The Charter for Lukenya University
This Charter may be cited as the Lukenya University Charter.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 162 of 2022
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- Undated source snapshot
- Language
- en
Source attribution: Source: Kenya Law
Statute overview
About this statute
This Charter may be cited as the Lukenya University Charter. Lists defined terms and their meanings used in the Charter (interpretation of terms). The University shall have a convocation composed of members prescribed by the Statutes; the convocation shall be convened to confer and grant awards and perform other functions outlined in the Statutes. The Council may, on the Senate's recommendation and for good cause, cancel or withdraw degrees, diplomas, certificates and other awards, subject to the Charter and the Statutes. Establishes Lukenya University and grants the University corporate capacities including suing and being sued, acquiring and disposing of property, handling money (receiving, investing, borrowing, lending) and entering into contracts; also declares the University the successor to the prior Lukenya University and that its rights, duties, obligations, staff, liabilities and assets vest in the University on commencement.
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Provisions of The Charter for Lukenya University
Showing 41 of 41
Part I
PRELIMINARY
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PRELIMINARY - 1. Short title
AI-assisted research summary: This Charter may be cited as the Lukenya University Charter.
Section 1. Short title Section This Charter may be cited as the Lukenya University Charter. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Lists defined terms and their meanings used in the Charter (interpretation of terms).
Section 2. Interpretation Section In this Charter, unless the context otherwise requires— "Act" means the Universities Act (Cap. 210); "administrative staff" means employees of the University; "Alumni Association" means the organization of the past students and stakeholders established in accordance with paragraph 20 of this Charter; "annual estimates" means the estimates prepared in accordance with paragraph 32 in respect of any financial year; "Board of Trustees" means the Board of trustees of Lukenya University Trust established under the Trustee (Perpetual Succession) Act ( Cap 164 ); "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to university education; "Campus" means a campus established by the University pursuant to paragraph 7 of this Charter; "Chancellor" means the Chancellor of the University appointed under paragraph 17 of this Charter; "College" means an academic unit made up of faculties, Schools or institutes, and includes a Constituent College; "Commission" means the Commission for University Education established under the Act; "constituent college" means a semi-autonomous academic unit of the University, established under paragraph 6 of this Charter; "Convocation" means the Convocation of the University established under paragraph 10 of this Charter; "Council" means the Council of the University established under paragraph 18 of this Charter; "Dean" means an academic officer of the Faculty responsible for matters of Academic Policy that affect the faculty; "Deputy Vice-Chancellor" means a Deputy Vice-Chancellor of the University appointed under paragraph 24 of this Charter; "faculty" means a faculty of the University; "financial year" means the financial year of the University as prescribed by the Council; "graduate" means a person upon whom an earned academic qualification has been awarded and or conferred by the University; "Institute" means an institute of the University established by the statutes; "lecturer" means a staff of the University who is a full professor, associate professor, senior lecturer, lecturer or tutorial fellow or a person who holds any other teaching or research position which the Council, on the recommendation of the Senate, has recognized as a position having academic status in the University; "Librarian" means the person appointed to be the Librarian of the University; "Senate" means the Senate of the University established under paragraph 23 of this Charter; "School" means a school of the University established by the Statutes; "Statutes" means statutes of the University made by the Council as provided under paragraph 37 of this Charter; "student" means a person registered by the University for the purposes of obtaining a qualification of the University or any other person who is determined by the Senate to be a student; "Students Association" means association of Lukenya University students recognized by the Council as being an organization representative of the students of the University as established under paragraph 19 of this Charter; "Vice-Chancellor" means the Vice-Chancellor of the University appointed under paragraph 21 of this Charter; "Sponsor" means the Lukenya University Trust established under the Trustee (Perpetual Succession) Act ( Cap 164 ); "University Management Board" means the Management Board of the University established in paragraph 22 of this Charter; "University" means the Lukenya University established by this Charter.
Part II
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
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ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 10. Convocation
AI-assisted research summary: The University shall have a convocation composed of members prescribed by the Statutes; the convocation shall be convened to confer and grant awards and perform other functions outlined in the Statutes.
Section 10. Convocation Section 10(1) There shall be a convocation of the University which shall consist of such members as prescribed by the Statutes. Section 10(2) The convocation shall be convened for purposes of conferment and granting of awards and for such other functions as may be outlined in the Statutes. - 11
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 11. Withdrawal of Degrees, Diplomas, Certificates and Other Awards
AI-assisted research summary: The Council may, on the Senate's recommendation and for good cause, cancel or withdraw degrees, diplomas, certificates and other awards, subject to the Charter and the Statutes.
Section 11. Withdrawal of Degrees, Diplomas, Certificates and Other Awards Section The Council may, subject to this Charter, and on the recommendation of the Senate, for good cause, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards as may be provided for in the Statutes. - 3
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 3. Establishment and Incorporation of the University
AI-assisted research summary: Establishes Lukenya University and grants the University corporate capacities including suing and being sued, acquiring and disposing of property, handling money (receiving, investing, borrowing, lending) and entering into contracts; also declares the University the successor to the prior Lukenya University and that its rights, duties, obligations, staff, liabilities and assets vest in the University on commencement.
Section 3. Establishment and Incorporation of the University Section 3(1) There is established a University to be known as the Lukenya University. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) receiving, investing, borrowing or lending money; and Section 3(2)(d) doing or performing any such other things or acts, including entering into such contracts as may be necessary or expedient, for the furtherance of the provision of this Charter which may be done by a corporate body. Section 3(3) The University is the successor of the Lukenya University constituted under a Letter of Interim Authority issued on 16th November, 2015. Section 3(4) Subject to this Charter, all rights, duties, obligations, staff, liabilities and assets of the Lukenya University held by or by or on behalf of the Lukenya University and existing at the commencement of this Charter, shall be automatically and fully transferred to and vest in the University. - 4
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 4. Vision, Mission, Philosophy and Core Values
AI-assisted research summary: Vision: To be a dynamic University committed to excellence in teaching, research, training and community service.
