Charter for Lukenya University

Section 1. Short title Section This Charter may be cited as the Lukenya University ("the Lukenya University established by this Charter;") Charter, 2022.

Section 2. Interpretation Section In this Charter, unless the context otherwise requires— "Act" means the Universities Act, 2012 ( No. 42 of 2012 ); "administrative staff" means employees of the University ("the Lukenya University established by this Charter;") ; "Alumni Association" means the organization of the past students and stakeholders established in accordance with paragraph 20 of this Charter; "annual estimates" means the estimates prepared in accordance with paragraph 32 in respect of any financial year ("the financial year of the University as prescribed by the Council;") ; "Board of Trustees" means the Board of trustees of Lukenya University ("the Lukenya University established by this Charter;") Trust established under the Trustee (Perpetual Succession Act ("the Universities Act, 2012 ();") ) Cap 164 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to university education; "Campus" means a campus established by the University ("the Lukenya University established by this Charter;") pursuant to paragraph 7 of this Charter; "Chancellor" means the Chancellor of the University ("the Lukenya University established by this...

Section 3. Establishment and Incorporation of theUniversity Section 3(1) There is established a University ("the Lukenya University established by this Charter;") to be known as the Lukenya University ("the Lukenya University established by this Charter;") . Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) receiving, investing, borrowing or lending money; and Section 3(2)(d) doing or performing any such other things or acts, including entering into such contracts as may be necessary or expedient, for the furtherance of the provision of this Charter which may be done by a corporate body. Section 3(3) The University ("the Lukenya University established by this Charter;") is the successor of the Lukenya University ("the Lukenya University established by this Charter;") constituted under a Letter of Interim Authority issued on 16th November, 2015. Section 3(4) Subject to this Charter, all rights, duties, obligations, staff, liabilities and assets of the Lukenya University ("the Lukenya University established by this Charter;") held by or by or on behalf of...

Section 4. Vision, Mission, Philosophy and Core Values Section Vision

Section 5. Aims, objectives and functions of theUniversity. Section 5(1)(a) provide post basic-education training by use of practical pedagogy methodology ideal for each academic programme; Section 5(1)(b) conduct research in collaboration with the industry and other key stakeholders; Section 5(1)(c) develop a world-class higher education learning environment and provide required resources ideal for training, education and research for students, staff, industry and community; Section 5(1)(d) recruit, develop and retain exceptional staff with outstanding teaching and research background and capacity; Section 5(1)(e) develop and implement a university curriculum that inculcates positive attitudes towards work, research, innovation, honesty and self-discipline; Section 5(1)(f) maximize the impact of research and scholarship to students, staff, industry and community; Section 5(1)(g) be at the forefront in the pursuit for market-oriented courses and student ("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;") -centred methods of study; and Section 5(1)(h) uphold lea...

Section 6. Establishment of Constituent Colleges Section The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters related to university education;") may, on the recommendation of the Council ("the Council of the University established under paragraph 18 of this Charter;") , and on the advice of the Commission ("the Commission for University Education established under the Act;") for University ("the Lukenya University established by this Charter;") Education, by order published in the Gazette , establish or declare an institution of learning or higher education or any training establishment to be a Constituent College ("an academic unit made up of faculties, Schools or institutes, and includes a Constituent College;") of the University ("the Lukenya University established by this Charter;") .

Section 7. Establishment of Colleges, Campuses, Faculties, Schools, Institutes and Centres Section 7(1) The Council ("the Council of the University established under paragraph 18 of this Charter;") may, on the advice of the Senate ("the Senate of the University established under paragraph 23 of this Charter;") , establish Colleges within the University ("the Lukenya University established by this Charter;") or campuses to offer training and courses of instruction consistent with its mission and objects whose functions and powers shall be as provided for by the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") provided that such campuses shall operate with the approval of the Commission ("the Commission for University Education established under the Act;") . Section 7(2) A College ("an academic unit made up of faculties, Schools or institutes, and includes a Constituent College;") or campus which is established shall consist of such faculties, schools, institutes or centres as may be provided for by the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") .

Section 8. Affiliation and Collaboration with other Institutions Section 8(1) The University ("the Lukenya University established by this Charter;") is affiliated to Lukenya College ("an academic unit made up of faculties, Schools or institutes, and includes a Constituent College;") and Lukenya Schools. Section 8(2) The affiliation is in ownership, financing and management. Section 8(3) The University ("the Lukenya University established by this Charter;") may collaborate with any individual, other individual organizations, groups or institutions, government and government agencies; or international organisations as may be provided for in the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") .

