The Bomet University College Order

This Order may be cited as the Bomet University College Order.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 145 of 2017
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Order may be cited as the Bomet University College Order. Section 2 lists defined terms and their meanings used in this Order (interpretation/definitions). Establishes the Bomet University College as a constituent college of the Moi University, Eldoret. The University College is assigned multiple functions including providing university education and training, undertaking research and knowledge transmission, conducting examinations and admitting qualified candidates without discrimination. The University College must award degrees and postgraduate diplomas that are those conferred by Moi University, and it has power to grant diplomas, certificates or other academic qualifications authorized by its Statutes.

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Provisions of The Bomet University College Order

Showing 27 of 27

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: This Order may be cited as the Bomet University College Order.

Section 1. Citation Section This Order may be cited as the Bomet University College Order.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: Section 2 lists defined terms and their meanings used in this Order (interpretation/definitions).

Section 2. Interpretation Section In this Order, unless the context otherwise requires— “Academic Board” means the Academic Board of the University College established under paragraph 13; “Act” means the Universities Act (Cap. 210); “alumni association” means the alumni association of the University College established under paragraph 16; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to higher education; “Chancellor” means the Chancellor of Moi University, Eldoret; "Council” means the Council of the University College established under paragraph 11; “Deputy Principal” means the Deputy Principal appointed by the Council of the University College under paragraph 9; “faculty” means a faculty of the University College established under the Statutes; “financial year” means the financial year of the University College as provided for under paragraph 19; “graduate” means a person upon whom a degree has been conferred in accordance with section 5; “incapacity” means inability to perform functions of the office concerned; “institute” means an institute of the University College established under the Statutes; “lecturer” means a member of the staff of the University College who is, in terms of appointment, a Professor, an Associate Professor, Senior Lecturer, Lecturer, Assistant Lecturer, or Tutorial Assistant, or a person who holds any other teaching post which the Council has recognized as a post having academic status in the University College; “librarian” means the person appointed to be the librarian of the University College; “Management Board” means the Management Board of the University College established under paragraph 14; “Principal Secretary” means the Principal Secretary for the time being responsible for matters relating to higher education; “Principal” means the principal of the University College appointed under paragraph 8; “professor” means a professor of the University College; “Registrar” means the registrar appointed by the Council of the University College; “school” means a school of the University College established under the Statutes; “Senate” means the senate of the University; “staff association” means an association of the staff recognized by the Council as being an association representative of the staff of the University College; “Statutes” means Statutes of the University College made by the Council under this Order; “student” means a person registered by the University College for the purposes of obtaining a qualification of the University College or any other person who is determined by the Academic Board to be a student; “students’ organization” means an association of the students recognized by the Council being an organization representative of the students of the University College; “University College” means the Bomet University College established under paragraph 3; “University” means the Moi University, Eldoret; and “Vice-Chancellor” means the Vice-Chancellor of the University.

Part II

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY COLLEGE

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ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY COLLEGE - 3. Establishment of the University College

AI-assisted research summary: Establishes the Bomet University College as a constituent college of the Moi University, Eldoret.

Section 3. Establishment of the University College Section 3(1) There is established a university college to be known as the Bomet University College which shall be a constituent college of the Moi University, Eldoret. 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 and 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 Order which may be done by a body corporate.
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ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY COLLEGE - 4. Functions and Objects of the University College

AI-assisted research summary: The University College is assigned multiple functions including providing university education and training, undertaking research and knowledge transmission, conducting examinations and admitting qualified candidates without discrimination.