Section 4. Vision, Mission, Philosophy and Core Values Section Vision To be a dynamic University committed to excellence in teaching, research, training and community service. - 5
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 5. Aims, objectives and functions of the University
AI-assisted research summary: Section 5 sets out the aims, objectives and functions of the University, including teaching, research, curriculum development, staff recruitment, facilities, admissions openness, and links with industry.
Section 5. Aims, objectives and functions of the University Section 5(1)(a) provide post basic-education training by use of practical pedagogy methodology ideal for each academic programme; Section 5(1)(b) conduct research in collaboration with the industry and other key stakeholders; Section 5(1)(c) develop a world-class higher education learning environment and provide required resources ideal for training, education and research for students, staff, industry and community; Section 5(1)(d) recruit, develop and retain exceptional staff with outstanding teaching and research background and capacity; Section 5(1)(e) develop and implement a university curriculum that inculcates positive attitudes towards work, research, innovation, honesty and self-discipline; Section 5(1)(f) maximize the impact of research and scholarship to students, staff, industry and community; Section 5(1)(g) be at the forefront in the pursuit for market-oriented courses and student-centred methods of study; and Section 5(1)(h) uphold learning, professionalism and employability through the integration of academic theory and relevant professional and vocational practice. Section 5(2)(a) to help students and graduates understand and develop the necessary skills to equip them for whatever career path they choose; Section 5(2)(b) to source and provide up-to-date information about occupations, fields of work, postgraduate courses and research opportunities, organizations and their vacation work and post-graduation vacancies; Section 5(2)(c) to provide opportunities for students and graduates to understand their competencies, aspirations and options through a variety of means, including personal discussion with professional advisers; Section 5(2)(d) to provide services impartially, confidentially, efficiently and free from discrimination, adhering to national and international codes of good practice and professional standards; Section 5(2)(e) to recruit, train and develop staff at all levels, to enable these aims and objectives to be met; Section 5(2)(f) to align the University research agenda into national and international priorities; Section 5(2)(g) to promote the development of the skills and attributes of students which will strengthen their employability and career development; and Section 5(2)(h) to widen and strengthen links with industry and local employers to meet local and regional skills needs. Section 5(3)(a) establish and maintain facilities and provide resources required for effective teaching, learning, research and community service; Section 5(3)(b) determine credentials and qualifications for academic and non-academic staff to perform various functions within the University; Section 5(3)(c) recruit, develop, and manage a qualified and competent workforce; Section 5(3)(d) market the University, attract and register qualified learners; Section 5(3)(e) offer quality academic services to students, scholars and researchers; Section 5(3)(f) assess and examine students; and grant degrees, diplomas, certificates and other awards to qualified candidates; Section 5(3)(g) offer training to the industry; Section 5(3)(h) promote research and innovation; Section 5(3)(i) establish, implement and manage a system for preservation, processing, transmission and dissemination of knowledge; Section 5(3)(j) offer community service; and Section 5(3)(k) carry out any other function in furtherance of the provisions of this Charter which may lawfully be done or performed in line with the Act. Section 5(4) 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 without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, color, creed, physical ability or gender. Section 5(5) 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. - 6
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 6. Establishment of Constituent Colleges
AI-assisted research summary: The Cabinet Secretary may, by order in the Gazette and on recommendation and advice from specified bodies, establish or declare an institution as a Constituent College of the University.
Section 6. Establishment of Constituent Colleges Section The Cabinet Secretary may, on the recommendation of the Council, and on the advice of the Commission for University Education, by order published in the Gazette , establish or declare an institution of learning or higher education or any training establishment to be a Constituent College of the University. - 7
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 7. Establishment of Colleges, Campuses, Faculties, Schools, Institutes and Centres
AI-assisted research summary: The Council may, on the advice of the Senate, establish Colleges or campuses to offer training and courses; campuses must operate with the approval of the Commission.
Section 7. Establishment of Colleges, Campuses, Faculties, Schools, Institutes and Centres Section 7(1) The Council may, on the advice of the Senate, establish Colleges within the University or campuses to offer training and courses of instruction consistent with its mission and objects whose functions and powers shall be as provided for by the Statutes provided that such campuses shall operate with the approval of the Commission. Section 7(2) A College or campus which is established shall consist of such faculties, schools, institutes or centres as may be provided for by the Statutes. - 8
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 8. Affiliation and Collaboration with other Institutions
AI-assisted research summary: The University may collaborate with individuals, organisations, government agencies, or international organisations as provided for in the Statutes.
Section 8. Affiliation and Collaboration with other Institutions Section 8(1) The University is affiliated to Lukenya College and Lukenya Schools. Section 8(2) The affiliation is in ownership, financing and management. Section 8(3) The University may collaborate with any individual, other individual organizations, groups or institutions, government and government agencies; or international organisations as may be provided for in the Statutes. - 9
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 9. Conferment of Degrees, Grant of Diplomas, Certificates and other Awards
AI-assisted research summary: The University may award fellowships, scholarships, bursaries and prizes and make other awards, subject to the Charter.
Section 9. Conferment of Degrees, Grant of Diplomas, Certificates and other Awards Section 9(1)(a) confer Bachelor’s degrees, Master’s degrees, Doctorate degrees and other awards; Section 9(1)(b) grant diplomas, certificates and other academic awards as may be provided for by the Statutes; and Section 9(1)(c) confer honorary degrees or any other academic distinction to a person who has rendered distinguished service to the advancement of any branch of learning or who has otherwise rendered service in any field of human endeavor worthy of such a degree or academic distinction. Section 9(2) Subject to this Charter, the University may award fellowships, scholarships, bursaries and prizes and make other awards as may be provided for in the Statutes.
Part III
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
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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 Sponsor.
Section 12. Membership of the University. Section the Sponsor; - 13
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 13. Governance of the University
AI-assisted research summary: Section 13: Governance of the University; Section the Sponsor.
Section 13. Governance of the University Section the Sponsor; - 14
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 14. Sponsor
AI-assisted research summary: The Sponsor of the University is Lukenya University Trust.