Section 9. Conferment of Degrees, Grant of Diplomas, Certificates and other Awards Section 9(1)(a) confer Bachelor’s degrees, Master’s degrees, Doctorate degrees and other awards; Section 9(1)(b) grant diplomas, certificates and other academic awards as may be provided for by the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") ; and Section 9(1)(c) confer honorary degrees or any other academic distinction to a person who has rendered distinguished service to the advancement of any branch of learning or who has otherwise rendered service in any field of human endeavor worthy of such a degree or academic distinction. Section 9(2) Subject to this Charter, the University ("the Lukenya University established by this Charter;") may award fellowships, scholarships, bursaries and prizes and make other awards as may be provided for in the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") .

Section 10.Convocation Section 10(1) There shall be a convocation of the University ("the Lukenya University established by this Charter;") which shall consist of such members as prescribed by the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") . Section 10(2) The convocation shall be convened for purposes of conferment and granting of awards and for such other functions as may be outlined in the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") .

Section 11. Withdrawal of Degrees, Diplomas, Certificates and Other Awards Section The Council ("the Council of the University established under paragraph 18 of this Charter;") may, subject to this Charter, and on the recommendation of the Senate ("the Senate of the University established under paragraph 23 of this Charter;") , for good cause, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards as may be provided for in the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") .

Section 12. Membership of theUniversity. Section the Sponsor ("the Lukenya University Trust established under the Trustee (Perpetual Succession Act );") ;

Section 13. Governance of theUniversity Section the Sponsor ("the Lukenya University Trust established under the Trustee (Perpetual Succession Act );") ;

Section 14.Sponsor Section The Sponsor ("the Lukenya University Trust established under the Trustee (Perpetual Succession Act );") for the University ("the Lukenya University established by this Charter;") is Lukenya University ("the Lukenya University established by this Charter;") Trust established under the Trustee (Perpetual Succession Act ("the Universities Act, 2012 ();") ) ( Cap. 164 ).

Section 15. TheBoard of Trustees Section 15(1)(a) appoint members of the Council ("the Council of the University established under paragraph 18 of this Charter;") ; Section 15(1)(b) raise funds for the benefit of the University ("the Lukenya University established by this Charter;") in accordance with any written law or financing arrangement under section 51A of the Act ("the Universities Act, 2012 ();") ; Section 15(1)(c) promote the objects of the University ("the Lukenya University established by this Charter;") ; Section 15(1)(d) appoint the Chancellor ("the Chancellor of the University appointed under paragraph 17 of this Charter;") ; and Section 15(1)(e) undertake such other function or duties as may be conferred upon the Board of Trustees ("the Board of trustees of Lukenya University Trust established under the Trustee (Perpetual Succession Act );") by relevant legal instrument. Section 15(2) The Board of Trustees ("the Board of trustees of Lukenya University Trust established under the Trustee (Perpetual Succession Act );") may establish a Secretariat to manage the affairs of the Board of Trustees ("the Board of trustees of Lukenya University Trust established under the Tru...

Section 16.Chancellor Section 16(1) There shall be a Chancellor ("the Chancellor of the University appointed under paragraph 17 of this Charter;") of the University ("the Lukenya University established by this Charter;") who shall be appointed by the Board of Trustees ("the Board of trustees of Lukenya University Trust established under the Trustee (Perpetual Succession Act );") . Section 16(2) The Chancellor ("the Chancellor of the University appointed under paragraph 17 of this Charter;") shall be a holder of at least a Master’s Degree from a recognized University ("the Lukenya University established by this Charter;") in a relevant field and having served for a period of not less than twenty years in distinguished positions in either public or private sector. Section 16(3) A person shall be qualified to be appointed as the Chancellor ("the Chancellor of the University appointed under paragraph 17 of this Charter;") if the person is a distinguished person of good standing in the society. Section 16(4)(a) shall be the titular head of the University ("the Lukenya University established by this Charter;") and shall, in the name of the University ("the Lukenya University established...

