its constitution which powers and functions shall include—
(a) |
bringing together graduates and former students of the University;
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(b) |
planning non-political, social and education activities;
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(c) |
engaging in fund raising activities to assist the University and its students;
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(d) |
assisting in the development of the University and community at large;
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(e) |
promoting the University’s welfare, image and academic standards;
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(f) |
promoting co-operation between the University and industry in general;
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(g) |
promoting academic and professional excellence;
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(h) |
providing services and developing skills usable by a graduate of the University to further his or her career; and
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(5) |
Meetings of the Alumni Association shall be held annually or as determined by the Executive Committee of the Association.
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18. |
Senate
(1) |
There shall be a Vice-Chancellor of USIU who shall be appointed by the Board upon recommendation of the Chancellor and who shall serve in accordance with the terms of service set by the Board upon recommendation by the Chancellor.
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(2) |
The Vice-Chancellor shall—
(a) |
direct, promote and co-ordinate all the activities of the University;
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(b) |
serve as the secretary to the Board:
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(c) |
act as the representative of the University and be its spokesperson in its external relations;
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(d) |
assume administrative responsibility for the day-to-day running of the University and its management;
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(e) |
have the authority to hire, discharge and fix salaries of all employees based on recommendations of appropriately established University committees within the overall budget by the Board on recommendation by the Chancellor, except that the Chancellor and the Board will be consulted and must grant approval of the appointment and salaries of Deputy Vice Chancellors and before any individual on the academic staff can be granted tenure; and
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(f) |
recommend to the Board through the Chancellor the rates for tuition, room and board following consultation with the Management Council.
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19. |
The Deputy Vice-Chancellor for Academic Affairs
(1) |
The Deputy Vice-Chancellor for Academic Affairs shall be appointed by the Vice-Chancellor, after consultation with an appropriately established University committee and approval of the Board upon recommendation of the Chancellor, to head the academic division of the University.
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(2) |
The Deputy Vice-Chancellor for Academic Affairs shall report to the Vice-Chancellor and shall oversee all academic programmes and academic staff.
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20. |
The Deputy Vice-Chancellor for Institutional Development
(1) |
The Deputy Vice-Chancellor for Institutional Development shall be appointed by the Vice-Chancellor, after consultation with an appropriately established University committee and approval of the Board upon recommendation of the Chancellor, to head the development division of the University.
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(2) |
The Deputy Vice-Chancellor for Institutional Development shall report to the Vice-Chancellor and shall oversee all income generating projects and development activities.
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21. |
The Deputy Vice-Chancellor for Finance and Administration
(1) |
The Deputy Vice-Chancellor for Finance and Administration shall be appointed by the Vice-Chancellor, after consultation with an appropriately established University committee and approval of the Board upon recommendation of the Chancellor, to head the division of finance and administration.
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(2) |
The Deputy Vice-Chancellor for Finance and Administration shall report to the Vice-Chancellor and shall be the chief financial officer of the University.
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22. |
The Deputy Vice Chancellor for Student Affairs
(1) |
The Deputy Vice-Chancellor for Student Affairs shall be appointed by the Vice-Chancellor, after consultation with an appropriately established University committee and approval of the Board upon recommendation of the Chancellor, to head the student affairs division of the University.
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(2) |
The Deputy Vice-Chancellor for Student Affairs shall report to the Vice-Chancellor and shall oversee all non-academic student related matters excluding finance.
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23. |
Performance of Duties during the Incapacity of the Vice-Chancellor and other Senior Managers
(1) |
In the event of the incapacity of the Vice-Chancellor, the functions of the Vice-Chancellor may he performed by one of the Deputy Vice-Chancellors as shall be designated by the Chancellor.
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(2) |
In the event of incapacity of a Deputy Vice-Chancellor or other member of the staff, the Vice-Chancellor may appoint a suitable person with the relevant training and experience, to perform the functions of the member during the incapacity.
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(3) |
Incapacity" means absence from Kenya or the inability for any other reason to perform the functions of the office held.
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PART V – FINANCIAL PROVISIONS
24. |
Financial Year, Audit and Budget
(1) |
The financial year of the University shall be the period of twelve (12) months commencing on such day in each year as the Board may determine.
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(2) |
In the event of any change in the financial year and for the purposes of the transition from the old financial year to a new Financial year, consequent upon the change, the transitional period, whether more or less than twelve (12) months, shall be deemed for purposes of this Charter to be a fiscal year.
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(3) |
The Vice-Chancellor shall submit a proposed budget to the Chancellor two (2) months before the start of each financial year. After review, the Chancellor will recommend a budget for consideration and approval of the Board.
