The Charter for Alupe University
The Charter may be cited as the Alupe University Charter.
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- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 161 of 2022
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- Undated source snapshot
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- en
Source attribution: Source: Kenya Law
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About this statute
The Charter may be cited as the Alupe University Charter. Defines terms used in the Charter. Section 10(1) lists types of degrees, diplomas and awards that may be conferred; Section 10(2) permits the Council, on the recommendation of the Senate and subject to the Charter, to cancel or withdraw those awards. Subject to the Charter and any Statutes, the University may award scholarships, bursaries, prizes and other awards. Establishes Alupe University by name; declares it successor to Alupe University College; transfers to it the rights, duties, obligations, liabilities and assets of the College; and lists corporate capacities including suing and being sued, acquiring and disposing of property, receiving, investing, borrowing and lending money, and entering contracts.
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Provisions of The Charter for Alupe University
Showing 37 of 37
Part I
PRELIMINARY
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PRELIMINARY - 1. Short title
AI-assisted research summary: The Charter may be cited as the Alupe University Charter.
Section 1. Short title Section This Charter may be cited as the Alupe University Charter. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Defines terms used in the Charter.
Section 2. Interpretation Section In this Charter, unless the context requires otherwise— "Act" means the Universities Act (Cap. 210); "Administrative Staff" means a member of staff of the University in any of the Grades 5 to 15, who is appointed for general purposes of performing duties related to general management and administration of the University; "Alumni Association" means the organization of all graduates and former students of the University; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for university education; "Chairperson of the Council" means the Chairperson of the Council of the University as defined in this Charter; "Chairperson of Department" means a Chairperson of a teaching department as provided for in the Statutes; "Chancellor" means the Chancellor of the University; "Charter" means the Alupe University Charter; "College" means a College established within the University made under paragraph 8 of this Charter; but does not include a Constituent College; "constituent college" means a constituent College of the University established under paragraph 9 of this Charter; "Convocation" means the convocation of the University established under paragraph 22 of this Charter; "Council" means the Council of the University established under paragraph 15 of this Charter; "Dean" means a person appointed as a Dean of a School as provided for in the Statutes; "Deputy Vice-Chancellor" means a Deputy Vice-Chancellor appointed by the Council of the University under paragraph 20 of this Charter; "Director" means a person appointed by the Council as a Director in the University; "faculty" means a member of teaching staff of the University as provided for in the Statutes; "graduate" means a person upon whom a degree of the University has been conferred or to whom a qualification of the University has been awarded as may be determined by the Senate; "Institute" means an institute of the University established by the Statutes; "lecturer" means a member of the staff of the University who is appointed as a Professor, an Associate Professor, Senior Lecturer, Lecturer, Tutorial Fellow, Graduate Assistant, or a person who holds any other teaching or research post which the Council has recognized as a post having academic status in the University and includes Research Fellows, Research Professors; "School" means a School of the University established under the Statutes; "Senate" means the Senate of the University established under paragraph 18 of this Charter; "Statutes" means Statutes of the University made by Council under this Charter; "Student" means a person registered by the University for the purposes of receiving instructions in a particular area of study with a view to obtaining a qualification of the University or any other person who is determined by the Senate to be a student; "Students Association" means an association of the students recognized by the Council as being an organization representative of the students of the University and as provided for by paragraph 15 of this Charter; "support staff" means a member of staff of the University in any of the Grades 1 to 4 who is appointed for purposes of providing support services for the general management and administration of the University; "teaching staff" means a member of staff of the University who is, in terms of appointment, a lecturer or an instructor of the University; "Technical Staff" means a member of staff of the University who is appointed to conduct general clerical, laboratory and field courses, and assist in the conduct of lectures, demonstrations, examinations and research of the University; "University Management Board" means the University Management Board of the University provided by section 43 of the Act and paragraph 19 of this Charter; "University Secretary" means a person appointed by the Council as the University Secretary in the University; "University" means the Alupe University established under paragraph 3 of this Charter; "Vice-Chancellor" means the Vice-Chancellor of the University appointed under paragraph 17 of this Charter.
Part II
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
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ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 10. Conferment of Degrees and other Awards
AI-assisted research summary: Section 10(1) lists types of degrees, diplomas and awards that may be conferred; Section 10(2) permits the Council, on the recommendation of the Senate and subject to the Charter, to cancel or withdraw those awards.
Section 10. Conferment of Degrees and other Awards Section 10(1)(a) confer Bachelor’s, Postgraduate Diplomas, Master’s, and Doctoral degrees and such other degrees as may be provided for by the Statutes; Section 10(1)(b) grant Diplomas or Certificates or other awards; and Section 10(1)(c) confer an honorary degree 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 10(2) Subject to this Charter, the Council may, on the recommendation of the Senate, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards as may be provided for in the Statutes. - 11
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 11. Award of Scholarships
AI-assisted research summary: Subject to the Charter and any Statutes, the University may award scholarships, bursaries, prizes and other awards.