Section 14. Sponsor Section The Sponsor for the University is Lukenya University Trust established under the Trustee (Perpetual Succession) Act ( Cap. 164 ). - 15
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. The Board of Trustees
AI-assisted research summary: The Board of Trustees may establish a Secretariat to manage the affairs of the Board of Trustees.
Section 15. The Board of Trustees Section 15(1)(a) appoint members of the Council; Section 15(1)(b) raise funds for the benefit of the University in accordance with any written law or financing arrangement under section 51A of the Act; Section 15(1)(c) promote the objects of the University; Section 15(1)(d) appoint the Chancellor; and Section 15(1)(e) undertake such other function or duties as may be conferred upon the Board of Trustees by relevant legal instrument. Section 15(2) The Board of Trustees may establish a Secretariat to manage the affairs of the Board of Trustees. - 16
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 16. Chancellor
AI-assisted research summary: The University has a Chancellor (appointed by the Board of Trustees) who must hold specified qualifications, acts as titular head and confers awards, may recommend visitations and give advice, and is entitled to powers and privileges under the Statutes.
Section 16. Chancellor Section 16(1) There shall be a Chancellor of the University who shall be appointed by the Board of Trustees. Section 16(2) The Chancellor shall be a holder of at least a Master’s Degree from a recognized University in a relevant field and having served for a period of not less than twenty years in distinguished positions in either public or private sector. Section 16(3) A person shall be qualified to be appointed as the Chancellor if the person is a distinguished person of good standing in the society. Section 16(4)(a) shall be the titular head of the University and shall, in the name of the University, confer degrees and grant diplomas, certificates and other awards of the University; Section 16(4)(b) may from time to time, recommend to the Board of Trustees a visitation of the University; Section 16(4)(c) may from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the University; Section 16(4)(d) shall enjoy such powers and privileges and perform such other functions as may be provided in the Statutes. Section 16(5)(a) resigns from office by notice in writing addressed to the chairperson of the Board of Trustees; Section 16(5)(b) is, by reason of physical or mental infirmity, unable to exercise the functions of his office to the satisfaction of the Board of Trustees; Section 16(5)(c) is declared bankrupt or makes any arrangements or propositions with creditors generally; Section 16(5)(d) fails to perform the duties of his office for a continuous period of six months without a valid reason; or Section 16(5)(e) dies. - 17
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 17. The Council
AI-assisted research summary: Section 17 sets out the composition, terms, and governance powers of the University Council, including member qualifications, appointment of acting Chairperson, three-year terms (eligible for one reappointment), the Vice‑Chancellor as secretary and ex officio member, Board of Trustees' duty to replace vacancies within sixty days, and numerous Council management functions.
Section 17. The Council Section 17(1)(a) the Chairperson who shall be a distinguished person who holds a minimum of a Master’s degree from a recognized University or its equivalent with over twenty-five-years’ work experience in a corporate environment; Section 17(1)(b) one person of the rank of a Professor in their respective field and a holder of an earned Doctor of Philosophy degree; Section 17(1)(b)(i) one person of the rank of a Professor in their respective field and a holder of an earned Doctor of Philosophy degree; Section 17(1)(b)(ii) an advocate of the High Court of Kenya with ten years post admission experience and a member of the Law Society of Kenya in good standing; Section 17(1)(b)(iii) a financial expert with ten years’ experience and a holder of either a Bachelor of Commerce degree with a CPA (K) or its equivalent or a holder of a Master’s Degree in Economics; Section 17(1)(b)(iv) a banker with over ten years’ experience and a holder of a minimum of a bachelors’ degree in relevant field; Section 17(1)(b)(v) a business professional with a proven record of having started and grown a successful business for not less than ten years; Section 17(1)(b)(vi) a person with over ten years’ experience in managing large institutions at national and or international levels; and Section 17(1)(b)(vii) a person appointed to represent interest of the Board of Trustees, and Section 17(1)(c) the Vice-Chancellor, who shall be the Secretary and an ex officio member of the Council. Section 17(2) In the absence or incapacity of the Chairperson, the Council shall appoint from amongst themselves, any other person, except an ex officio member, to be the acting Chairperson. Section 17(3) Members of the Council shall, except the Vice-Chancellor, hold office for a term of three years and shall be eligible for re-appointment for one further term. Section 17(4) The Council may establish such committees as may, in the opinion of the Council, lead to its more efficient and effective functioning. Section 17(5) Where the office of a member of the University Council becomes vacant, the Chairperson shall notify the vacancy to the Board of Trustees. Section 17(6)(a) not being an ex officio member, resigns from office in writing addressed to the Secretary of the Council; Section 17(6)(b) has the appointment terminated by the Board of Trustees; Section 17(6)(c) is, by reason of physical or mental infirmity or otherwise, unable to discharge his duties as required to the satisfaction of the Board of Trustees; Section 17(6)(d) is absent for three consecutive Council meetings without good reason; Section 17(6)(e) is found to be involved in unbecoming behaviour as determined by the Council, in consultation with the Board of Trustees; Section 17(6)(f) is found to be directly or indirectly involved in any business conflicting with the function of the University and fails to disclose the conflicting interest; Section 17(6)(g) is declared bankrupt; or Section 17(6)(h) dies. Section 17(7) The Board of Trustees shall replace a member of the Council within sixty days upon being notified of the vacancy. Section 17(8) The Vice-Chancellor shall be the secretary to the Council. Section 17(9) The procedure, rules and regulations of meetings of the Council shall be prescribed in the Statutes. Section 17(10) The Council shall regulate its own rules of procedure and may amend or modify them from time to time provided that such rules of procedure are consistent with the provisions of the Act and this Charter and provided further that where any such rules of procedure are in conflict with or inconsistent with the provisions of the Act, the Universities. Section 17(11)(a) manage, supervise and administer the assets of the University in such a manner as best promotes the purpose for which the University is established; Section 17(11)(b) determine the provisions to be made for capital and recurrent expenditure and for reserves of the University; Section 17(11)(c) receive any grants, donations or endowments on behalf of the University and make legitimate disbursements therefrom; Section 17(11)(d) enter into association, collaboration or linkages with other bodies or organizations within or outside Kenya as the University may consider desirable or appropriate and in furtherance of the purpose for which the university is established; Section 17(11)(e) open a banking account or accounts for the funds of the University. Section 17(11)(f) employ the staff of the University; Section 17(11)(g) approve any proposed amendments to this Charter of the University; Section 17(11)(h) make Statutes for the University under this Charter in accordance with the Act; Section 17(11)(i) promote the objects of the University and to solicit or raise funds either directly or through any other agency or entity established for that