The Charter for Tom Mboya University
States the short title: "This Charter may be cited as the Tom Mboya University Charter."
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 164 of 2022
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Kenya Law
Statute overview
About this statute
States the short title: "This Charter may be cited as the Tom Mboya University Charter." This section provides definitions of terms used in the Charter (for example: "academic staff", "Act", "accreditation", "administrative staff", "Council", "Chancellor", "College", "Dean", "Registrar", "student", "University", "Vice-Chancellor", and others). The Council may, on the recommendation of the Senate and subject to the Charter, cancel or withdraw certificates, diplomas, degrees (including honorary degrees) or other awards provided for by the Statutes. Subject to the Charter and any Statutes, the University may award scholarships, bursaries, prizes and other awards. Establishes Tom Mboya University, gives it corporate capacities (sue and be sued; deal with property; receive/invest/borrow/lend money; enter contracts) and makes it successor to Tom Mboya University College with automatic transfer and vesting of rights, duties, obligations, liabilities and assets.
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Provisions of The Charter for Tom Mboya University
Showing 36 of 36
Part I
PRELIMINARY
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PRELIMINARY - 1. Short title
AI-assisted research summary: States the short title: "This Charter may be cited as the Tom Mboya University Charter."
Section 1. Short title Section This Charter may be cited as the Tom Mboya University Charter. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: This section provides definitions of terms used in the Charter (for example: "academic staff", "Act", "accreditation", "administrative staff", "Council", "Chancellor", "College", "Dean", "Registrar", "student", "University", "Vice-Chancellor", and others).
Section 2. Interpretation Section In this Charter, unless the context requires otherwise— "academic staff" means any person appointed to teach, train or to do research at a university and any other employee designated as such by the University Council; "Act" means the Universities Act (Cap. 210); "accreditation" means the procedure by which the Commission for University Education formally recognizes an institution as a University; "administrative staff" means staff responsible for the administrative duties in the University established under paragraph 25 of this Charter; "Alumni Association" means the association established under paragraph 17 of this Charter; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to University Education; "Council" means the governing organ of the University established under paragraph 15 of this Charter; "Chancellor" means the Chancellor of the University as defined in paragraph 13 of this Charter; "College" means a College of the University established pursuant to paragraph 8 of this Charter; "Committees" mean committees of the University set up by the governing organs of the University to perform such functions and discharge such responsibilities in accordance with their appointments; "constituent college" means a Constituent College of the University established under paragraph 10 of this Charter; "Convocation" means a formal ceremony at the University as established under paragraph 24 of this Charter; "Dean" means a person appointed to head a faculty, school or an institute of the University; "Deputy Vice–Chancellor" means a person appointed as the Deputy Vice-Chancellor of the University under paragraph 21 of this Charter; · "Director" means a person appointed as a Director under the Statutes; "distance learning" means the mode of delivering education through use of print, audio-visual, electronic or other technical media; "faculty" means an academic sub-division or school of the University established under this Charter; "financial year" means the period of twelve months as provided for under paragraph 27 of this Charter; "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 the Senate shall determine; "Institute" means an administrative and academic entity which may consist of centers engaged in specialized teaching or research in specific areas of academic enterprise; "Institution" means an institution or facility used or to be used wholly or partly for the conduct of university education; "Registrar" means a person appointed in accordance with the Statutes as a Registrar of the University; "School" means a school of the University established under the Statutes; "Senate" means the Senate of the University established under paragraph 19 of this Charter; "Staff Association" an association of the Staff recognized by the Council as being representatives of the staff of the University; "Statutes" means Statutes of the University made by the Council under paragraph 32 of 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 in the Statutes; "University Management Board" means the University Management Board of the University provided by paragraph 20 of this Charter; "University" means the Tom Mboya University, established under paragraph 3 of this Charter; "Vice-Chancellor" means the Vice-Chancellor of the University appointed under paragraph 18 of this Charter.
Part II
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
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ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 10. Conferment, granting, cancellation and withdrawal of Degrees, Diplomas, Certificates and other awards
AI-assisted research summary: The Council may, on the recommendation of the Senate and subject to the Charter, cancel or withdraw certificates, diplomas, degrees (including honorary degrees) or other awards provided for by the Statutes.