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(4) |
USIU shall submit monthly financial reports to the Board.
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(5) |
The accounts of USIU shall be audited by an auditor appointed by the Board.
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(6) |
Within a period of six (6) months after the end of the financial year, the auditor shall report the examination and audit of the accounts USIU to the Board.
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25. |
Funds and Resources
The funds and resources of the University may be derived from the following sources:
(a) |
endowments, gifts and trusts;
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(c) |
income from the University’s auxiliary enterprises and investments; and
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(d) |
such other sources as the University ma from time to time identify.
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PART VI – MISCELLANEOUS PROVISIONS
26. |
Performance of Duties during the Incapacity of an Office Bearer
(1) |
The Board of Directors shall have power, subject to the provisions of the Act and this Charter, to snake statutes, generally for the governance, control and administration of the University, for the better carrying into effect of the purposes of this Charter, and for all purposes connected therewith, and in particular for—
(a) |
the establishment of colleges, institutes and schools of the University;
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(b) |
the description of degrees, diplomas, certificates and other awards;
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(c) |
prescribing fees and other charges;
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(d) |
the determination of the terms and conditions of service including the appointment dismissal remuneration and retiring benefits of the employees of the University;
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(e) |
prescribing the rules and regulations for the students’ organizations;
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(f) |
providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the statutes.
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(2) |
Statutes shall only be made by a resolution passed at one meeting of the Board supported by a majority of not less than two-thirds of the members present and voting being not less than half of the total membership of the Board.
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27. |
Protection of Name
(1) |
Notwithstanding the provisions of any other written law, no public officer performing the functions relating to tire registration of companies or business names shall accept for such registration any name which includes together with the word University", the words "United States International" unless the application for such registration is accompanied by the written consent of the Trustees.
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(2) |
Any person who, except with the written consent of the Trustees, uses the word "University" together with the words "United States International" in furtherance of, or in connection with ally advertisement for any, trade, business, calling or profession shall be guilty of an offence and liable for a fine not exceeding ten thousand shillings or to imprisonment for a period not exceeding one (1) month or to both:
Provided that nothing in this subsection shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him/her of any degree, diploma or certificate of the University.
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28. |
Variation and Revocation of Charter
In accordance with section 16 of the Universities Act, Cap. 210 B
(1) |
The President may, at any time, vary the provisions of a charter if he is of the opinion that the variation is in the interests of University education in Kenya generally or may assist the institution concerned to carry out its functions in a more efficient manner.
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(2) |
The President may, at any time, revoke a charter granted to a university if he is of the opinion that the university concerned is not governance, carrying out its functions in a proper manner, or is in breach of its charter, are that the revocation is in the Interests of university education generally.
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THE CHARTER TO ESTABLISH UNITED STATES INTERNATIONAL UNIVERSITY
WHEREAS the United States International University, San Diego, California, U.S.A., the proprietors of United States International University, situated in the Republic of Kenya, wishes to establish an institution in the name of United States International University;
AND WHEREAS the said United States International University has applied to the Commission for Higher Education for the grant of charter in the manner prescribed under the Universities Act (Cap. 210);
AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of United States International University are consistent with the advancement of university education in Kenya;
AND WHEREAS the Commission for Higher Education is also satisfied that the United States International University has complied with the provisions of the Act, and the Universities Rules, 1989;
AND WHEREAS the Commission for Higher Education has submitted a draft charter, the text whereof is annexed hereto, to the Cabinet Secretary for Education on the said institution, and Cabinet Secretary is satisfied that United States International University be granted the charter;
AND WHEREAS the Cabinet Secretary has submitted the charter to me with recommendations thereon;
AND WHEREAS I am satisfied that the granting of the charter will be of benefit to the advancement of university education in Kenya;
NOW WHEREFORE, by these presents, be it known that in exercise of the powers conferred upon me by section 12 of the Universities Act (Cap. 210B), I Daniel Toroitich arap Moi, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, grant the charter annexed to United States International University.
PART I – PRELIMINARY
1. |
Short title
This Charter may be cited as the United States International University Charter.
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2. |
Interpretation
In this Charter—
"Academic employees" means all employees on academic terms of service and includes faculty;
"Act" means the Universities Act (Cap. 210);
"Board" means the Board of Directors of USIU established under section 11;
"Chancellor" means the Chancellor of USIU referred to in section 12;
"Charter" means the Charter of USIU;
"Commission" means the Commission of Higher Education, which is the accrediting body for higher education institutions in Kenya, established by the Universities Act (Cap. 210);
"Faculty" means all teaching staff of USIU;
"Faculty Senate" means the institution established under section 13;
"Satellite Campus" means an extension centre established by USIU after approval of the Board and the Commission;
"Statutes" means the operating rules and procedures enacted by the Board for the governance of USIU;
"Student" means the person registered for the purpose of obtaining a qualification of USIU;
"Student Affairs Council" means the institution established under section 16;
"Trustees" means the Board of Trustees established under section 10;
"USIU" means the United States International University established under section 3;
"Vice-Chancellor" means the chief academic and administrative officer of USIU as is established under section 18.