purpose, or other friends and supporters of the University and to apply such funds for the purpose and objects of the University; Section 17(11)(j) hold, control and administer the property, funds and resources of the University and to borrow or raise money for the purposes of the University upon such security and other terms as may be required; Section 17(11)(k) establish, promote, create and/or participate in the establishment, promotion, creation of a subsidiary, subsidiaries or an affiliated legal entity or entities either directly by itself or through or in partnership with other legal entity or entities in furtherance of the objects and purposes of the University including income generating activities to sustain the operations of the University; Section 17(11)(l) formulate or approve the principles, policies and plans governing the activities and operations of the University so as to ensure that the academic staff enjoy academic freedom in their research and educational work; Section 17(11)(m) prepare or have prepared and revised from time to time statutes, rules and regulations for the efficient and effective operation of the University; Section 17(11)(n) review and approve the creation of any standing component of the University, such as faculties, colleges, campuses, programmes, institutes, standing committees and councils and other administrative bodies necessary to assist or improve the working of the University; Section 17(11)(o) approve the plans of work and annual budget of the University submitted by the Vice-Chancellor; Section 17(11)(p) enquire of, and consider reports submitted by the Vice-Chancellor relating to the activities of the University and the execution of the plans of work and to direct the Vice-Chancellor to submit reports relating to any matters as may be specified by the Council from time to time; Section 17(11)(q) to create such academic or administrative positions as it may consider necessary for the purposes of the University and to approve appointments to such of these positions as it may specify, including the positions of provost, deans, directors, head of the library, professors and associate professors; Section 17(11)(r) undertake responsibility for the financial integrity of the University, including responsibility for ensuring sustainability and effectiveness of its future operations, their continuity and the preservation of the autonomy of the University; Section 17(11)(s) approve all affiliations and other similar arrangements through which institutions or individuals may become associated with the University; Section 17(11)(t) enter into agreements, contracts, collaborations, understandings and arrangements with governments, organizations, institutions, bodies, individuals and other persons for the purpose of carrying out its functions and activities. Section 17(11)(u) take all such initiatives, as it may consider necessary or desirable for the efficient or effective management and functioning of the University; and Section 17(11)(v) perform such other functions as may be assigned to it by the Board of Trustees. - 18
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 18. Students’ Association
AI-assisted research summary: The Senate must formulate, review and approve a constitution to govern the Students’ Association.
Section 18. Students’ Association Section 18(1) There shall be a Students’ Association of the University as provided for in the Act and which shall comprise of all students of the University. Section 18(2)(a) overseeing and planning, in consultation with the Senate and the University Management Board, students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being; Section 18(2)(b) drawing the attention of the appropriate authorities, where necessary, to the special needs of the students; Section 18(2)(c) undertaking such other functions as provided in its governance instruments approved by the Senate; and Section 18(2)(d) undertaking such other functions as provided in its governance instrument as approved by the University Council. Section 18(3) The Senate shall formulate, review and approve a constitution for governing the affairs of the Students’ Association. - 19
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 19. Alumni Association
AI-assisted research summary: University Management may establish an Alumni Association; the constitution must be approved by the Council and the Association is responsible to the Vice-Chancellor.
Section 19. Alumni Association Section 19(1) The University Management may establish an Alumni Association as provided for in the Act, which shall consist of the graduates of the University and any other persons as may be provided by its constitution, beginning with the first graduation, and such other persons as may be declared to be members by the Council. Section 19(2) The objectives and the governance of the Alumni Association shall be guided by a constitution drawn up by the Alumni of the University. Section 19(3) The constitution of the Alumni Association shall be approved by the Council and shall not be inconsistent with this Charter. Section 19(4)(a) to promote academic and professional excellence; Section 19(4)(b) to encourage unity among the graduates of the University; Section 19(4)(c) to engage in development projects of the University; Section 19(4)(d) to promote the University’s welfare through sponsorship programmes; and Section 19(4)(e) to promote co-operation between the University, community and industry. Section 19(5) The Alumni Association shall be responsible to the Vice-Chancellor.
Part IV
MANAGEMENT OF THE UNIVERSITY
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MANAGEMENT OF THE UNIVERSITY - 20. Vice-Chancellor
AI-assisted research summary: The University shall have a Vice-Chancellor appointed by the Council; the Vice-Chancellor holds office for four years, may be re-appointed once, has specified responsibilities including chairing bodies and acting as Secretary at consultative meetings, and certain conditions cause vacancy.
Section 20. Vice-Chancellor Section 20(1) There shall be a Vice-Chancellor of the University who shall be appointed by the Council. Section 20(2) The terms and conditions of appointment of the Vice-Chancellor shall be as provided for in the Statutes. Section 20(3)(a) have the overall responsibility for the direction, organisation, administration and academic programmes of the University; Section 20(3)(b) be the Chairperson of the Senate and the University Management Board; Section 20(3)(c) be responsible to the Council for the general conduct and discipline of staff and students of the University; and Section 20(3)(d) carry out any other duty or responsibility as may be assigned by the Council. Section 20(4) The Vice-Chancellor shall hold office for a term of four years and shall be eligible for re-appointment for one further term. Section 20(5)(a) resigns from the office by notice in writing addressed to the Chairperson of the Council; Section 20(5)(b) is, by reason of physical or mental infirmity, unable to exercise the functions of his office; Section 20(5)(c) is declared bankrupt by court of law or makes any arrangements or propositions with creditors generally; Section 20(5)(d) fails to perform the duties of his office without a valid reason; or Section 20(5)(e) dies. Section 20(6) The Vice-Chancellor shall be the Secretary during consultative meetings that involve the Council, the Chancellor or the Board of Trustees, and in the absence of the Vice-Chancellor the Deputy Vice-Chancellor shall be the Secretary. In the absence of the Vice-Chancellor and the Deputy Vice-Chancellor, the members present shall appoint from among themselves one to be the Secretary. Section 20(7) The provisions of this paragraph shall apply, with necessary modifications, to the Principal of a Constituent College. - 21
MANAGEMENT OF THE UNIVERSITY - 21. University Management Board
AI-assisted research summary: Establishes a University Management Board responsible for assisting the Vice-Chancellor with daily management and implementing University policies, and lists the Board's membership and specific management functions.