Section 11. Award of Scholarships Section Subject to this Charter, the University may award scholarships, bursaries and prizes and make other awards which may be provided for by the Statutes. - 3
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 3. Establishment and incorporation of the University
AI-assisted research summary: Establishes Alupe University by name; declares it successor to Alupe University College; transfers to it the rights, duties, obligations, liabilities and assets of the College; and lists corporate capacities including suing and being sued, acquiring and disposing of property, receiving, investing, borrowing and lending money, and entering contracts.
Section 3. Establishment and incorporation of the University Section 3(1) There is hereby established a university to be known as the Alupe University in accordance with the provisions of the Act and 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 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 provisions of this Charter which may be done by a body corporate. Section 3(3) The University shall be the successor to the Alupe University College established under the Alupe University Order of 2015. Section 3(4) All rights, duties, obligations, liabilities and assets held by Alupe University College or by any other body on behalf of Alupe University College existing immediately before the award of this Charter, shall automatically and fully be transferred to and vest in Alupe University and any reference to Alupe University College in any contract or document shall for all purposes be deemed to be a reference to the Alupe University. - 4
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 4. Vision and Mission
AI-assisted research summary: Vision: To be a world-class University committed to achieving academic excellence, integrity and quality research.
Section 4. Vision and Mission Section Vision: To be a world-class University that is committed to achieving academic excellence, integrity and quality research. - 5
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 5. Philosophy
AI-assisted research summary: The section states the university's philosophy is to educate, empower minds, and develop graduates' competencies through teaching, research and community outreach integrating technology, sciences and social sciences.
Section 5. Philosophy Section To educate to empower the mind and develop competencies through teaching, research and community outreach by integration of technology, sciences and the social sciences for the total growth of graduates. - 6
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 6. Core Values
AI-assisted research summary: Core Values: professionalism.
Section 6. Core Values Section professionalism; - 7
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 7. Aims, functions, and objectives of the University
AI-assisted research summary: Section 7 lists the aims, functions and objectives of the University, including providing education and training, conducting examinations, engaging in research and commercial activities, and promoting access to admission for persons qualified by the Senate.
Section 7. Aims, functions, and objectives of the University Section 7(1)(a) to provide directly, or in collaboration with other institutions of higher learning, facilities for university education including health, technology, scientific and professional education, integration of teaching, research and effective application of knowledge and skills to the life and work and welfare of the citizens of Kenya; Section 7(1)(b) to participate in the discovery, transmission and preservation and enhancement of knowledge and to stimulate the intellectual participation of students in the economic, social, scientific, technological and cultural development of Kenya; Section 7(1)(c) to provide and advance university education and training to appropriately qualified candidates leading to the conferment of degrees and the award of diplomas and certificates and such other qualifications as the Council and the Senate may determine from time to time and in so doing, contribute to the manpower needs; Section 7(1)(d) to conduct examinations for such academic awards as may be provided for in the Statutes of the University; Section 7(1)(e) to examine and make proposals for new faculties, schools, institutes, departments, resource and research centres, degree courses and subjects of study; Section 7(1)(f) to play a leading role in the development and expansion of the opportunities for higher education and research; Section 7(1)(g) to contribute to industrial and technological development through innovations and technology transfer; Section 7(1)(h) to develop as an institution of excellence in teaching, training, scholarship, entrepreneurship, innovations, research, and consultancy services; Section 7(1)(i) to participate in commercial ventures and other activities for the benefit of the University, the community and stakeholders; Section 7(1)(j) to contribute to agriculture, industrial and technological development of Kenya in collaboration with industry and other institutions through the transfer of appropriate technology; Section 7(1)(k) to develop and provide educational, cultural, professional, technical and vocational services to the community and in particular foster corporate social responsibility and the practical arts; Section 7(1)(l) to provide programmes, products and services, in ways that reflect the principles of equity and social justice. Section 7(1)(m) to facilitate student mobility between different programmes at different technical training institutions, universities and industry; Section 7(1)(n) to foster the general welfare of all staff and students; and Section 7(1)(o) to foster strong connections and collaboration with the Alumni for the development of the University. Section 7(2) Admission to the University as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Senate in accordance with this Charter and the Statutes without distinction of race, ethnicity, language, 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, 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. - 8
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 8. Establishment of Colleges and Campuses within the University
AI-assisted research summary: The Council may, on the advice of the Senate, establish Colleges and Campuses within the University.