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PART II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
3. |
Establishment and Incorporation of United States International University
(1) |
There is established a university to be known as United States International University, hereinafter referred to as USIU, which shall be constituted in accordance with this Charter.
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(2) |
The USIU shall, through the Board and in consonance with this Charter, exercise overall responsibility over its governance and future development.
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(3) |
The University shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name be capable of—
(a) |
taking, purchasing or otherwise acquiring, holding, charging, and disposing of movable and immovable property;
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(b) |
borrowing or lending money;
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(d) |
entering into contract with the Government of Kenya, other institutions and individuals.
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(e) |
receiving bequests and gifts which shall be used only for the purposes stated by the person or persons making such bequests or gifts; and
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(f) |
doing or performing all such other transactions or acts for the furtherance of the provisions of this Charter, which may be lawfully done or performed by a body corporate.
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(4) |
Upon the coming into effect of this Charter the agreement of January, 1970, executed between USIU on the one part and the Government of the Republic of Kenya on the other part shall cease to have effect:
Provided that any rights and liabilities accruing thereunder shall continue to have full force and effect to the extent consistent with this Charter to bind USIU and the said Government, respectively.
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(5) |
The business and property of the body corporate shall be managed and controlled by the Board, who shall exercise all the powers of the body corporate as may be provided by this Charter or permitted by applicable law in Kenya.
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4. |
Mission, Philosophy and Objectives
(1) |
The University’s philosophy is based on the concept of global understanding and co-operation through education. As such, its mission is to promote the discovery and application of knowledge, the acquisition of skills, and the development of intellect and character in a manner, which prepares students to contribute effectively and ethically as citizens of a changing and increasingly technological world.
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(2) |
The mission is achieved through selected high quality under-graduate and graduate programmes that result in the following objectives:
(a) |
Higher Order Thinking – The ability to collect, analyse, and evaluate information and to formulate conclusions. Students develop and demonstrate the ability to think critically, analytically, and creatively through active participation in learning, qualitative and quantitative analysis and research.
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(b) |
Literacy - Competence in oral, written, quantitative, and technological skills. Students develop and demonstrate competence in oral and written communication as well as scientific, quantitative and technological literacy through written and verbal assessments
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(c) |
Global Understanding and Multicultural Perspective - Awareness, knowledge and appreciation of both the diversity and commonality of cultures. Students acquire these perspectives through formal study of language, history, literature, and the arts through working, study and living co-operatively in a racially, ethically and culturally diverse environment. Further, students acquire an understanding of economic, historical, political, geographical and environmental relationships on a global basis.
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(d) |
Preparedness for Career - Mastery of a field of knowledge and its multicultural and multinational application. Such mastery is accomplished through both formal study and various experiential forms of learning such as internships and field experiences. As part of their growth and development, students formulate and articulate the ethical standards which will guide their professional and personal lives.
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(e) |
Community service – A sense of being a part of a community and desire to be service to it. Students are given opportunities to participate in community service, citizenship, or social action projects or activities.
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(3) |
This mission is carried out in an environment which encourages intellectual and scholarly development; fosters an openness to a wide range of ideas, cultures and people; and enhances personal growth.
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5. |
Functions
(1) |
The functions of USIU shall be—
(a) |
to establish and maintain an educational institution offering courses of instruction beyond secondary schools and conduct courses of study, laboratory school, extension courses and ancillary services as found in universities;
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(b) |
to determine the qualifications and eligibly of persons from the Republic of Kenya or elsewhere for baccalaureate and graduate studies;
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(c) |
to determine who may teach, what may be taught and how it may be taught;
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(d) |
to conduct examinations for, and to grant degrees, diplomas and other awards of USIU and its seal pursuant to approval of the Board;
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(e) |
to provide adequate equipment and facilities for a high quality education, such as library resources, laboratories, research facilities, classrooms and buildings to support various curricula;
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(f) |
to formulate rules and procedures for execution of USIU’s programmes and plans which have been approved by the Board;
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(g) |
to divide the courses of instruction of USIU into departments, divisions, schools or colleges for the better presentation of specialized subject matter to students;
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(h) |
to maintain a record of its proceedings;
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(i) |
to revise or discontinue existing programmes as well as to examine and approve proposals for colleges, schools, departments, degree courses or subjects of study subject to necessary review by appropriate academic committees and approval by the Chancellor, the Board and the Commission for Higher Education; and
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(j) |
to establish academic linkages.