Section 10. Conferment, granting, cancellation and withdrawal of Degrees, Diplomas, Certificates and other awards Section 10(1)(a) award a Certificate and Diploma and such other qualifications as may be provided for by the Statutes; Section 10(1)(b) confer a Bachelors, Masters or Doctorate Degree and such other University qualifications as may be provided for by the Statutes; or Section 10(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 as may be provided for in the Statutes. 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 such other award 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 Tom Mboya University, gives it corporate capacities (sue and be sued; deal with property; receive/invest/borrow/lend money; enter contracts) and makes it successor to Tom Mboya University College with automatic transfer and vesting of rights, duties, obligations, liabilities and assets.
Section 3. Establishment and incorporation of the University Section 3(1) There is established a University to be known as Tom Mboya University. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging, disposing or leasing of movable and immovable property; Section 3(2)(c) receiving, investing, borrowing and lending money; and Section 3(2)(d) doing or performing any such other things or acts, including entering into such contracts as may be necessary or expedient, for the furtherance of the provision of this Charter which may be done by a body corporate. Section 3(3) The University shall be the successor of Tom Mboya University College, established by the Tom Mboya University College Order, Legal Notice No. 55 of 2016 . Section 3(4) All rights, duties, obligations, liabilities and assets held by Tom Mboya University College or by any other body on behalf of Tom Mboya University College existing at the commencement of this Charter, shall automatically and fully be transferred to and vest in Tom Mboya University and any reference to Tom Mboya University College in any contract or document shall for all purposes be deemed to be a reference to the Tom Mboya University. - 4
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 4. Vision and Mission
AI-assisted research summary: Vision: A premier internationally recognized University distinguished for its teaching, research, and innovation.
Section 4. Vision and Mission Section Vision: A premier internationally recognized University distinguished for its teaching, research, and innovation. - 5
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 5. Philosophy
AI-assisted research summary: Sets the institution's philosophy as facilitating creation, sharing, elective exploitation and utilization of knowledge for society's benefit and wellbeing within the legal framework and Statutes.
Section 5. Philosophy Section Facilitating the creation, sharing, elective exploitation, and utilization of knowledge within the framework articulated by law and its Statutes for the greatest benefit and wellbeing of society. - 6
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 6. Aim of the University
AI-assisted research summary: The aim of the University is to provide high quality education and relevance in its programmes and activities.
Section 6. Aim of the University Section provide high quality education and relevance in its programmes and activities; - 7
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 7. Functions of the University
AI-assisted research summary: The University shall not discriminate in admission or staff appointment and promotion on grounds such as race, ethnicity, place of origin or residence, economic or social standing, colour, creed, physical ability or gender, pregnancy, marital status, religion, conscience, belief, culture, dress, language or birth, and shall not give preference or withhold advantage on those grounds.
Section 7. Functions of the University Section 7(1)(a) provide education directly, or in collaboration with other institutions, and in so doing provide for the integration of teaching, research and effective application of knowledge and skills to the life, work and welfare of the citizens of Kenya; Section 7(1)(b) advance knowledge and its practical application by research and other means; Section 7(1)(c) disseminate the outcome of research by various means and commercially exploit the results of such research; Section 7(1)(d) participate in technological innovation as well as in the discovery, transmission and enhancement of knowledge and stimulation of intellectual life in the economic, social, cultural, scientific and technological development; Section 7(1)(e) contribute to industrial and technological development of society in collaboration with industry and other organizations; Section 7(1)(f) inculcate a culture of innovation in technology, engineering and science, amongst staff, students, and society; Section 7(1)(g) promote education in science, agriculture, engineering, and mathematics and technology within the institution and society; Section 7(1)(h) provide a multi-level system of education and training that is relevant to the needs of the community covering a wide range of fields and levels with provision for recognition of prior learning and flexibility of transition between educational levels; Section 7(1)(i) participate in scholarly work, the discovery, transmission, utilization, preservation and enhancing knowledge and stimulating the intellectual participation of students in the economic, social, cultural, scientific and technological development of Kenya; Section 7(1)(j) offer continuing professional development courses; Section 7(1)(k) determine the curriculum and its mode of delivery and specifying the admission criteria; Section 7(1)(l) conduct examinations; Section 7(1)(m) grant and confer such academic awards as may be provided for in the Act and the Statutes; Section 7(1)(n) establish new colleges, faculties, schools, institutes, departments, other resource and administrative units and centers; Section 7(1)(o) promote the general welfare of staff and students; Section 7(1)(p) develop and provide educational, cultural, professional, technical and vocational services to the community and in particular the fostering of corporate social responsibility; Section 7(1)(q) generally, facilitate the development and provision of appropriate and accessible academic programmes and other programmes; Section 7(1)(r) charge fees and tariffs; and Section 7(1)(s) mobilize resources. Section 7(2) The University shall not discriminate against any person with regard to admission to the University or appointment and promotion of staff on the basis of race, ethnicity, place of origin or residence or other local connections, economic and social standing, colour, creed, physical ability or gender, pregnancy, marital status, religion, conscience, belief, culture, dress, language or birth, 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; a college or campus shall consist of such faculties, schools, institutes, departments, centers and other resource and administrative units as may be provided for by the Statutes.