Section 4. Functions and Objects of the University College Section 4(1)(a) provide directly, or in collaboration with other institutions of higher learning, facilities for university education (including technological, scientific and professional education), integration of teaching, research and effective application of knowledge and skills to the life, work and welfare of the citizens of Kenya; Section 4(1)(b) participate in the discovery, transmission and preservation and enhancement of knowledge and to stimulate the intellectual participation of students in the economic, social, cultural, scientific and technological development of Kenya; Section 4(1)(c) provide and advance university education and training to appropriately qualified candidates, leading to the conferment of degrees and award of diplomas and certificates and such other qualifications as the Council and the Senate shall from time to time determine and in so doing, contribute to manpower needs; Section 4(1)(d) conduct examinations for such academic awards as may be provided in the statutes pertaining to the University College; Section 4(1)(e) examine and make proposals for new faculties, schools, institutes, departments, resource and research centres, degree courses and subjects of study; Section 4(1)(f) play a leading role in the development and expansion of the opportunities for higher education and research; Section 4(1)(g) contribute to industrial and technological developments through innovations and technology transfer; Section 4(1)(h) develop as an institution of excellence in teaching, training, scholarship, entrepreneurship, innovation, research and consultancy services; Section 4(1)(i) participate in commercial ventures the benefit of the institution, stakeholders: and other activities for the community and stakeholders; Section 4(1)(j) contribute to agriculture, industrial and technological development of Kenya in collaboration with industrial and other institutions through the transfer of appropriate technology; Section 4(1)(k) develop and provide educational, cultural, professional, technical and vocational services to the community and in particular foster corporate social responsibility and the practical arts; Section 4(1)(l) provide programmes, products and services in ways that reflect the principles of equity and social justice; Section 4(1)(m) facilitate student mobility between different programmes at different training institutions, universities and industry; and Section 4(1)(n) foster the general welfare of all staff and students. Section 4(2) Admission to the University College as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Academic Board in accordance with this Order and the Act without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, colour, creed, physical ability or gender; and no barrier based on any such distinction shall be imposed upon any person as a condition of their becoming, or continuing to be, a professor, lecturer, graduate or student of the University College, or of their holding any office therein, nor shall any preference be given to, or advantage withheld from any person on the grounds of any such distinction.
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ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY COLLEGE - 5. Conferment of Degrees and Award of Certificates and Diplomas

AI-assisted research summary: The University College must award degrees and postgraduate diplomas that are those conferred by Moi University, and it has power to grant diplomas, certificates or other academic qualifications authorized by its Statutes.

Section 5. Conferment of Degrees and Award of Certificates and Diplomas Section 5(1) The degrees and postgraduate diplomas to be awarded by the University College shall be the degrees and postgraduate diplomas conferred by the Moi University, Eldoret. Section 5(2) Notwithstanding subparagraph (1), the University College shall have powers to grant diplomas, certificates, or other academic qualifications which may, for the time being, be authorized by the Statutes of the University College.
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ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY COLLEGE - 6. Award of Scholarships, Bursaries and other Awards

AI-assisted research summary: The University College may award scholarships, bursaries, prizes and other awards, subject to this Order and to provisions of the Statutes.

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

Part III

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 10. Deans, Directors and Chairpersons of Departments

AI-assisted research summary: The Council must appoint, after a competitive process, a Dean, Director or Chairperson for each faculty, school, institute, centre, or department; appointed persons shall be the academic and administrative head, hold office on terms and periods set by the Statutes and may be reappointed for one further term.

Section 10. Deans, Directors and Chairpersons of Departments Section 10(1) The Council shall, after a competitive process, appoint for each faculty, school, institute, centre, or a department, a Dean, Director, or a Chairperson who shall be the academic and administrative head of the faculty, school, institute, centre, or department and shall, under the general direction of the Principal, have such powers and duties as may be provided by Statutes. Section 10(2) A person appointed as Dean, Director or Chairperson shall hold office upon such terms and for such period as may be provided by the Statutes and shall, upon the expiration of that period, be eligible for reappointment for one further term.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 11. The Council

AI-assisted research summary: The provision establishes a Council appointed by the Cabinet Secretary; the Principal is the Council's secretary; council members (other than ex officio) serve three-year terms and may be reappointed once; the Principal must notify appointing authority when a member's office becomes vacant; the Council must act with prudent leadership and good judgment.

Section 11. The Council Section 11(1) There shall be a Council of the University College which shall be appointed by the Cabinet Secretary in accordance with section 36 of the Act. Section 11(2) The Principal shall be the secretary to the Council. Section 11(3) Subject to subparagraph (4), a member of the Council other than an ex officio member shall hold office for a period of three years but shall be eligible for reappointment for one further term. Section 11(4)(a) if, not being an ex officio member, the member resigns from office in writing addressed to the Principal; Section 11(4)(b) if the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the functions of the office; and Section 11(4)(c) upon death of the member. Section 11(5) Where the office of a member of the Council becomes vacant, the Principal shall forthwith notify the vacancy to the appointing authority. Section 11(6) The Procedure, conduct and regulation of the affairs of the Council shall be in accordance with the Order and the Statues. Section 11(7) The Council shall exercise prudent leadership, innovative enterprise, and good judgment in directing the University College in the best interest of the University College.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 12. Functions of the Council

AI-assisted research summary: Specifies the functions of the Council, including administration of property and funds, receiving and disbursing money, approving staff terms, staff and student welfare, entering associations, making student regulations (after Academic Board consultation), document signing, management and oversight duties, annual financial viability review, and legal compliance.