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(2) |
USIU shall be open to any student irrespective of background, nationality, race, religion, sex or socio-economic status who desires a high quality education, meets the criteria for admission as established by the University, and who is willing to co-operate with the policies of USIU and be comfortable within its atmosphere.
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(3) |
USIU may, with the approval of the Board and the Commission, establish satellite campuses. Satellite campuses are subject to the direction and supervision of USIU and the Board.
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6. |
Conferment of Degrees, Diplomas, Certificates and Other Awards
Subject to the provisions of this Charter, USIU shall have power to—
(a) |
confer the degrees of bachelor, master, doctor and such other degrees as may be provided for in the statutes following approval by the Board and the Commission;
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(b) |
grant diplomas, certificates and other awards;
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(c) |
confer an honorary degree or academic distinction which the University may wish to confer or award upon a person who has rendered distinguished service in the advancement of any branch of learning or cultural accomplishment or who has otherwise rendered himself worthy of such a degree or academic distinction; and
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(d) |
revoke the degree of bachelor, master, doctor and such other degrees and awards as may be provided for in the statutes for appropriate reasons upon approval of the Board.
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7. |
The Common Seal
(1) |
The common seal of USIU shall be kept in such custody as the Board may direct and shall be used upon the order and direction of the Board, the Chancellor or the Vice-Chancellor.
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(2) |
The common seal of USIU shall be authenticated by the signature of the Chancellor, the Vice-Chancellor or a nominee of the Chancellor.
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(3) |
The common seal of USIU when affixed to any document and duly authenticated as provided for under this section shall be judicially and officially noticed and, unless and until the contrary is proved, any necessary order or authorization of the Board or the Chancellor under this section shall be presumed to have been duly given.
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8. |
Membership
The members of the University shall be—
(e) |
the Deputy Vice-Chancellor for Academic Affairs;
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(f) |
the Deputy Vice-Chancellor for Finance and Administration;
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(g) |
the Deputy Vice-Chancellor for Institutional Development;
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(h) |
the Deputy Vice-Chancellor for Student Affairs;
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(i) |
the Academic Dean of each School or College;
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(j) |
the Faculty of the University;
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(m) |
such other members of staff of the University, the alumni, or any other body formally admitted into association with the University.
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9. |
Governance
The governance of the University shall be vested in the following persons and bodies—
(g) |
the Student Affairs Council; and
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10. |
The Trustees
(1) |
USIU shall have a Board of Trustees consisting of all members of the Board of Trustees of the University known as the United States International University being a company incorporated with limited liability in accordance with sections 5110 and 5111 of the Corporations Code of the State of California in the United States of America.
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(2) |
The Trustees shall from time to time appoint a Board of Directors to exercise powers specified in section 11 of this Charter.
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(3) |
The Board of Trustees shall be incorporated and registered under the Trustees (Perpetual Succession) Act (Cap. 164).
Provided that the Board of Trustees shall not exercise any of its functions under this Charter unless it is, and continues to be, so registered.
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11. |
The Board of Directors
(1) |
There shall be a Board of Directors consisting of at least seven, and at most fifteen members, one third of whom shall be residents of Kenya.
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(2) |
The Chancellor and the Vice-Chancellor of the University shall be ex officio members of the Board.
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(3) |
Board members shall be appointed by the Trustees and shall serve for a term of three (3) years and shall then retire but shall be eligible for re-election.
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(4) |
Officers of the Board will include a Chairperson, and vice-Chairperson, who shall be elected for annual terms by the Board from among the Board and may be re-elected at the expiry of their term of office. Elections will be held at the official annual meeting of the Board.
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(5) |
The Board may, by statutes, establish such as committees as are necessary for the efficient discharge of the education functions of the University.
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(6) |
In lieu of committees, the Board shall act as a committee of the whole.
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(7) |
In addition to the annual meeting which shah he held in Nairobi at a time and place determined by the Board, the Board may meet at other times upon request by the Chairperson. The specific time and place of the meetings will be determined by the Chairperson with the concurrence of a majority of the Board members. Meetings may be conducted by means of electronic communications if a quorum is present and the members may hear each other.
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(8) |
The quorum necessary for the transaction of the business of the board shall be a simple majority.
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(9) |
The Chairperson of the Faculty Senate, Staff Council, Student Affairs Council, and Alumni Association may attend Board meetings and be on the agenda for the purpose of reporting to the Board the activities and interests of their respective organizations. The Board may, however, go into executive session when, in their judgement, that is necessary. The Chairperson will not participate in the executive sessions.