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 or campus 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, by order published in the Gazette and on the advice of the Council and recommendation of the Commission for University Education, establish or declare a learning or training institution to be a constituent College of the University.
Section 9. Establishment of Constituent Colleges Section The Cabinet Secretary may, on the advice of the Council and on the 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, GOVERNANCE AND ADMINISTRATION OF THE UNIVERSITY
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MEMBERSHIP, GOVERNANCE AND ADMINISTRATION OF THE UNIVERSITY - 12. Membership of the University
AI-assisted research summary: Section 12 lists who are members of the University and states that members shall enjoy rights and privileges set out in the Statutes.
Section 12. Membership of the University Section 12(1)(a) the Chancellor; Section 12(1)(b) the Council; Section 12(1)(c) the Vice-Chancellor; Section 12(1)(d) the Deputy Vice-Chancellors; Section 12(1)(e) the Principals of Constituent Colleges; Section 12(1)(f) the Principals of Colleges and Campuses with the University; Section 12(1)(g) the members of the Senate; Section 12(1)(h) the University Management Board; Section 12(1)(i) the University Registrars; Section 12(1)(j) the Corporation Secretary and Chief Legal Officer; Section 12(1)(k) the Director of Finance; Section 12(1)(l) the University Librarian; Section 12(1)(m) the Chief Medical Officer; Section 12(1)(n) the Information and Communication Technology Director; Section 12(1)(o) the academic staff; Section 12(1)(p) the non-academic staff; Section 12(1)(q) the Chaplain; Section 12(1)(r) the students; Section 12(1)(s) the alumni; Section 12(1)(t) the members of the Alumni Association; and Section 12(1)(u) such other persons as may be declared members of the University by the Council on the recommendation of the Senate. Section 12(2) The members of the University shall enjoy such rights and privileges as may be set out in the Statutes. - 13
MEMBERSHIP, GOVERNANCE AND ADMINISTRATION OF THE UNIVERSITY - 13. The Chancellor
AI-assisted research summary: There is a Chancellor appointed by the President in accordance with the Act; the Chancellor's functions and tenure follow the Act; the Chancellor enjoys powers and privileges and must perform other functions as provided in the Act and the Statutes.
Section 13. The Chancellor Section 13(1) There shall be a Chancellor of the University who shall be appointed by the President in accordance with the Act. Section 13(2) The functions of the Chancellor and tenure of office shall be in accordance with the provisions of the Act. Section 13(3) The Chancellor shall enjoy such powers and privileges and perform such other functions as may be provided in the Act and the Statutes. - 14
MEMBERSHIP, GOVERNANCE AND ADMINISTRATION OF THE UNIVERSITY - 14. The Council
AI-assisted research summary: Establishes a University Council, names its membership (including a Chairperson appointed by the President and the Vice-Chancellor as Secretary and ex officio member), sets three-year terms with one re-appointment, lists grounds for vacation of office, requires the Vice-Chancellor to notify vacancies forthwith, and directs the Council's role and conduct.
Section 14. The Council Section 14(1) There shall be a University Council which shall be appointed according to the provisions of the Act. Section 14(2)(a) the Chairperson who shall be appointed by the President; Section 14(2)(b) the Principal Secretary in the Ministry for the time being responsible for University education; Section 14(2)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 14(2)(d) not more than five members appointed in accordance with the provisions of the Act; and Section 14(2)(e) the Vice-Chancellor who shall be the Secretary to the Council and an ex officio member. Section 14(3) The members of the Council, other than the ex officio member shall hold office for a period of three years and shall be eligible for re-appointment for one further term. Section 14(4) The Council shall be the governing body of the University. Section 14(5)(a) not being an ex officio member, resigns from his 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 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 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 charter in the best interest of the University. - 15
MEMBERSHIP, GOVERNANCE AND ADMINISTRATION OF THE UNIVERSITY - 15. Functions of the Council
AI-assisted research summary: The Council is responsible for developing and approving the Statutes of the University.