Section 21. University Management Board Section 21(1) There shall be a University Management Board which shall assist the Vice-Chancellor with the day-to-day management operations of the University and implementation of the policies of the University and further undertake such other functions as shall be set out in this charter. Section 21(2)(a) the Vice-Chancellor, who shall be the Chairperson; and Section 21(2)(b) the Deputy Vice-Chancellors; Section 21(2)(c) the Registrar; Section 21(2)(d) the Chief Financial Officer; Section 21(2)(e) the Corporation Secretary and Chief Legal Officer; Section 21(2)(f) the Quality Assurance Officer; and Section 21(2)(g) any other members as may be provided for in the Statutes. Section 21(3)(a) to formulate and propose rules and regulations to the Council for the administration of the University; Section 21(3)(b) to manage and administer the daily operations of the University; Section 21(3)(c) to formulate and implement the University plans, policies, strategies and programmes; Section 21(3)(d) prepare, review, and recommend annual budgets and monthly financial statements to the Board through the Council; Section 21(3)(e) collect fees; Section 21(3)(f) facilitate annual audit of the University accounts; Section 21(3)(g) establish and maintain efficient and effective policies and procedures in all areas of financial management; Section 21(3)(h) make recommendations to the Council concerning matters of capital development and University staff establishment; and Section 21(3)(i) to perform any other function as prescribed in the Statutes or as directed by the Council. - 22
MANAGEMENT OF THE UNIVERSITY - 22. Senate
AI-assisted research summary: Establishes a University Senate responsible for academic matters, requires the Senate to set academic standards, select and admit students, and names the Deputy Vice-Chancellor (Academics) as Secretary; the Senate may create committees.
Section 22. Senate Section 22(1) There shall be a Senate of the University which shall be responsible for all academic matters of the University. Section 22(2)(a) the Vice-Chancellor, who shall be Chairperson; Section 22(2)(b) the Deputy Vice-Chancellors; Section 22(2)(c) the Principals of each constituent college of the University; Section 22(2)(d) the Principals of each College and Campus of the University; Section 22(2)(e) the Deans of Schools, Associate Deans, Directors of Institutes, Centres and other academic units; Section 22(2)(f) the registrars; Section 22(2)(g) the Deans, Directors and Chairpersons of Academic Departments; Section 22(2)(h) the Principals of Colleges; Section 22(2)(i) the Directors of Schools and Institutes; Section 22(2)(j) the Professors of the University; Section 22(2)(k) the University Librarian; Section 22(2)(l) the Corporation Secretary and Chief Legal Officer; Section 22(2)(m) two Student Representatives; and Section 22(2)(n) such other members as may be provided for in the Statutes. Section 22(3) The Deputy Vice-Chancellor (Academics) shall be the Secretary of the Senate. Section 22(4) The Senate shall set admission and graduation standards and requirements. Section 22(5) The Senate shall initiate and implement academic policies of the University that have previously been approved by the Council and shall perform such other academic functions as are prescribed by the Council from time to time. Section 22(6) The Senate shall select, examine and admit students. Section 22(7)(a) ceases to be a member of the University; Section 22(7)(b) ceases to be a member of Senate by virtue of the office held; Section 22(7)(c) contravenes any of the membership requirements; Section 22(7)(d) is declared bankrupt; Section 22(7)(e) by majority vote of the members of the Senate present and voting, and with approval of the Council, his membership is revoked; or Section 22(7)(f) dies. Section 22(8)(a) satisfying 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; Section 22(8)(b) proposing Statutes to be made by the Council regarding the eligibility of persons for admission to degree, diploma and certificate programmes; Section 22(8)(c) proposing Statutes to be made by the Council regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificates or other awards of the University; Section 22(8)(d) deciding which persons have attained prescribed standards of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other awards of the University; Section 22(8)(e) initiating proposals relating to the conduct of the University’s academic programmes or affairs generally and making representations thereon to the Council; Section 22(8)(f) recommending to the Council the establishment, or abolishing or harmonizing of Faculties, Schools, Institutes, Units, Departments, and Centres as the Senate may from time to time deem necessary; Section 22(8)(g) subject to the Act, making recommendations to the Council for the establishment or abolition or supervision, degree and other academic programmes and their titles in the University; Section 22(8)(h) setting the dates of the academic year and determining the schedule of academic programmes within the academic year; Section 22(8)(i) approving all syllabi of the University; Section 22(8)(j) making regulations governing methods of assessing and examining the academic performance of students; Section 22(8)(k) evaluating academic records of both undergraduate and postgraduate candidates for the purpose of admission into the University; Section 22(8)(l) regulating the conduct of examinations; Section 22(8)(m) appointing internal and external examiners and recommending to the Council the terms and conditions for their appointment; Section 22(8)(n) approving the examination results; Section 22(8)(o) subject to the Act, approving the award of degrees including the award of honorary degrees and other academic distinctions; Section 22(8)(p) determining which qualifications or credits from other Universities or institutions shall be acceptable as equivalent to particular qualifications of the University Section 22(8)(q) determining the procedure to be followed in the conferment of the degrees and other awards; Section 22(8)(r) determining the design of academic dress and prescribing its use; Section 22(8)(s) evaluating research, teaching, staffing and general work of anybody or a section of the University and if it so wishes reporting and making recommendations thereon to the Council; Section 22(8)(t) promoting and administering the extra-mural, external and extension work of the University; Section 22(8)(u) promoting research and innovation work in the University; Section 22(8)(v) promoting co-operation and linkages with other institutions of higher learning and industry; Section 22(8)(w) making regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards; Section 22(8)(x) developing, implementing and promoting quality assurance systems and structures in all University operations; Section 22(8)(y) promoting the welfare of students and staff in the University; Section 22(8)(z) receiving proposals from various Boards and Faculties, Institutes, Schools, Centers and considering their recommendations and make appropriate decision; Section 22(8)(z)(aa) receiving proposals from various Boards and Faculties, Institutes, Schools, Centers and considering their recommendations and make appropriate decision; Section 22(8)(z)(bb) recommending to the Council appropriate criteria for appointment and promotion of academic staff of the University; Section 22(8)(z)(cc) reviewing the Statutes from time to time and presenting recommendations thereon to the Council provided that all Statutes shall be reviewed at least once every five years; Section 22(8)(z)(dd) determining 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 The Senate may establish such committees as it deems necessary for efficient and effective discharge of its functions. Section 22(9) Subject to the Act, this Charter, and the Statutes the Senate may regulate its own procedures, the conduct of its business and the conduct of its meetings. Section 22(10) The Senate shall recommend to the Council any amendments to the Statutes and make regulations governing such matters as are within its powers in accordance with this Charter and the Act. - 23
MANAGEMENT OF THE UNIVERSITY - 23. Deputy Vice-Chancellors
AI-assisted research summary: The Council appoints Deputy Vice-Chancellors to assist the Vice‑Chancellor; Deputy Vice-Chancellors operate under the Vice‑Chancellor’s authority, exercise powers and perform duties as specified by the Statutes, hold office for a term of three years on terms and conditions prescribed by the Council, and the paragraph applies with necessary modifications to Principals of Constituent Colleges.