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(10) |
The Board of Directors shall have and exercise the following functions—
(a) |
be responsible for the quality and integrity of the University;
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(b) |
establishing broad institutional policies and delegating the implementation and management of such policies to the administration;
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(c) |
approval of the University’s mission and academic programmes;
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(d) |
approval of an annual budget for the University;
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(e) |
assuring that the type, and level of degrees offered are consistent with institutional purpose and are of satisfactory quality;
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(f) |
selection of an external audit firm and review of the annual fiscal audit of the University by such firm;
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(g) |
approving faculty recommended by the Vice-Chancellor for tenure;
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(h) |
acting as the final appeal body for any tenured faculty member who is terminated from the University for cause;
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(i) |
approval, upon recommendation of the Vice-Chancellor, of terms and conditions of service of employees of USIU; and
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(j) |
approval, upon recommendation of the Chancellor, of the terms and conditions of service of the Vice-Chancellor.
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PART III – MEMBERSHIP OF THE UNIVERSITY
12. |
The Chancellor
The Chancellor shall be appointed by the Board of the Trustees of USIU and shall also serve as the Chief Executive "(officer)" of the University responsible for its overall management subject to the terms of service set out by the Board.
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13. |
The Faculty Senate
(1) |
There shall be a Faculty Senate of the University which shall consist of all members of the academic staff.
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(2) |
The Faculty Senate shall have and exercise the following functions—
(a) |
oversee all the academic programmes, quality and character of the institution and continuously review academic policy and performance;
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(b) |
conduct periodic reviews of the financial policies of the University and formulate recommendations for the Vice-Chancellor as to their adequacy in support of the educational needs of the institution;
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(c) |
review any changes by the Vice-Chancellor or the Board of Directors in the educational and financial policies of the University;
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(d) |
promote the general welfare of the University, its students, staff and faculty;
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(e) |
assure a sense of responsibility among the faculty for maintaining a superior level of instruction, research and professional activities;
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(f) |
address academic and instructional issues within the framework of the University’s educational direction and policy;
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(g) |
conduct studies and make recommendations on matters oh policy and procedure pertaining to the faculty.
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(3) |
The members of the Faculty Senate shall elect an executive committee from among its members to include a chairperson, vice-chairperson, secretary and treasurer.
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(4) |
The Faculty Senate shall have the right to meet and discuss any academic matters relating to the University and to transmit any resolutions to the Vice-Chancellor.
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(5) |
The following shall be the Standing Committees of the Faculty—
(g) |
Student Life and Activities; and
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(h) |
Administrative Performance Evaluation.
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(6) |
The Faculty Senate shall meet at least once a month.
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14. |
The Management council
(1) |
There shall be a Management Council consisting of the Vice-Chancellor, who shall be the chairperson: the Deputy Vice-Chancellor for Academic Affairs; the Deputy Vice-Chancellor, for Finance and Administration, the Deputy Vice-Chancellor for Institutional Development, the Deputy Vice-Chancellor for Student Affairs and any other senior officers appointed to the Management Council by the Vice-Chancellor in consultation with the Chancellor.
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(2) |
The Management Council shall manage the day-to-day operations of the University and shall—
(a) |
ensure efficient management of the personnel, programmes, facilities and finances of the University;
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(b) |
plan for the development and the needs of the University;
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(c) |
prepare the annual plans and budgets for submission to the Chancellor and the Board;
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(d) |
develop strategies for generation of revenue and fund raising to secure adequate financial support for the University;
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(e) |
implement rules and regulations governing the conduct and behaviour of students and staff of the University; and
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(f) |
perform any other functions or duties as may be prescribed by the Vice-Chancellor.
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15. |
The Staff Council
(1) |
There shall be a Staff Council of the University which shall consist of all non-academic employees of the University except the senior management staff.
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(2) |
The members of the Staff Council shall elect an Executive Committee from among its members, to include a chairperson, vice-chairperson, secretary and treasurer.
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(3) |
The Staff Council shall have the right to meet and discuss any staff matters relating to the University and to transmit any resolutions to the Vice-Chancellor.
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16. |
The Student Affairs Council
(1) |
There shall be a Student Affairs Council of the University which shall consist of all students and other such persons as may be provided by its Constitution subject to the approval of the Chancellor and the Board upon recommendation of the Vice-Chancellor.
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(2) |
The members of the Student Affairs Council shall elect an Executive Committee from among its members, to include a Chairperson, Vice-Chairperson, Secretary and Treasurer.
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