Section 8. Establishment of Colleges and Campuses within the University Section 8(1) The Council may, on the advice of the Senate, establish Colleges and Campuses within the University whose functions and powers shall be provided for in the Statutes. Section 8(2) A College established within the University shall consist of such faculties, schools, institutes, departments, centers and other resource and administrative units as may be provided for by the Statutes. - 9
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 9. Establishment of Constituent Colleges
AI-assisted research summary: The Cabinet Secretary may, following Council advice and the Commission for University Education's recommendation and by order published in the Gazette, establish or declare an institution as a Constituent College of the University.
Section 9. Establishment of Constituent Colleges Section The Cabinet Secretary may, on the advice of the Council and recommendation of the Commission for University Education, by order published in the Gazette , establish or declare an institution of learning or higher education or any other training establishment to be a Constituent College of the University.
Part III
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
- 12
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 12. Membership of the University
AI-assisted research summary: Section 12 is titled "Membership of the University" and mentions "the Chancellor".
Section 12. Membership of the University Section the Chancellor; - 13
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 13. The Chancellor
AI-assisted research summary: There shall be a Chancellor of the University who shall be appointed and who shall hold office in accordance with the Act.
Section 13. The Chancellor Section There shall be a Chancellor of the University who shall be appointed and who shall hold office in accordance with the Act. - 14
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 14. The Council
AI-assisted research summary: Section 14 sets out the composition, appointment and governance responsibilities of the University Council, including appointment of the Chairperson by the President, terms of non-ex officio members, duties of the University Secretary, and the Council's powers and restrictions over university property, regulations, collaborations and oversight.
Section 14. The Council Section 14(1)(a) the Chairperson who shall be appointed by the President; Section 14(1)(b) the Principal Secretary in the Ministry for the time being responsible for university education; Section 14(1)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 14(1)(d) five other members appointed by the Cabinet Secretary in accordance with the provisions of the Act; and Section 14(1)(e) the Vice-Chancellor who shall be an ex officio member. Section 14(2) Subject to this paragraph, a member of the Council, other than an ex officio member, shall hold office for a term of three years, but shall be eligible for re-appointment for one further term. Section 14(3) There shall be a University Secretary who shall be appointed in accordance with the provisions of the Statutes and shall be responsible for organizing and keeping the records of the meetings of the Council. Section 14(4) Subject to the Act and this Charter, the Council may invite any person to attend its meetings to providing technical expertise or advice as and when necessary. Section 14(5)(a) not being an ex officio member, resigns from office by notice in writing addressed to the appointing authority through the Vice-Chancellor; Section 14(5)(b) is unable to exercise the functions of his office by reasons of physical or mental infirmity to the satisfaction of the appointing authority; Section 14(5)(c) is adjudged bankrupt by a court of competent jurisdiction or enters into a composition or scheme of arrangement for the benefit of creditors; Section 14(5)(d) is adjudged or declared by any competent court or tribunal to be of unsound mind; Section 14(5)(e) is convicted of an offence and is sentenced to imprisonment for a period of six months or more; Section 14(5)(f) is found guilty of gross misconduct; or Section 14(5)(g) dies. Section 14(6) Where the office of a member of the Council becomes vacant, the Vice-Chancellor shall forthwith notify the vacancy to the appropriate appointing authority. Section 14(7) The procedure, conduct and regulation of the affairs of the Council shall be determined in accordance with this Charter and the Statutes. Section 14(8) The Council shall exercise prudent leadership, innovative enterprise, and good judgment in directing the University and shall always act in the best interest of the University. Section 14(9)(a) shall administer the property and funds of the University in a manner and for the purposes which shall promote the interest of the University but the Council shall not charge or dispose of immovable property of the University except in accordance with the procedures laid down by the Government of Kenya; Section 14(9)(b) shall, on behalf of the University, receive donations, endowments, gifts, grants or other monies and make disbursements therefrom to the University or other bodies or persons; Section 14(9)(c) shall provide for the welfare of the students and staff of the University; Section 14(9)(d) may enter into collaborations and linkages with other universities, or other institutions of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate; Section 14(9)(e) may, after consultation with the Senate, make regulations governing the conduct and discipline of the students of the University in accordance with the Statutes; Section 14(9)(f) may, after consultation with the University Management Board, make regulations governing the conduct and discipline of the staff of the University in accordance with the Statutes. Section 14(10) 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 Chairperson, the Vice-Chancellor or any other members of the Council generally or specifically authorized by the Council on its behalf. Section 14(11) The Council shall ensure that a proper management structure is in place and make sure that the structure, functions of the Management Board maintains corporate integrity, reputation and responsibility. Section 14(12) The Council shall monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University. Section 14(13) The Council shall constantly review the viability and financial sustainability of the University, and shall do so at least once every quarter. Section 14(14) The Council shall ensure that the University complies with all the relevant laws, regulations, governance practices, accounting and auditing standards; and Section 14(15) shall perform such other duties as may be provided for in the Statutes. - 15
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. The Student Association
AI-assisted research summary: Creates a Student Association and a Student’s Council and sets out functions for the Student’s Council including overseeing and planning student activities, raising special needs to appropriate authorities, advising the Senate, and undertaking other governance-approved functions.