Section 23. Deputy Vice-Chancellors Section 23(1) The Council shall appoint such Deputy Vice-Chancellors as may be necessary to assist the Vice–Chancellor in matters prescribed in the Statutes. Section 23(2) A Deputy Vice-Chancellor shall operate under the general authority of the Vice-Chancellor and shall exercise such powers and perform such duties as may be specified by the Statutes. Section 23(3) The Deputy Vice-Chancellors shall hold office for a term of three years on terms and conditions of service as may be prescribed by the Council. Section 23(4) The provisions of this paragraph shall apply with necessary modifications to a Principal of each Constituent Colleges. - 24
MANAGEMENT OF THE UNIVERSITY - 24. Principals of Constituent Colleges
AI-assisted research summary: The Council must appoint Principals of Constituent Colleges through competitive recruitment; Principals serve as the academic and administrative heads, hold office under terms set by the Statutes, and on expiry are eligible for one further re-appointment.
Section 24. Principals of Constituent Colleges Section 24(1) The Principal of a Constituent College shall be appointed by the Council through a competitive recruitment process and shall be the academic and administrative head of the Constituent College. Section 24(2) The Principal shall hold office upon such terms and for such periods as may be provided for by the Statutes and upon expiration of that period, shall be eligible for re-appointment for one further term. - 25
MANAGEMENT OF THE UNIVERSITY - 25. The Principals of Colleges within the University
AI-assisted research summary: The Council must appoint Principals for each College and Campus through a competitive recruitment process.
Section 25. The Principals of Colleges within the University Section The Council shall, for each College and Campus of the University, appoint Principals for Colleges within the University through a competitive recruitment process who shall be the academic and administrative head of the College and shall, under the general authority of the Vice-Chancellor, have such powers and duties as may be provided for by the Statutes. - 26
MANAGEMENT OF THE UNIVERSITY - 26. Staff of the University
AI-assisted research summary: Section 26 classifies University staff into teaching, administrative, technical and support staff and describes who each category includes.
Section 26. Staff of the University Section 26(1) The teaching staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of Colleges of the University, the Librarian and all members of staff who are engaged in teaching and research. Section 26(2) The administrative staff of the University shall consist of the Registrars, the Directors, Finance Officer, Legal Officer and such other members of staff not being engaged in teaching or research, as the Council may determine from time to time. Section 26(3) 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 determine from time to time. Section 26(4) The support staff of the University shall consist of the staff engaged in general duties and such other persons as the Council may determine from time to time. - 27
MANAGEMENT OF THE UNIVERSITY - 27. Performance of Duties during Incapacity of an Office Holder
AI-assisted research summary: Sets who may or must be appointed to perform the Vice-Chancellor's functions during incapacity, with each appointment limited to a maximum of 180 calendar days; defines "incapacity."
Section 27. Performance of Duties during Incapacity of an Office Holder Section 27(1) In the event of the incapacity of the Vice-Chancellor, the Council shall appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days. Section 27(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council may appoint one of the Principals of the 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 27(3) In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges within the University, the Council shall 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 27(4) In the event of the incapacity of any member of staff of the University other than the Vice-Chancellor and the 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 27(5) In this paragraph, "incapacity" includes absence from Kenya or inability for any other reason to perform the functions of the office concerned or as may otherwise be provided for in the Statutes.
Part V
FINANCIAL PROVISIONS
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FINANCIAL PROVISIONS - 28. Financial Year
AI-assisted research summary: Defines the University's financial year (1 January to 31 December unless statutes provide otherwise) and requires the University Management Board to propose and submit annual estimates to the Council two months before the start of the financial year, in consultation with the Board of Trustees.
Section 28. Financial Year Section 28(1) The financial year of the University shall be the period of twelve months commencing the 1st January and ending the 31st December of each year or such other period as may be prescribed by the Statutes. Section 28(2) In the event of any change in the financial year, and for the purposes of the transition from the old financial year to a new financial year consequent upon the change, the transitional period, whether more or less than twelve months, shall be deemed for the purposes of this Charter to be a financial year. Section 28(3) The University Management Board shall propose and submit annual estimates to the Council two months before the commencement of the financial year for its approval in consultation with the Board of Trustees. - 29
FINANCIAL PROVISIONS - 29. Sources of Funds and Resources
AI-assisted research summary: Lists permissible sources of university funds; requires University Management to propose fees and the Council to approve them in consultation with the Board of Trustees; donor funds must be used for their agreed purpose unless otherwise approved; the University must not accept funds that compromise its freedom or integrity.