Section 17. TheCouncil Section 17(1)(a) the Chairperson who shall be a distinguished person who holds a minimum of a Master’s degree from a recognized University ("the Lukenya University established by this Charter;") or its equivalent with over twenty-five-years’ work experience in a corporate environment; Section 17(1)(b) one person of the rank of a Professor in their respective field and a holder of an earned Doctor of Philosophy degree; Section 17(1)(b)(i) one person of the rank of a Professor in their respective field and a holder of an earned Doctor of Philosophy degree; Section 17(1)(b)(ii) an advocate of the High Court of Kenya with ten years post admission experience and a member of the Law Society of Kenya in good standing; Section 17(1)(b)(iii) a financial expert with ten years’ experience and a holder of either a Bachelor of Commerce degree with a CPA (K) or its equivalent or a holder of a Master’s Degree in Economics; Section 17(1)(b)(iv) a banker with over ten years’ experience and a holder of a minimum of a bachelors’ degree in relevant field; Section 17(1)(b)(v) a business professional with a proven record of having started and grown a successful business for not le...

Section 18. Students’ Association Section 18(1) There shall be a Students’ Association of the University ("the Lukenya University established by this Charter;") as provided for in the Act ("the Universities Act, 2012 ();") and which shall comprise of all students of the University ("the Lukenya University established by this Charter;") . Section 18(2)(a) overseeing and planning, in consultation with the Senate ("the Senate of the University established under paragraph 23 of this Charter;") and the University Management Board ("the Management Board of the University established in paragraph 22 of this Charter;") , students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being; Section 18(2)(b) drawing the attention of the appropriate authorities, where necessary, to the special needs of the students; Section 18(2)(c) undertaking such other functions as provided in its governance instruments approved by the Senate ("the Senate of the University established under paragraph 23 of this Charter;") ; and Section 18(2)(d) undertaking such other functions as provided in its governance instrument as approved by the University ("the Lukeny...

Section 19.Alumni Association Section 19(1) The University ("the Lukenya University established by this Charter;") Management may establish an Alumni Association ("the organization of the past students and stakeholders established in accordance with paragraph 20 of this Charter;") as provided for in the Act ("the Universities Act, 2012 ();") , which shall consist of the graduates of the University ("the Lukenya University established by this Charter;") and any other persons as may be provided by its constitution, beginning with the first graduation, and such other persons as may be declared to be members by the Council ("the Council of the University established under paragraph 18 of this Charter;") . Section 19(2) The objectives and the governance of the Alumni Association ("the organization of the past students and stakeholders established in accordance with paragraph 20 of this Charter;") shall be guided by a constitution drawn up by the Alumni of the University ("the Lukenya University established by this Charter;") . Section 19(3) The constitution of the Alumni Association ("the organization of the past students and stakeholders established in accordance with paragraph 20 of t...

Section 20.Vice-Chancellor Section 20(1) There shall be a Vice-Chancellor of the University ("the Lukenya University established by this Charter;") who shall be appointed by the Council ("the Council of the University established under paragraph 18 of this Charter;") . Section 20(2) The terms and conditions of appointment of the Vice-Chancellor shall be as provided for in the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") . Section 20(3)(a) have the overall responsibility for the direction, organisation, administration and academic programmes of the University ("the Lukenya University established by this Charter;") ; Section 20(3)(b) be the Chairperson of the Senate ("the Senate of the University established under paragraph 23 of this Charter;") and the University Management Board ("the Management Board of the University established in paragraph 22 of this Charter;") ; Section 20(3)(c) be responsible to the Council ("the Council of the University established under paragraph 18 of this Charter;") for the general conduct and discipline of staff and students of the University ("the Lukenya University established by this Char...

Section 21.University Management Board Section 21(1) There shall be a University Management Board ("the Management Board of the University established in paragraph 22 of this Charter;") which shall assist the Vice-Chancellor with the day-to-day management operations of the University ("the Lukenya University established by this Charter;") and implementation of the policies of the University ("the Lukenya University established by this Charter;") and further undertake such other functions as shall be set out in this charter. Section 21(2)(a) the Vice-Chancellor , who shall be the Chairperson; and Section 21(2)(b) the Deputy Vice-Chancellors; Section 21(2)(c) the Registrar; Section 21(2)(d) the Chief Financial Officer; Section 21(2)(e) the Corporation Secretary and Chief Legal Officer; Section 21(2)(f) the Quality Assurance Officer; and Section 21(2)(g) any other members as may be provided for in the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") . Section 21(3)(a) to formulate and propose rules and regulations to the Council ("the Council of the University established under paragraph 18 of this Charter;") for the administr...