Section 15. The Student Association Section 15(1) There shall be a student’s association of the University as provided for by the Act and the Statutes whose membership shall be as prescribed in the association’s constitution. Section 15(2) There shall be a Student’s Council elected in accordance with section 41(3) of the Act. Section 15(3)(a) oversee and plan, in consultation with the Senate, students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being of students; Section 15(3)(b) draw to the attention of appropriate authority where necessary special needs from particular students; Section 15(3)(c) offer suggestions to the Senate on matters affecting the well-being of students; and Section 15(3)(d) undertake such other functions as provided for in its governance instruments and as may be approved by the Council. - 16
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 16. Alumni Association
AI-assisted research summary: There is an Alumni Association composed of graduates of Alupe University; the alumni association has the right to meet, discuss University matters, transmit resolutions to the Council and Senate, and may exercise other functions prescribed by the Act and Statutes.
Section 16. Alumni Association Section 16(1) There shall be an Alumni Association of the University which shall consist of the graduates of Alupe University. Section 16(2) The alumni association shall have the right to meet and discuss matters relating to the University and transmit resolutions thereon to the Council and the Senate and may exercise such other functions as the Act and the Statutes may prescribe.
Part IV
MANAGEMENT OF THE UNIVERSITY
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MANAGEMENT OF THE UNIVERSITY - 17. Vice-Chancellor
AI-assisted research summary: The University shall have a Vice-Chancellor who is the academic and administrative head, has overall responsibility for management, has powers and duties under the Statutes, and holds office for five years with eligibility for one further five-year term.
Section 17. Vice-Chancellor Section 17(1) There shall be a Vice-Chancellor of the University who shall be appointed in accordance with the Act. Section 17(2)(a) be the academic and administrative head of the University; Section 17(2)(b) have overall responsibility for the good and proper management of the University; and Section 17(2)(c) have such powers and duties as may be provided for by the Statutes. Section 17(3) The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term of five years. - 18
MANAGEMENT OF THE UNIVERSITY - 18. Senate
AI-assisted research summary: Defines the Senate's membership and extensive academic functions; names the Deputy Vice-Chancellor (Academic Affairs, Research and Student Affairs) as Secretary to the Senate and limits the Council's action on academic matters to matters reported by the Senate.
Section 18. Senate Section 18(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 18(1)(b) the Deputy Vice-Chancellors; Section 18(1)(c) the Principal of each Constituent College; Section 18(1)(d) the Principals of each College within the University; Section 18(1)(e) the Deans of Schools, Directors of institutes, Centres and other academic units; Section 18(1)(f) the Chairpersons of Departments; Section 18(1)(g) the full Professors of the University; Section 18(1)(h) the Corporation Secretary or Chief Legal Officer; Section 18(1)(i) two members elected by the academic board or equivalent body, if any, of each Constituent College from among the members of such board or body; Section 18(1)(j) the University Librarian; Section 18(1)(k) one representative of each of the College Academic Boards appointed by the respective boards from amongst its members; Section 18(1)(l) one representative of each of the school academic boards appointed by the respective boards from amongst its members; Section 18(1)(m) the Dean of Students; Section 18(1)(n) the Director of Information, Communication and Technology services of the University; Section 18(1)(o) the Director of Quality Assurance; Section 18(1)(p) two members elected by the students’ organization, who shall however not be entitled to attend deliberations of the Senate on matters which are considered by the Chairperson of the Senate to be confidential or which relate to examinations, the general discipline of students, or other related matters; and Section 18(1)(q) such other member as the Council may determine in accordance with the Statutes. Section 18(2) The Deputy Vice-Chancellor (Academic Affairs, Research and Student Affairs) shall be the Secretary to the Senate. Section 18(3)(a) to recommend to the Council the establishment, or abolition or harmonization of Faculties, Schools, Institutes, Units, Departments, and Centres as the Senate may from time to time deem necessary; Section 18(3)(b) subject to the Act, to make recommendations to the Council for the establishment, abolition or supervision of degree and other academic programmes and their titles in the University; Section 18(3)(c) to set the dates of the academic year and to determine the schedule of academic programmes within the academic year; Section 18(3)(d) to approve all syllabi of the University; Section 18(3)(e) to make regulations governing methods of assessing and examining the academic performance of students; Section 18(3)(f) to evaluate academic records of both undergraduate and postgraduate candidates for the purpose of admission into the University; Section 18(3)(g) to regulate the conduct of examinations; Section 