Section 29. Sources of Funds and Resources Section 29(1)(a) tuition fees and other charges; Section 29(1)(b) research, consultancies and training; Section 29(1)(c) donations and grants; Section 29(1)(d) income from University auxiliary enterprises and investments; Section 29(1)(e) endowments, gifts, trusts and bequests; and Section 29(1)(f) such other sources as the University may from time to time identify. Section 29(2) The University Management shall propose and the Council shall, in consultation with the Board of Trustees, approve the fees to be charged by the University. Section 29(3) Any funds received by the University from any donor shall, unless otherwise approved by the University, be used or channeled exclusively for the intended purpose as agreed between such donor and the University. Section 29(4) The University shall not accept funds which may limit or compromise its freedom or integrity. - 30
FINANCIAL PROVISIONS - 30. Investment of Funds
AI-assisted research summary: The Board of Trustees may invest funds that are not immediately needed for its purposes.
Section 30. Investment of Funds Section 30(1) The Board of Trustees may invest any of its funds not immediately required for its purposes, as it may determine. Section 30(2) All investments made under this paragraph shall be held in the name of the University. - 31
FINANCIAL PROVISIONS - 31. Annual Estimates
AI-assisted research summary: Vice-Chancellor must submit an annual budget to the Council two months before the start of the financial year; Vice-Chancellor must submit quarterly financial reports to the Council within the financial year; the University Council must forward those quarterly reports with recommended actions to the Board of Trustees.
Section 31. Annual Estimates Section 31(1) The Vice-Chancellor shall, two months before the commencement of a financial year, submit an annual budget of estimates of revenue and expenditure of the University to the Council for approval. Section 31(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 31(2)(b) for the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University; Section 31(2)(c) for the proper maintenance of the buildings and grounds of the University; Section 31(2)(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University; Section 31(2)(e) for the funding of the cost of teaching, research and outreach activities of the University; Section 31(2)(f) for development purposes; and Section 31(2)(g) for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit. Section 31(3) The Vice-Chancellor shall submit Quarterly Financial Reports to the Council within the financial year. Section 31(4) The University Council shall submit the Quarterly Financial Reports accompanied with reports of recommended actions to the Board of Trustees. Section 31(5) No expenditure shall be incurred for the purposes of the University except in accordance with an annual budget approved by the Council in consultation with the Board of Trustees. - 32
FINANCIAL PROVISIONS - 32. Accounts and Audit
AI-assisted research summary: Requires trustees to keep proper accounts; Council to appoint external auditors within four months of year-end; Vice-Chancellor to submit accounts to auditors within the statutes' period after year-end; external auditors to report to Council and provide reports to the Commission when required; Council to consider and act on audit reports; University Management to draft and Council to approve financial management policies aligned with the Public Finance Management Act.
Section 32. Accounts and Audit Section 32(1) The Board of Trustees shall, in consultation with the Council, cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities. Section 32(2) The Council shall appoint a firm of external auditors to audit the accounts of the University within four months of the closing of each financial year. Section 32(3) The Vice-Chancellor shall submit properly kept books of accounts of the University to the external Auditors within a period specified by the Statutes from the end of every financial year. Section 32(4) Within the period specified by the Statutes, the external auditors shall report on the examination and audit of the accounts of the University to the Council for approval and availed to the Commission whenever required. Section 32(5) The Council shall receive and discuss the audit report then take relevant action. Section 32(6) The University Management shall formulate and the Council shall approve policies and procedures to govern financial management function of the University. Such policies and procedures shall be in line with the Public Finance Management Act (Cap. 412A) and or any other relevant law.
Part VI
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 33. Instruments of Governance
AI-assisted research summary: The University must be governed by the Act, this Charter and the Statutes; it must conspicuously display its instruments of accreditation in its key premises; when any instrument is revoked the instruments must be returned to the Commission within fourteen days of revocation.
Section 33. Instruments of Governance Section 33(1) The University shall be governed by the Act, this Charter and the Statutes. Section 33(2) The University shall conspicuously display all its instruments of accreditation in its key premises. Section 33(3) Where any instrument of accreditation is revoked in accordance with the Act, the instruments shall be returned to the Commission within fourteen days of the revocation. - 34
MISCELLANEOUS PROVISIONS - 34. Instruments of Authority
AI-assisted research summary: Specifies the University instruments of authority (Mace, Common Seal, University Logo); Council may decide other instruments if recognized by law; the Vice-Chancellor is custodian; the Council must prescribe and regulate use.
Section 34. Instruments of Authority Section 34(1)(a) the Mace; Section 34(1)(b) the Common Seal; and Section 34(1)(c) the University Logo. Section 34(2) The Council may decide on other instruments to be used as instruments of authority and identity of the University provided that such instruments are recognized by the law. Section 34(3) The Vice-Chancellor shall be the custodian of the University instruments of authority and identity. Section 34(4)(a) respects and abides by the rule of law; Section 34(4)(b) abides by this Charter, the Statutes, policies and procedures; Section 34(4)(c) protects and preserves the institution, its assets, and its image; Section 34(4)(d) promotes the goals and objectives of the University; Section 34(4)(e) upholds the University Mission, Vision, Philosophy and Values; and Section 34(4)(f) values and recognises people. Section 34(5) The Council shall prescribe and regulate the use of the University instruments of authority and identity. - 35
MISCELLANEOUS PROVISIONS - 35. Common Seal
AI-assisted research summary: Rules for custody, authentication and authorized use of the University's Common Seal and who must sign Council documents.