Section 15. Functions of the Council Section developing and approving the Statutes of the University; - 16
MEMBERSHIP, GOVERNANCE AND ADMINISTRATION OF THE UNIVERSITY - 16. Students’ Association
AI-assisted research summary: There shall be a Students’ Association established under the Act, this Charter and the Statutes, and there shall be a student’s Council in accordance with section 41(3) of the Act.
Section 16. Students’ Association Section 16(1) There shall be a Students’ Association established under the Act, this Charter and the Statutes. Section 16(2) There shall be a student’s Council in accordance to section 41(3) of the Act. - 17
MEMBERSHIP, GOVERNANCE AND ADMINISTRATION OF THE UNIVERSITY - 17. Alumni Association
AI-assisted research summary: Creates an Alumni Association and states that it will consist of members as provided for in section 42(1) of the Act, this Charter and the Statutes.
Section 17. Alumni Association Section 17(1) There shall be an Alumni Association as provided for in section 42 of the Act, this Charter and the Statutes. Section 17(2) The Alumni Association shall consist of members as provided for under Section 42(1) of the Act, this Charter and the Statutes.
Part IV
MANAGEMENT OF THE UNIVERSITY
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MANAGEMENT OF THE UNIVERSITY - 18. The Vice-Chancellor
AI-assisted research summary: Establishes a Vice-Chancellor appointed under the Act who is the academic and administrative head, has overall responsibility for the University's direction and programmes, holds office for five years, and may be re-appointed for one further term.
Section 18. The Vice-Chancellor Section 18(1) There shall be a Vice-Chancellor of the University who shall be appointed in accordance with the provisions of the Act. Section 18(2)(a) be the academic and administrative head of the University; Section 18(2)(b) have overall responsibility for the direction, organization, administration and programmes of the University; and Section 18(2)(c) have such responsibilities and duties as may be provided for in this Charter and the Statutes. Section 18(3) The Vice-Chancellor shall hold office for a term of five years, and shall be eligible for re-appointment for one further term. - 19
MANAGEMENT OF THE UNIVERSITY - 19. The Senate
AI-assisted research summary: Section 19 lists the membership of the Senate, assigns the Deputy Vice-Chancellor (Academic Affairs) as Secretary, sets the Senate's academic responsibilities (including reviewing Statutes at least once every five years), and allows the Senate to establish committees and delegate powers.
Section 19. The Senate Section 19(1)(a) the Vice–Chancellor, who shall be the Chairperson; Section 19(1)(b) the Deputy Vice–Chancellors; Section 19(1)(c) the Principal of each Constituent Colleges; Section 19(1)(d) the Principal of each College and Campus; Section 19(1)(e) the Registrars; Section 19(1)(f) all the Deans of faculties and Schools, the Directors of Institutes, Schools and Centres, and other academic units; Section 19(1)(g) the Associate Deans and Directors; Section 19(1)(h) the Chairpersons of Departments; Section 19(1)(i) the full Professors of the University; Section 19(1)(j) the University Librarian; Section 19(1)(k) the Director of Finance; Section 19(1)(l) the Corporation Secretary or Chief Legal Officer; Section 19(1)(m) the Chief Medical Officer; and Section 19(1)(n) two members elected by the Students’ Association, 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, general discipline of students or other related matters. Section 19(2) The membership of the Senate shall include such other persons as the Council may determine from time to time under the Statutes. Section 19(3)(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 19(3)(b) proposing regulations to be made by the Council regarding the eligibility of persons for admission to degree, diploma and certificate programmes; Section 19(3)(c) proposing regulations to be made by the Council regarding the standard of proficiency to be gained in each examinations for degree, diploma, certificate or other awards of the University; Section 19(3)(d) establishing Campus and Academic Boards; Section 19(3)(e) deciding which persons have attained such standard of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other awards of the University; Section 19(3)(f) setting the dates for academic year and determining the schedule of academic programmes; Section 19(3)(g) regulating the conduct of examinations; Section 19(3)(h) approving the examination results; Section 19(3)(i) making regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards; Section 19(3)(j) developing, implementing and promoting quality assurance systems and structures in all University operations; Section 19(3)(k) discontinuing a student from a programme of study on academic grounds; Section 19(3)(l) receiving proposals