18(3)(h) to appoint internal and external examiners and recommend to the Council the terms and conditions for their appointment; Section 18(3)(i) to approve the examination results; Section 18(3)(j) subject to the Act, to approve the award of degrees including the award of honorary degrees and other academic distinctions; Section 18(3)(k) to determine which qualifications or credits from other universities or institutions shall be acceptable as equivalent to particular qualifications of the University; Section 18(3)(l) to determine the procedure to be followed in the conferment of the degrees and other awards; Section 18(3)(m) to determine the design of academic dress and prescribe its use; Section 18(3)(n) to evaluate research, teaching, staffing and general work of anybody or a section of the University and if it so wishes to report and make recommendations thereon to the Council; Section 18(3)(o) to promote and administer the extra-mural, external and extension work of the University; Section 18(3)(p) to promote research and innovation work in the University; Section 18(3)(q) to promote co-operation and linkages with other institutions of higher learning and industry; Section 18(3)(r) to make regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards; Section 18(3)(s) to develop, implement and promote quality assurance systems and structures in all University operations; Section 18(3)(t) to promote the welfare of students and staff in the University; Section 18(3)(u) to propose regulations and procedures for the discipline of students and make recommendations thereof to the Council; Section 18(3)(v) to discontinue a student from a programme of study on academic grounds; Section 18(3)(w) to receive proposals from various Boards and Faculties, Institutes, Schools, Centers and to consider their recommendations and make appropriate decision; Section 18(3)(x) to recommend to the Council appropriate criteria for appointment and promotion of academic staff of the University; Section 18(3)(y) to review the Statutes from time to time and to present recommendations thereon to the Council provided that the Statutes shall be reviewed at least once every five years; Section 18(3)(z) to determine general policy matters relating to the library, laboratory facilities, teaching aids, workshops and such other academic services which are in its view necessary for the furtherance of the academic objectives of the University. Section 18(4) The Senate shall exercise such other powers as may be conferred to the Senate by the Act, the Statutes or by the regulations and to do such other acts as the Council may authorize. Section 18(5) Notwithstanding the provisions of this Charter, the Council shall not initiate any action in respect of academic matters except upon receipt of a report or proposal, from the Senate and the Council shall not reject any such report, or reject or amend any regulations as proposed without further reference to the Senate. - 19
MANAGEMENT OF THE UNIVERSITY - 19. The University Management Board
AI-assisted research summary: Establishes a University Management Board and requires it to perform functions set out in the Charter and Statutes.
Section 19. The University Management Board Section 19(1) There shall be a University Management Board which shall perform the functions provided for in this Charter and the Statutes. Section 19(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 19(2)(b) the Deputy Vice-Chancellors; Section 19(2)(c) the Principals of Colleges within the University; Section 19(2)(d) the Finance Officer; Section 19(2)(e) the Corporation Secretary; Section 19(2)(f) the Chief Legal Officer; and Section 19(2)(g) such other member of senior management as the Council may determine in accordance with the Statutes. Section 19(3)(a) the efficient management of the human, physical, and financial resources of the University; Section 19(3)(b) making proposals to the Council and the Senate on policies that have a University-wide application; Section 19(3)(c) coordination of the University strategic and development plans; and Section 19(3)(d) any other matters related to the management of the University. - 20
MANAGEMENT OF THE UNIVERSITY - 20. The Deputy Vice-Chancellors
AI-assisted research summary: The Council must appoint at least two Deputy Vice-Chancellors; Deputy Vice-Chancellors serve five-year terms, may be re-appointed for one further five-year term, and under the Vice-Chancellor must exercise powers and duties provided by the Statutes.
Section 20. The Deputy Vice-Chancellors Section 20(1) The Council shall appoint two or more Deputy Vice-Chancellors in accordance with the Statutes and the Deputy Vice-Chancellors shall, under the general authority of the Vice-Chancellor, exercise such powers and perform such duties as may be provided for by the Statutes. Section 20(2) A Deputy Vice-Chancellor shall hold office upon such terms as may be provided for by the Statutes and shall serve for a term of five years and shall be eligible for re-appointment for one further term of five years. - 21
MANAGEMENT OF THE UNIVERSITY - 21. The Principals of Colleges within the University
AI-assisted research summary: The Council must appoint a Principal for each college, who will be the academic and administrative head and, under the Vice-Chancellor's authority, shall have other powers and duties as provided by the Statutes; the Principal holds office on terms in the Statutes, serves for five years and may be re-appointed for one further term.