Section 12. Functions of the Council Section 12(1)(a) shall administer the property and funds of the University College in a manner and for the purposes which shall promote the interest of the University College; but the Council shall not charge or dispose of immovable property of the University College except in accordance with the procedures laid down by the Government of Kenya; Section 12(1)(b) shall receive, on behalf of the University College, donations, endowments, gifts, grants or other moneys and make disbursements therefrom to the University College or other bodies or persons; Section 12(1)(c) shall approve the appointment criteria and the terms and conditions of service of staff; Section 12(1)(d) shall provide for the welfare of the staff and students of the University College; Section 12(1)(e) may enter into association with other universities, university colleges or other institutions of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate; and Section 12(1)(f) may, after consultation with the Academic Board, make regulations governing the conduct and discipline of the students of the University College. Section 12(2) All documents, other than those required by law to be under seal, made on behalf of the Council, and all decisions of the Council, may be signed under the hand of the Chairperson the Principal or any other members of the Council generally or specifically authorized by the Council in that behalf. Section 12(3) The Council shall ensure that a proper management structure is in place and that the structure functions to maintain corporate integrity, reputation and responsibility of the University College. Section 12(4) The Council shall monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University College. Section 12(5) The Council shall constantly review the viability and financial sustainability of the University College, and shall do so once every year. Section 12(6) The Council shall ensure that the University College complies with all the relevant laws, regulations, governance practices, accounting and auditing standards.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 13. The Academic Board

AI-assisted research summary: Section 13 lists members of the Academic Board and assigns roles (the Principal as Chairperson; the Deputy Principal for academics as Secretary) and sets the Board's functions including assuring academic standards, proposing Regulations to the Senate, deciding awards, and making other Regulations.

Section 13. The Academic Board Section 13(1)(a) the Principal, who shall be the Chairperson; Section 13(1)(b) the Deputy Principals; Section 13(1)(c) the Deans of the Schools, and Directors of Institutes and Centres; Section 13(1)(d) the heads of the teaching departments of the University College; Section 13(1)(e) the Registrar in charge of academic affairs; Section 13(1)(f) the Librarian; Section 13(1)(g) the Dean of students; Section 13(1)(h) the Director of ICT services; Section 13(1)(i) one representative of each of the faculty or school boards appointed by the respective boards from among its members; and Section 13(1)(j) two members elected by the students' organization, who shall not be entitled to attend deliberations of the Academic Board on matters which are considered by the Chairperson of the Academic Board to be confidential and which relate to examinations, the general discipline of students, and other related matters. Section 13(2) The Deputy Principal for the time being in-charge of academics shall be the Secretary to the Academic Board. Section 13(3)(a) to satisfy itself regarding the content and academic standard of any course of study in respect of any degree diploma certificate or other award of the University College and to report its findings thereon to the Senate; Section 13(3)(b) to propose Regulations for consideration by the Senate regarding the eligibility of persons for admission to a course of study; Section 13(3)(c) to propose Regulations for consideration by the Senate regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificate or other award of the University College; Section 13(3)(d) to decide which persons have attained the prescribed standard of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other award of the University College and to report its decision thereon to the Senate; and Section 13(3)(e) to make Regulations governing such other matters as are within its powers in accordance with this Order or the Statutes. Section 13(4) Notwithstanding any of the provision of this Order, the Senate shall not initiate any action in respect of paragraph (a), (b), (c) or (d) of subparagraph (3) except upon receipt of a report or proposal thereunder and the Senate shall not reject any such report, or reject or amend any regulations as proposed without further reference to the Academic Board.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 14. Management Board

AI-assisted research summary: Section 14 names the Management Board membership (Principal as Chairperson; Deputy Principal in charge of finance and administration as Secretary; Deputy Principals; Registrars; Finance Officer; and other senior management members determined by Council) and lists management functions including efficient management of resources, planning, revenue strategy, policy proposals, coordination of plans and other management matters.