Section 35. Common Seal Section 35(1) The Common Seal of the University shall be kept in such custody and used only as the Board of Trustees or the Council shall direct, as specified in the Statutes. Section 35(2) A document or an instrument duly sealed by authorised officers of the University shall be binding and considered as properly executed by the University. Section 35(3) The Common Seal of the University shall be authenticated by the signatures of the Vice-Chancellor and or other person duly authorised by the Council. Section 35(4) The Common Seal of the University when affixed to any document and duly authenticated shall be judicially noticed, and unless and until the contrary is proved, any order or authorisation of the Council under this paragraph shall be deemed to have been duly given. Section 35(5) All documents other than those required by law to be under Seal, made on behalf of the Council and all decisions of the Council shall be under the hand of the Chairperson, the Vice-Chancellor or the respective Deputy Vice-Chancellor or any other member of the Council duly authorised by the Council on its behalf. Section 35(6) No person, body, authority and or organisation performing any function related to administration, registration of companies, business, trade, advertisement, calling, profession, shall use the Common Seal and Logo of Lukenya University except with the consent of the Council and or authorised representative of the Council. - 36
MISCELLANEOUS PROVISIONS - 36. Statutes
AI-assisted research summary: Section 36 lists matters Statutes may cover (establishing units, academic award rules, examinations, staff terms, Council procedures, student rules, fees, and other necessary matters) and says Statutes may be approved, amended or revoked by a two-thirds Council resolution unless ultra vires this Charter.
Section 36. Statutes Section 36(1)(a) establish colleges, campuses, faculties, institutes and schools of the University; Section 36(1)(b) provide a description of degrees, diplomas and certificates offered by the University; Section 36(1)(c) define the requirements for conferment of degrees and award of diplomas and certificates; Section 36(1)(d) provide for the manner in which examinations shall be conducted; Section 36(1)(e) set the terms and conditions of service, and schemes of service, including the appointment, dismissal and recommendation of retirement benefits of the members of staff of the University; Section 36(1)(f) describe the constitution and procedure of meeting of the Council, and the establishment, composition and terms of reference of committees of the Council; Section 36(1)(g) prescribe the rules and regulations for the Students’ Association; Section 36(1)(h) determination and collection of fees and other charges; and Section 36(1)(i) any other matter that may be necessary for the better carrying out of the requirements set out in Act and this Charter. Section 36(2) The Statutes may from time to time be approved, amended or revoked by a resolution passed by two-thirds majority of all the members present and entitled to vote at a Council meeting specifically convened for that purpose, unless the enactment, amendment or revocation is ultra vires the provisions of this Charter. - 37
MISCELLANEOUS PROVISIONS - 37. Protection of Name
AI-assisted research summary: Section 37 prohibits registration or use of the words "Lukenya" and "University" together without written consent of the Board of Trustees and the Council, creates an offence for unauthorised use in advertising or business, allows bona fide use of awarded titles, and forbids use of the University's name for advertisement, publication, business, trade or profession.
Section 37. Protection of Name Section 37(1) Notwithstanding the provisions of any other written law, no public officer performing the function relating to the registration of companies or business names shall accept for such registration any name which includes the words "Lukenya", and "University" together in any order, unless the application for such registration is accompanied by the written consent of the Board of Trustees and the Council. Section 37(2) Any person who, except with the written consent of the Council, uses the words "Lukenya" and "University", together in any order and in furtherance of, or in connection with any advertisement for any trade, business, publication, calling or profession, shall be guilty of an offence. Section 37(3) Nothing in this paragraph shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to such person of any degree, diploma, certificate or other award of the University. Section 37(4) A person shall not use the name of the University as established by this Charter for the purposes of advertisement, publication, business, trade, or profession. - 38
MISCELLANEOUS PROVISIONS - 38. Variation and Revocation of this Charter
AI-assisted research summary: The Charter may be varied or revoked as provided for in the Act.
Section 38. Variation and Revocation of this Charter Section This Charter may be varied or revoked as provided for in the Act. - 39
MISCELLANEOUS PROVISIONS - 39. Dissolution of the University
AI-assisted research summary: If, after the University is dissolved or wound up and all debts and liabilities are paid, any funds, assets or property remain, those assets will vest in the Board of Trustees, subject to the Charter.
Section 39. Dissolution of the University Section Subject to the provisions of this Charter, if in the event of the dissolution or winding up of the University, there shall remain, after the satisfaction of all its debts and liabilities, any funds, assets or property they will be vested in the Board of Trustees. - 40
MISCELLANEOUS PROVISIONS - 40. Interpretation of this Charter
AI-assisted research summary: The Charter is valid and effectual in law and must be construed according to its true intent and meaning, subject to the Universities Act (Cap. 210), in the best interest of the University and the promotion of its objectives.
Section 40. Interpretation of this Charter Section This Charter shall be valid and effectual in law according to its true intent and meaning and shall be construed, subject to the provisions of the Universities Act (Cap. 210), in the best interest of the University and the promotion of its objectives. - 41
MISCELLANEOUS PROVISIONS - 41. Transitional
AI-assisted research summary: Transitional arrangements: existing Council, Vice‑Chancellor and Deputy Vice‑Chancellors remain in office for the rest of their terms; the existing Council may make Statutes; existing staff are deemed appointed under the Charter on the same terms; existing students are deemed students and will complete courses and receive awards.
Section 41. Transitional Section 41(1) The Council in place at the time of grant of this Charter, shall continue to be in place for the remainder of their term after which appointment shall be made in accordance with this Charter. Section 41(2) The Council in place at the time of grant of this Charter may make Statutes for the University under this Charter and the Statutes so made shall be deemed to be made under this Charter. Section 41(3) The persons occupying the offices of the Vice-Chancellor and the Deputy Vice-Chancellors of Lukenya University immediately before the award of this Charter, shall continue to discharge their responsibilities and exercise such powers as set out in the Act and this Charter with respect to the University for the remainder of their term after which appointment shall be made in accordance with this Charter. Section 41(4) All persons who were members of staff of Lukenya University immediately before the award of this Charter shall be deemed to have been appointed under this Charter on the same terms and conditions of service Section 41(5) All the students of Lukenya University, who were pursuing degree, diploma, certificate, and post graduate degree programmes as at the commencement date of this Charter, shall be deemed to be students of the University and shall complete their courses and be awarded degrees, diploma, certificate, and post graduate degree programmes certificate, as the case may be, of Lukenya University.
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