Section 21. The Principals of Colleges within the University Section 21(1) The Council shall, for each college within the University and in accordance with the Statutes, appoint a Principal for each college who shall be the academic and administrative head of the college and shall, under the general authority of the Vice-Chancellor, have such other powers and duties as may be provided for by the Statutes. Section 21(2) The Principal shall hold office upon such terms as may be provided for by the Statutes and shall serve for a period of five years and shall be eligible for re-appointment for one further term. - 22
MANAGEMENT OF THE UNIVERSITY - 22. The Convocation
AI-assisted research summary: The convocation is made up of graduates, faculty and other persons prescribed by the Statutes; it has the right to meet and discuss University matters and to transmit resolutions to the Council and the Senate, and may exercise other functions provided by the Statutes.
Section 22. The Convocation Section 22(1) There shall be a convocation of the University which shall consist of the graduates of the University, faculty members and such other persons as may be prescribed by the Statutes. Section 22(2) The convocation shall have the right to meet and discuss any matter relating to the University and transmit resolutions thereon to the Council and the Senate, and may exercise such other functions as may be provided for in the Statutes. - 23
MANAGEMENT OF THE UNIVERSITY - 23. The Staff of the University
AI-assisted research summary: Section 23 defines categories of University staff (teaching, senior management, administrative, technical, support) and states that the Council may delegate the power to appoint staff.
Section 23. The Staff of the University Section 23(1) The teaching staff of the University shall consist of all the members of staff who are engaged in teaching and research. Section 23(2) The senior management staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges of the University, the Finance Officer, the Corporation Secretary and Chief Legal Officer and such other members of staff as the Council may determine from time to time. Section 23(3) The administrative staff of the University shall consist of the Registrars, the Directors and such other members of staff engaged in general administration as the Council may determine from time to time. Section 23(4) The technical staff of the University 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, and as the Council may from time to time determine. Section 23(5) The support staff of the University shall consist of the staff engaged in support services and such other persons as the Council may determine from time to time. Section 23(6)(a) in the manner and upon the terms and conditions of service prescribed by the Statutes; or Section 23(6)(b) in the case of a person seconded to the service of the University 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 23(7) The Council may, subject to such restrictions as it may impose, delegate, either generally or specifically, to any person, committee, or body, the power to appoint any member of the staff of the University. Section 23(8)(a) be employed in accordance with the Statutes or as otherwise specifically provided by the Statutes or by the terms of a particular appointment; and Section 23(8)(b) be subject to the general authority of the Council and of the Vice-Chancellor. - 24
MANAGEMENT OF THE UNIVERSITY - 24. Performance of Functions in Absence of Office Holders
AI-assisted research summary: When certain office-holders are incapacitated, the Council or Vice-Chancellor may or must appoint specified substitutes to perform the Vice-Chancellor's or other officers' functions, each appointment limited to a maximum of 180 calendar days.
Section 24. Performance of Functions in Absence of Office Holders Section 24(1) In the event of the incapacity of the Vice-Chancellor, the Council 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 24(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council may appoint one of the Principals of Colleges within the University 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 24(3) In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges within the University, the Council may appoint a member of the academic staff at the level of professor 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 24(4) In the event of the incapacity of any member of staff of the University other than the Vice-Chancellor and Deputy Vice-Chancellors, the Vice-Chancellor may appoint a suitable person to perform the functions of the said officer during the period of incapacity subject to a maximum of one hundred and eighty calendar days. Section 24(5) In this paragraph, "incapacity" includes absence from Kenya and inability for any reason to perform the functions of the office concerned or as may be provided for in the Statutes.
Part V
FINANCIAL PROVISIONS
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FINANCIAL PROVISIONS - 25. Annual Estimates
AI-assisted research summary: The Council must prepare and approve annual estimates of the University's revenue and expenditure before the start of each financial year, submit them to the Cabinet Secretary for approval, and may not increase any sums after the Cabinet Secretary's approval without that Secretary's consent.