Section 22.Senate Section 22(1) There shall be a Senate ("the Senate of the University established under paragraph 23 of this Charter;") of the University ("the Lukenya University established by this Charter;") which shall be responsible for all academic matters of the University ("the Lukenya University established by this Charter;") . Section 22(2)(a) the Vice-Chancellor , who shall be Chairperson; Section 22(2)(b) the Deputy Vice-Chancellors; Section 22(2)(c) the Principals of each constituent college ("a semi-autonomous academic unit of the University, established under paragraph 6 of this Charter;") of the University ("the Lukenya University established by this Charter;") ; Section 22(2)(d) the Principals of each College ("an academic unit made up of faculties, Schools or institutes, and includes a Constituent College;") and Campus ("a campus established by the University pursuant to paragraph 7 of this Charter;") of the University ("the Lukenya University established by this Charter;") ; Section 22(2)(e) the Deans of Schools, Associate Deans, Directors of Institutes, Centres and other academic units; Section 22(2)(f) the registrars; Section 22(2)(g) the Deans, Directors and C...

Section 23. Deputy Vice-Chancellors Section 23(1) The Council ("the Council of the University established under paragraph 18 of this Charter;") shall appoint such Deputy Vice-Chancellors as may be necessary to assist the Vice– Chancellor ("the Chancellor of the University appointed under paragraph 17 of this Charter;") in matters prescribed in the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") . Section 23(2) A Deputy Vice-Chancellor shall operate under the general authority of the Vice-Chancellor and shall exercise such powers and perform such duties as may be specified by the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") . Section 23(3) The Deputy Vice-Chancellors shall hold office for a term of three years on terms and conditions of service as may be prescribed by the Council ("the Council of the University established under paragraph 18 of this Charter;") . Section 23(4) The provisions of this paragraph shall apply with necessary modifications to a Principal of each Constituent Colleges.

Section 24. Principals of Constituent Colleges Section 24(1) The Principal of a Constituent College ("an academic unit made up of faculties, Schools or institutes, and includes a Constituent College;") shall be appointed by the Council ("the Council of the University established under paragraph 18 of this Charter;") through a competitive recruitment process and shall be the academic and administrative head of the Constituent College ("an academic unit made up of faculties, Schools or institutes, and includes a Constituent College;") . Section 24(2) The Principal shall hold office upon such terms and for such periods as may be provided for by the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") and upon expiration of that period, shall be eligible for re-appointment for one further term.

Section 25. The Principals of Colleges within theUniversity Section The Council ("the Council of the University established under paragraph 18 of this Charter;") shall, for each College ("an academic unit made up of faculties, Schools or institutes, and includes a Constituent College;") and Campus ("a campus established by the University pursuant to paragraph 7 of this Charter;") of the University ("the Lukenya University established by this Charter;") , appoint Principals for Colleges within the University ("the Lukenya University established by this Charter;") through a competitive recruitment process who shall be the academic and administrative head of the College ("an academic unit made up of faculties, Schools or institutes, and includes a Constituent College;") and shall, under the general authority of the Vice-Chancellor , have such powers and duties as may be provided for by the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") .

Section 26. Staff of theUniversity Section 26(1) The teaching staff of the University ("the Lukenya University established by this Charter;") shall consist of the Vice-Chancellor , the Deputy Vice-Chancellors, the Principals of Colleges of the University ("the Lukenya University established by this Charter;") , the Librarian ("the person appointed to be the Librarian of the University;") and all members of staff who are engaged in teaching and research. Section 26(2) The administrative staff ("employees of the University;") of the University ("the Lukenya University established by this Charter;") shall consist of the Registrars, the Directors, Finance Officer, Legal Officer and such other members of staff not being engaged in teaching or research, as the Council ("the Council of the University established under paragraph 18 of this Charter;") may determine from time to time. Section 26(3) The technical staff of the University ("the Lukenya University established by this Charter;") shall consist of the staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, a...

Section 27. Performance of Duties during Incapacity of an Office Holder Section 27(1) In the event of the incapacity of the Vice-Chancellor , the Council ("the Council of the University established under paragraph 18 of this Charter;") shall appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days. Section 27(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council ("the Council of the University established under paragraph 18 of this Charter;") may appoint one of the Principals of the colleges within the University ("the Lukenya University established by this Charter;") to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days. Section 27(3) In the event of the simultaneous incapacity of the Vice-Chancellor , the Deputy Vice-Chancellors, the Principals of colleges within the University ("the Lukenya University established by this Charter;") , the Council ("the Council of the University established under paragraph 18...