Section 14. Management Board Section 14(1)(a) the Principal, who shall be the Chairperson; Section 14(1)(b) the Deputy Principal for the time being in charge of finance and administration, who shall be the Secretary; Section 14(1)(c) the Deputy Principals; Section 14(1)(d) the Registrars; Section 14(1)(e) the Finance Officer; and Section 14(1)(f) such other member of senior management as the Council may determine. Section 14(2)(a) the efficient management of the human, resources, programmes, facilities and finances of the University College; Section 14(2)(b) planning for the development and needs of the University College; Section 14(2)(c) developing strategies for the generation of revenue to secure adequate financial support for the University College; Section 14(2)(d) making proposals to the Council and the Academic Board on policies that have University-wide application; Section 14(2)(e) the coordination of the University College strategic and development plans; and Section 14(2)(f) any other matters related to the management of the University College.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. Students' Association

AI-assisted research summary: There shall be a students' Association which shall be established in accordance with the Statues.

Section 15. Students' Association Section There shall be a students' Association which shall be established in accordance with the Statues.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 16. Alumni Association

AI-assisted research summary: There shall be an Alumni Association of the University College consisting of graduates of the University College and other persons prescribed by the Statutes.

Section 16. Alumni Association Section 16(1) There shall be an Alumni Association of the University College which shall consist of graduates of the University College and such other persons as may be prescribed by the Statutes. Section 16(2)(a) to bring together graduates and former students of the University College; Section 16(2)(b) to engage in fundraising activities to assist the University College; and Section 16(2)(c) to promote the welfare and image of the University College.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 17. Staff of the University college

AI-assisted research summary: Section 17 lists categories of University College staff and states that the Council may delegate the power to appoint staff.

Section 17. Staff of the University college Section 17(1)(a) the Principal; Section 17(1)(b) the Deputy Principals; Section 17(1)(c) Deans and Directors; Section 17(1)(d) Chairpersons of Departments; Section 17(1)(e) the Librarian; and Section 17(1)(f) all members of staff who are engaged in teaching, research and outreach. Section 17(2)(a) the Principal; Section 17(2)(b) the Deputy Principals; Section 17(2)(c) the Registrars; Section 17(2)(d) the Chairpersons of Departments; Section 17(2)(e) the Finance Officer; Section 17(2)(f) the Deans; Section 17(2)(g) the Directors; and Section 17(2)(h) such other members of staff, not engaged in teaching or research, as the Council may from time to time determine. Section 17(3) The technical staff of the University College shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, and as the Council may from time to time determine. Section 17(4) The support staff of the University College shall consist of those staff engaged in general duties and as the Council may from time to time determine. Section 17(5)(a) in the manner and upon the terms and conditions of service prescribed by the Statutes; or Section 17(5)(b) in the case of a person seconded to the service of the University College from the service of another institution, the Government or any other public service, on terms and conditions agreed upon between the Council and the seconding body. Section 17(6) The Council may, subject to such restrictions as it may impose, delegate, either generally or specially, to any person, committee, or body, the power to appoint any member of the staff of the University College. Section 17(7)(a) be subject to the general authority of the Council and of the Principal; and Section 17(7)(b) be deemed to be employed in accordance with the statutes or as otherwise specifically provided by the statutes or by the terms of a particular appointment.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 18. Performance of Functions in the Event of Incapacity of an Office Holder

AI-assisted research summary: Specifies who may be appointed to perform the Principal's functions when an office-holder is incapacitated, including time limits of up to three months.

Section 18. Performance of Functions in the Event of Incapacity of an Office Holder Section 18(1) In the event of the incapacity of the Principal, the Council may appoint one of the Deputy Principals to carry out the functions of the Principal for a period of up to three months. Section 18(2) In the event of the simultaneous incapacity of the Principal and the Deputy Principals, the Chairperson of the Council in consultation with the Chancellor may appoint any member of the academic staff of the University College to perform the functions of the Principal for a maximum of three months. Section 18(3) In the event of the incapacity of a member of staff of the University College other than the Principal and Deputy Principals, the Principal may appoint a suitable person to perform the functions of the said officer for a period of up to three months.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 7. Membership of the University College

AI-assisted research summary: Section names the Chancellor of Moi University, Eldoret in relation to membership of the University College.