Section 25. Annual Estimates Section 25(1) Before the commencement of a financial year, the Council shall cause to be prepared estimates of all revenue and expenditure of the University for that year. Section 25(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 25(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; Section 25(2)(c) for the proper maintenance of the buildings and grounds of the University; Section 25(2)(d) for the proper maintenance, repair and replacement of plant, equipment and other movable property of the University; Section 25(2)(e) for the funding of the cost of teaching, research and outreach activities of the University; Section 25(2)(f) for development purposes; and Section 25(2)(g) for the creation of such funds to meet future or contingent liabilities in respect of death benefits insurance or replacement of building, plant and equipment and in respect of such other matters as the Council may deem fit. Section 25(3) 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 the Cabinet Secretary has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary. Section 25(4) No expenditure shall be incurred for the purpose of the University except in accordance with the annual estimates approved under subparagraph (3) or in pursuance of an authorization of the Council given with the prior approval of the Cabinet Secretary. - 26
FINANCIAL PROVISIONS - 26. Funds of the university
AI-assisted research summary: Section 26 lists the sources of the university's funds: capitation grants; income-generating activities; loans from government and financial institutions; and other subscriptions, donations or bequests which the Council may, subject to other written law, regulations and guidelines, appeal for and receive from the public.
Section 26. Funds of the university Section 26(1)(a) capitation grants; Section 26(1)(b) income generating activities undertaken by the University; Section 26(1)(c) loans from government and financial institutions; and Section 26(1)(d) such other subscriptions, donations or bequests as the Council may, subject to any other written law, regulations and guidelines, appeal for and receive from the general public for the benefit of the University. Section 26(2) Unexpended balances of grants may be expended from one year to the next in accordance with provisions of section 46 of the Act. - 27
FINANCIAL PROVISIONS - 27. Accounts and Audit
AI-assisted research summary: The Council must keep audited books of income, expenditure and assets; the University accounts must be audited by the Auditor-General; the Auditor-General may send a special report to the Cabinet Secretary.
Section 27. Accounts and Audit Section 27(1) The Council shall cause to be kept audited proper books of accounts of the income, expenditure and assets of the University. Section 27(2)(a) a statement of income and expenditure during that year; and Section 27(2)(b) a statement of the assets and liabilities of the University on the last day of that year. Section 27(3) The accounts of the University shall be audited by the Auditor-General in accordance with the Public Audit Act (Cap. 412B). Section 27(4) The Auditor-General may transmit to the Cabinet Secretary a special report on any matters incidental to his powers under this Charter, the Act and the Public Audit Act (Cap. 412B) shall apply to any report made under this paragraph. - 28
FINANCIAL PROVISIONS - 28. Investment of Funds
AI-assisted research summary: The Council may invest University funds in approved securities and may deposit monies not immediately required with banks it chooses.
Section 28. Investment of Funds Section 28(1) The Council may invest any of the funds of the University in securities, treasury bonds, trust funds or in any other securities which the National Treasury may approve from time to time. Section 28(2) The Council may place on deposit with such banks as it may determine any monies not immediately required for the purposes of the University. - 29
FINANCIAL PROVISIONS - 29. Financial Year
AI-assisted research summary: The University's financial year is a period of twelve months starting on 1st July and ending on 30th June in the following year.
Section 29. Financial Year Section 29(1) The financial year of the University shall be the period of twelve months commencing on the 1st July and ending on 30th June in the following year. Section 29(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 fiscal year.
Part VI
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 30. Instruments of Governance
AI-assisted research summary: The University must display its governance instruments and must return original revoked instruments to the Commission within 14 days.
Section 30. Instruments of Governance Section 30(1) The University shall conspicuously display all its instruments of governance. Section 30(2) Where any instrument is revoked under this Charter, the University shall, within fourteen days of such revocation, return the original instrument of governance to the Commission subject to the provisions of this Charter. - 31
MISCELLANEOUS PROVISIONS - 31. Instruments of Authority
AI-assisted research summary: No person, body, authority or organization may perform functions related to administration, registration, business, trade, advertisement, calling, profession, or use the Common Seal and Logo of Kaimosi Friends University except with the consent of the Council or its authorized representative.
Section 31. Instruments of Authority Section 31(1)(a) the University Mace; Section 31(1)(b) the Common Seal; Section 31(1)(c) the University Logo; Section 31(1)(d) the University Flag; Section 31(1)(e) the Anthem; and Section 31(1)(f) the Assessment Report. Section 31(2) The Mace shall be kept in such custody as the Council may direct. Section 31(3) The Mace shall be used as specified in the Statutes. Section 31(4) The Flag and the Anthem shall be as specified in the Statutes. Section 31(5) No person, body, authority and or organization performing any function related to administration, registration of companies, business, trade, advertisement, calling, profession, use of the Common Seal and Logo of the Kaimosi Friends University except with the consent of the Council and any authorized representative of the Council. - 32
MISCELLANEOUS PROVISIONS - 32. The Common Seal
AI-assisted research summary: The common seal must be authenticated by the signatures of the Vice-Chancellor together with any other person duly authorized by the Council.