Section 28. Financial Year Section 28(1) The financial year ("the financial year of the University as prescribed by the Council;") of the University ("the Lukenya University established by this Charter;") shall be the period of twelve months commencing the 1st January and ending the 31st December of each year or such other period as may be prescribed by the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") . Section 28(2) In the event of any change in the financial year ("the financial year of the University as prescribed by the Council;") , and for the purposes of the transition from the old financial year ("the financial year of the University as prescribed by the Council;") to a new financial year ("the financial year of the University as prescribed by the Council;") 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 ("the financial year of the University as prescribed by the Council;") . Section 28(3) The University Management Board ("the Management Board of the University established in paragraph 22 of this...

Section 29. Sources of Funds and Resources Section 29(1)(a) tuition fees and other charges; Section 29(1)(b) research, consultancies and training; Section 29(1)(c) donations and grants; Section 29(1)(d) income from University ("the Lukenya University established by this Charter;") auxiliary enterprises and investments; Section 29(1)(e) endowments, gifts, trusts and bequests; and Section 29(1)(f) such other sources as the University ("the Lukenya University established by this Charter;") may from time to time identify. Section 29(2) The University ("the Lukenya University established by this Charter;") Management shall propose and the Council ("the Council of the University established under paragraph 18 of this Charter;") shall, in consultation with the Board of Trustees ("the Board of trustees of Lukenya University Trust established under the Trustee (Perpetual Succession Act );") , approve the fees to be charged by the University ("the Lukenya University established by this Charter;") . Section 29(3) Any funds received by the University ("the Lukenya University established by this Charter;") from any donor shall, unless otherwise approved by the University ("the Lukenya Universit...

Section 30. Investment of Funds Section 30(1) The Board of Trustees ("the Board of trustees of Lukenya University Trust established under the Trustee (Perpetual Succession Act );") may invest any of its funds not immediately required for its purposes, as it may determine. Section 30(2) All investments made under this paragraph shall be held in the name of the University ("the Lukenya University established by this Charter;") .

Section 31. Annual Estimates Section 31(1) The Vice-Chancellor shall, two months before the commencement of a financial year ("the financial year of the University as prescribed by the Council;") , submit an annual budget of estimates of revenue and expenditure of the University ("the Lukenya University established by this Charter;") to the Council ("the Council of the University established under paragraph 18 of this Charter;") for approval. Section 31(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University ("the Lukenya University established by this Charter;") ; Section 31(2)(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 ("the Lukenya University established by this Charter;") ; Section 31(2)(c) for the proper maintenance of the buildings and grounds of the University ("the Lukenya University established by this Charter;") ; Section 31(2)(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University ("the Lukenya University established by this Charter;") ; Section 31(2)(e)...

Section 32. Accounts and Audit Section 32(1) The Board of Trustees ("the Board of trustees of Lukenya University Trust established under the Trustee (Perpetual Succession Act );") shall, in consultation with the Council ("the Council of the University established under paragraph 18 of this Charter;") , cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities. Section 32(2) The Council ("the Council of the University established under paragraph 18 of this Charter;") shall appoint a firm of external auditors to audit the accounts of the University ("the Lukenya University established by this Charter;") within four months of the closing of each financial year ("the financial year of the University as prescribed by the Council;") . Section 32(3) The Vice-Chancellor shall submit properly kept books of accounts of the University ("the Lukenya University established by this Charter;") to the external Auditors within a period specified by the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") from the end of every financial year ("the financial year of the University as prescribed by th...

Section 33. Instruments of Governance Section 33(1) The University ("the Lukenya University established by this Charter;") shall be governed by the Act ("the Universities Act, 2012 ();") , this Charter and the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") . Section 33(2) The University ("the Lukenya University established by this Charter;") shall conspicuously display all its instruments of accreditation in its key premises. Section 33(3) Where any instrument of accreditation is revoked in accordance with the Act ("the Universities Act, 2012 ();") , the instruments shall be returned to the Commission ("the Commission for University Education established under the Act;") within fourteen days of the revocation.

Section 34. Instruments of Authority Section 34(1)(a) the Mace; Section 34(1)(b) the Common Seal; and Section 34(1)(c) the University ("the Lukenya University established by this Charter;") Logo. Section 34(2) The Council ("the Council of the University established under paragraph 18 of this Charter;") may decide on other instruments to be used as instruments of authority and identity of the University ("the Lukenya University established by this Charter;") provided that such instruments are recognized by the law. Section 34(3) The Vice-Chancellor shall be the custodian of the University ("the Lukenya University established by this Charter;") instruments of authority and identity. Section 34(4)(a) respects and abides by the rule of law; Section 34(4)(b) abides by this Charter, the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") , policies and procedures; Section 34(4)(c) protects and preserves the institution, its assets, and its image; Section 34(4)(d) promotes the goals and objectives of the University ("the Lukenya University established by this Charter;") ; Section 34(4)(e) upholds the University ("the Lukenya Universi...