Section 7. Membership of the University College Section the Chancellor of the Moi University, Eldoret;
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 8. The Principal

AI-assisted research summary: Defines the Principal of the University College, the Principal's roles and term, and allows the Cabinet Secretary to appoint the first Principal in acting capacity for six months on the Council's recommendation.

Section 8. The Principal Section 8(1) There shall be a Principal of the University College who shall be appointed through a competitive process in accordance with section 35 (1)(a)(v) of the Act. Section 8(2)(a) be the academic and administrative head of the University College; Section 8(2)(b) have overall responsibility of the direction, organization, administration and programmes of the University College; and Section 8(2)(c) have such powers and duties as may be provided by the Statutes. Section 8(3) The Principal shall hold office upon such terms of five years and shall be eligible for re-appointment for a further term of five years. Section 8(4) Notwithstanding subparagraph (1), the Cabinet Secretary may appoint the first Principal of the University College in an acting capacity for a period of six months on the recommendation of the Council of the Moi University, Eldoret, after which the appointment process shall be conducted in accordance with subparagraph (1).
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 9. The Deputy Principal

AI-assisted research summary: Creates the office of Deputy Principal; the Deputy Principal holds office for five years and is eligible for a further five-year term.

Section 9. The Deputy Principal Section 9(1) There shall be a Deputy Principal of the University College who shall be appointed through a competitive process in accordance with Section 35 (1)(a)(v) of the Act. Section 9(2) The Deputy Principal shall hold office for a term of five years and shall be eligible for further term of five years.

Part IV

FINANCIAL PROVISIONS

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FINANCIAL PROVISIONS - 19. Financial Year

AI-assisted research summary: The University College's financial year runs from 1 July to 30 June of the following year.

Section 19. Financial Year Section The financial year of the University College shall be the period of twelve months commencing on the 1st July and ending on the 30th June in the following year.
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FINANCIAL PROVISIONS - 20. Investment of Funds

AI-assisted research summary: The Council may invest the University College's funds in approved securities and may deposit money not immediately needed in banks it chooses.

Section 20. Investment of Funds Section 20(1) The Council may invest any of the funds of the University College in securities, treasury bonds, trust funds or in any other securities which the Treasury may, from time to time, approve. Section 20(2) The Council may place on deposit with such banks as it may determine, any moneys not immediately required for the purposes of the University College.
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FINANCIAL PROVISIONS - 21. Annual Estimates

AI-assisted research summary: The Council must prepare and approve annual revenue and expenditure estimates before each financial year; the University College must consult the government grants agency when drawing estimates; the Council must submit estimates to the Cabinet Secretary for approval and must not increase approved sums without that Secretary's consent.

Section 21. Annual Estimates Section 21(1) Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University College for that year. Section 21(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University College; Section 21(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 College; Section 21(2)(c) for the proper maintenance of the buildings and grounds of the University College; Section 21(2)(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University College; Section 21(2)(e) for the funding of the cost of teaching, research and outreach activities of the University College; and Section 21(2)(f) for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of building or equipment and in respect of such other matters as the Council may deem fit. Section 21(3) In drawing its annual estimates and development plans, the University College shall consult with the Government agency responsible for university grants. Section 21(4) The 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 Cabinet Secretary for approval, and after such approval, the Council shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary. Section 21(5) Expenditure shall not be incurred for the purpose of the University College except in accordance with the annual estimates approved under subparagraph (4) or in accordance with an authorization of the Council given with the prior approval of the Cabinet Secretary.
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FINANCIAL PROVISIONS - 22. Accounts and Audit

AI-assisted research summary: The Council must keep proper books of accounts and statements of income/expenditure and assets/liabilities; the Controller and Auditor-General must audit the accounts and may send special reports to the Cabinet Secretary; section 24(3) and (4) of the Public Audit Act apply to such reports.