Section 32. The Common Seal Section 32(1) The common seal of the University shall be kept in such custody and used only as the Council may direct. Section 32(2) The common seal of the University shall be authenticated by the signatures of the Vice-Chancellor together with any other person duly authorized by the Council. Section 32(3) The common seal of the University 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 deemed to have been duly given. - 33
MISCELLANEOUS PROVISIONS - 33. The Statutes
AI-assisted research summary: Council must make Statutes by a Council resolution passed by at least three‑quarters of members present and at least half of total membership; Council must not make, amend or revoke Statutes concerning the Chancellor, Vice‑Chancellor or Senate without first ascertaining the opinion of the Senate; Council has the power to make Statutes immediately after the award of the Charter.
Section 33. The Statutes Section 33(1)(a) establishment of colleges, campuses, faculties, schools, directorates, institutes and centres of the University; Section 33(1)(b) description of degrees, diplomas, certificates and other academic qualifications; Section 33(1)(c) requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications; Section 33(1)(d) conduct of examinations; Section 33(1)(e) prescribing fees and other charges; Section 33(1)(f) prescribing the rules and regulations for the conduct and organisation of student affairs; Section 33(1)(g) 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; Section 33(1)(h) constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and Section 33(1)(i) providing for or prescribing anything, which, under this Charter may be provided for by the Statutes. Section 33(2) Notwithstanding subparagraph (i), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of the Chancellor, Vice-Chancellor or Senate without first ascertaining the opinion of the Senate. Section 33(3) The 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 half of the total membership of the Council. Section 33(4) Provided that the Council shall, immediately after the award this Charter to the University, have the powers to make Statutes for the University under this Charter. Section 33(5) Notwithstanding the generalities of subparagraph (4) the Statutes made hereof shall not be in force before the award of this Charter to the University. - 34
MISCELLANEOUS PROVISIONS - 34. Protection of Name
AI-assisted research summary: Public officers who register companies, businesses or societies must not accept any name containing the words "Alupe" and "University" together unless the application includes the written consent of the Council; any person who uses those words in advertising without the Council's written consent commits an offence punishable by a fine not exceeding one million shillings, or imprisonment for up to three years, or both; bona fide use of titles granted by the University is permitted.
Section 34. Protection of Name Section 34(1) Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the words "Alupe" and "University", together in any order, unless the application for the registration is accompanied by the written consent of the Council. Section 34(2) Any person who except with the written consent of the Council, uses the words "Alupe" and "University", together in any order and 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 on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or to both. Section 34(3) Notwithstanding the foregoing, 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 the person of a degree, diploma or certificate by the University. - 35
MISCELLANEOUS PROVISIONS - 35. Revocation
AI-assisted research summary: Persons who currently make up the Council of the Alupe University College must continue to discharge responsibilities and exercise powers and functions as set out in the Act until the University Council is appointed.
Section 35. Revocation Section 35(1) The Alupe University College Order of 2015 is revoked. Section 35(2)(a) all directions, orders, appointments, requirements, authorizations, other things given, taken or done under, and all funds, assets and other property acquired by virtue of that Order, shall, insofar as not inconsistent with this Charter, be deemed to have been given, taken, done or acquired under this Charter; and Section 35(2)(b) the persons constituting the Council of the Alupe University College shall continue to discharge responsibilities and exercise such powers and functions as set out in the Act until the Council of the University is appointed in accordance with the Act. - 36
MISCELLANEOUS PROVISIONS - 36. Transitional
AI-assisted research summary: Existing Council remains in office and functions as the Council of Alupe University until the substantive Council is appointed; that Council may develop Statutes; Principals and Deputy Principals continue to discharge duties until University officers are appointed.
Section 36. Transitional Section 36(1) The Council in existence immediately before the award of this Charter shall remain in office and shall function as the Council of the Alupe University until the appointment of the substantive Council of the University. Section 36(2) The Council under subparagraph (1) may develop Statutes for Alupe University under this Charter and the Statutes so made shall be deemed to have been made under this Charter. Section 36(3) The persons occupying the positions of Principal and Deputy Principals of the Alupe University College shall continue to discharge their responsibilities and exercise such powers as set out in the Act, this Charter and the Statutes of Alupe University until the Vice-Chancellor and other officers of the University are appointed and assume office. Section 36(4)(a) to continue and be awarded a degree of the Alupe University; or Section 36(4)(b) to be awarded a degree of the Moi University. Section 36(5)(a) the availability of space; and Section 36(5)(b) the accreditation of the relevant academic programme. - 37
MISCELLANEOUS PROVISIONS - 37. Variation and Revocation of this Charter
AI-assisted research summary: The Charter may be varied, amended or revoked in accordance with the provisions of the Act.
Section 37. Variation and Revocation of this Charter Section This Charter may be varied, amended or revoked in accordance with the provisions of the Act.
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