Section 35. Common Seal Section 35(1) The Common Seal of the University ("the Lukenya University established by this Charter;") shall be kept in such custody and used only as the Board of Trustees ("the Board of trustees of Lukenya University Trust established under the Trustee (Perpetual Succession Act );") or the Council ("the Council of the University established under paragraph 18 of this Charter;") shall direct, as specified in the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") . Section 35(2) A document or an instrument duly sealed by authorised officers of the University ("the Lukenya University established by this Charter;") shall be binding and considered as properly executed by the University ("the Lukenya University established by this Charter;") . Section 35(3) The Common Seal of the University ("the Lukenya University established by this Charter;") shall be authenticated by the signatures of the Vice-Chancellor and or other person duly authorised by the Council ("the Council of the University established under paragraph 18 of this Charter;") . Section 35(4) The Common Seal of the University ("the Lukenya Univ...

Section 36.Statutes Section 36(1)(a) establish colleges, campuses, faculties, institutes and schools of the University ("the Lukenya University established by this Charter;") ; Section 36(1)(b) provide a description of degrees, diplomas and certificates offered by the University ("the Lukenya University established by this Charter;") ; Section 36(1)(c) define the requirements for conferment of degrees and award of diplomas and certificates; Section 36(1)(d) provide for the manner in which examinations shall be conducted; Section 36(1)(e) set the terms and conditions of service, and schemes of service, including the appointment, dismissal and recommendation of retirement benefits of the members of staff of the University ("the Lukenya University established by this Charter;") ; Section 36(1)(f) describe the constitution and procedure of meeting of the Council ("the Council of the University established under paragraph 18 of this Charter;") , and the establishment, composition and terms of reference of committees of the Council ("the Council of the University established under paragraph 18 of this Charter;") ; Section 36(1)(g) prescribe the rules and regulations for the Students’ Ass...

Section 37. Protection of Name Section 37(1) Notwithstanding the provisions of any other written law, no public officer performing the function relating to the registration of companies or business names shall accept for such registration any name which includes the words "Lukenya" , and "University" together in any order, unless the application for such registration is accompanied by the written consent of the Board of Trustees ("the Board of trustees of Lukenya University Trust established under the Trustee (Perpetual Succession Act );") and the Council ("the Council of the University established under paragraph 18 of this Charter;") . Section 37(2) Any person who, except with the written consent of the Council ("the Council of the University established under paragraph 18 of this Charter;") , uses the words "Lukenya" and "University" , together in any order and in furtherance of, or in connection with any advertisement for any trade, business, publication, calling or profession, shall be guilty of an offence. Section 37(3) Nothing in this paragraph shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to such person of any degree...

Section 38. Variation and Revocation of this Charter Section This Charter may be varied or revoked as provided for in the Act ("the Universities Act, 2012 ();") .

Section 39. Dissolution of theUniversity Section Subject to the provisions of this Charter, if in the event of the dissolution or winding up of the University ("the Lukenya University established by this Charter;") , there shall remain, after the satisfaction of all its debts and liabilities, any funds, assets or property they will be vested in the Board of Trustees ("the Board of trustees of Lukenya University Trust established under the Trustee (Perpetual Succession Act );") .

Section 40. Interpretation of this Charter Section This Charter shall be valid and effectual in law according to its true intent and meaning and shall be construed, subject to the provisions of the Universities Act ("the Universities Act, 2012 ();") , in the best interest of the University ("the Lukenya University established by this Charter;") and the promotion of its objectives.

Section 41. Transitional Section 41(1) The Council ("the Council of the University established under paragraph 18 of this Charter;") in place at the time of grant of this Charter, shall continue to be in place for the remainder of their term after which appointment shall be made in accordance with this Charter. Section 41(2) The Council ("the Council of the University established under paragraph 18 of this Charter;") in place at the time of grant of this Charter may make Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") for the University ("the Lukenya University established by this Charter;") under this Charter and the Statutes ("statutes of the University made by the Council as provided under paragraph 37 of this Charter;") so made shall be deemed to be made under this Charter. Section 41(3) The persons occupying the offices of the Vice-Chancellor and the Deputy Vice- Chancellors of Lukenya University ("the Lukenya University established by this Charter;") immediately before the award of this Charter, shall continue to discharge their responsibilities and exercise such powers as set out in the Act ("the Universities Act, 2...