Section 22. Accounts and Audit Section 22(1) The Council shall cause to be kept all proper books of accounts of the income, expenditure and assets and of the University College. Section 22(2)(a) a statement of income and expenditure during that year; and Section 22(2)(b) a statement of the assets and liabilities of the University College on the last day of that year. Section 22(3) The accounts of the University College shall be audited by the Controller and Auditor-General in accordance with the Public Audit Act (Cap. 412B). Section 22(4) The Controller and Auditor-General may transmit to the Cabinet Secretary a special report on any matters incidental to his powers under this Order, and section 24 (3) and (4) of the Public Audit Act (Cap. 412B) shall apply to any report made under this paragraph.

Part V

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 23. The Common Seal and Signification of Documents

AI-assisted research summary: The provision sets rules on custody, authentication and legal notice of the University College's common seal: the Council directs its custody and use, the Principal (and any person authorized by Council) must sign to authenticate it, and documents with the duly authenticated seal are officially noticed and presumed valid unless proved otherwise.

Section 23. The Common Seal and Signification of Documents Section 23(1) The common seal of the University College shall be kept in such custody and used only as the Council shall direct. Section 23(2) The common seal of the University College shall be authenticated by the signatures of the Principal together with any other person duly authorized by the Council. Section 23(3) The common seal of the University College when affixed to any document and duly authenticated shall be judicially and officially noticed, and, unless and until the contrary is proved, any order or authorization of the Council under this paragraph shall be presumed to have been duly given.
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MISCELLANEOUS PROVISIONS - 24. Statutes

AI-assisted research summary: Council may make Statutes on specified academic and administrative matters; must consult Academic Board before making/amending/revoking Statutes about Principal or Academic Board; Statutes require a three‑quarters majority of members present and voting and at least two‑thirds of total membership; Statutes or Regulations are not published in the Gazette and certain sections of the Interpretation and General Provisions Act do not apply.

Section 24. Statutes Section 24(1)(a) establishment of faculties, schools, and institutes of the University College; Section 24(1)(b) description of degrees, diplomas, certificates, and other academic qualifications; Section 24(1)(c) requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications; Section 24(1)(d) conduct of examinations; Section 24(1)(e) prescribing fees and other charges; Section 24(1)(f) setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of the staff of the University College; Section 24(1)(g) constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and Section 24(1)(h) providing for or prescribing anything, which, under this Order, may be provided for or prescribed by Statutes. Section 24(2) Notwithstanding subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of the Principal or Academic Board without first ascertaining the opinion of the Academic Board. Section 24(3) Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourths of the members present and voting, being not less than two-thirds of the total membership of the Council. Section 24(4) Statutes or Regulations made by the Council under this Order shall not be published in the Gazette and sections 27, 31(e) and 34 of the Interpretation and General Provisions Act (Cap. 2) shall not apply to the Statutes or to the regulations.
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MISCELLANEOUS PROVISIONS - 25. Protection of Name

AI-assisted research summary: Public officers registering companies, businesses or societies must not accept names that include "Bomet" together with "University College" unless the Council has given written consent; using those words in advertisements without Council consent is an offence punishable by a fine not exceeding one million shillings or up to twelve months' imprisonment, or both, with a bona fide academic-degree use excepted.

Section 25. Protection of Name Section 25(1) Despite the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the words "Bomet" together with words "University College" unless the application for the registration is accompanied by the written consent of the Council. Section 25(2) Any person who except with the written consent of the Council, uses the words "Bomet" together with the word "University College" in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall be liable to a fine not exceeding one million shillings or imprisonment for a term of twelve months, or both: Provided that nothing in this paragraph shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of a degree, diploma or certificate by the University College.
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MISCELLANEOUS PROVISIONS - 26. Conversion into a Fully-Fledged University

AI-assisted research summary: The University may take administrative and legal steps to convert the University College into a fully‑fledged University; the status accorded to the University College as a constituent college of Moi University is transitional only.

Section 26. Conversion into a Fully-Fledged University Section The status accorded to the University College by this Order as a constituent college of Moi University, Eldoret, shall be transitional only and the University may initiate the necessary administrative and legal measures to ensure that the University College becomes a fully-fledged University.
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MISCELLANEOUS PROVISIONS - 27. Variation and Revocation of Order

AI-assisted research summary: The Order may be varied or revoked in accordance with the Act.

Section 27. Variation and Revocation of Order Section This Order may be varied or revoked in accordance with the Act.

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