from various boards and faculties, institutes, schools, centres and considering their recommendations and making appropriate decisions; Section 19(3)(m) reviewing 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 19(3)(n) recommending to the Council appropriate criteria for appointment and promotion of academic staff; Section 19(3)(o) 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 objectives of the University; and Section 19(3)(p) making regulations governing such other matters as are within its powers in accordance with this Charter and the Statutes. Section 19(4) The Deputy Vice-Chancellor (Academic Affairs) shall be the Secretary to the Senate. Section 19(5) The Senate shall exercise full responsibility over the academic work of the University. Section 19(6) The Senate may establish committees consisting of such members of the Senate or such other persons as it may deem fit, and may delegate any of its powers or functions to the Chairperson or any such committees. Section 19(7) The Senate may recommend to the Council the withdrawal of any degrees or other distinctions or titles, or the revocation of any diplomas or certificates granted by the University, and withdrawal of all privileges connected therewith in accordance with the provisions of the Statutes. - 20
MANAGEMENT OF THE UNIVERSITY - 20. The University Management Board
AI-assisted research summary: There shall be a University Management Board which shall perform the functions provided for in this Charter and the Statutes; the Vice‑Chancellor is Chairperson; the Chairperson may invite other officers to attend meetings (they may attend only and may not vote); and the Deputy Vice‑Chancellor (Administration) shall be Secretary to the Management Board.
Section 20. The University Management Board Section 20(1) There shall be a University Management Board which shall perform the functions provided for in this Charter and the Statutes. Section 20(2)(a) the Vice–Chancellor, who shall be the Chairperson; Section 20(2)(b) the Deputy Vice–Chancellors; Section 20(2)(c) the Principals of Colleges; Section 20(2)(d) the Registrars; Section 20(2)(e) the Corporation Secretary; Section 20(2)(f) the Chief Legal Officer; and Section 20(2)(g) the Director of Finance; Section 20(3) The Chairperson of the Management Board may invite other officers of the University to attend its meetings when specific matters pertaining to their departments or offices are being discussed but such officers shall be in attendance only and shall not be eligible to vote. Section 20(4) The Deputy Vice-Chancellor (Administration) shall be the Secretary to the Management Board. - 21
MANAGEMENT OF THE UNIVERSITY - 21. The Deputy Vice-Chancellors
AI-assisted research summary: There shall be two or more Deputy Vice-Chancellors; they must, under the general authority of the Vice-Chancellor, exercise powers and perform duties as provided by the Statutes; they hold office for a term of five years and are eligible for re-appointment for one further term.
Section 21. The Deputy Vice-Chancellors Section 21(1) There shall be two or more Deputy Vice-Chancellors of the University who shall be appointed in accordance with the provisions of the Act. Section 21(2) The Deputy Vice-Chancellors shall, under the general authority of the Vice-Chancellor, exercise such powers and perform such duties as may be provided by the Statutes. Section 21(3) The Deputy Vice-Chancellors of the University shall hold office for a term of five years and shall be eligible for re-appointment for one further term. - 22
MANAGEMENT OF THE UNIVERSITY - 22. Principals of Colleges and Campuses within the University
AI-assisted research summary: The Council must appoint a Principal for each college and a Director for each campus; those appointees are the academic and administrative heads and hold office for a term as specified in the Statutes.
Section 22. Principals of Colleges and Campuses within the University Section 22(1) The Council shall appoint for each college a Principal and for each campus a Director as provided for in the Statutes. Section 22(2) The Principal or a campus Director shall be the academic and administrative head of the college or campus respectively and shall, under the general authority of the Vice-Chancellor, have such other powers and duties as may be provided by the Statutes. Section 22(3) The Principal and the campus director shall hold office for a term as specified in the Statutes. - 23
MANAGEMENT OF THE UNIVERSITY - 23. Principals of Constituent Colleges
AI-assisted research summary: The Principal of a constituent college is appointed in accordance with the Act; the Principal holds office for five years and may be re-appointed for one further term.
Section 23. Principals of Constituent Colleges Section 23(1) The Principal of a constituent college shall be appointed in accordance with the provisions of the Act. Section 23(2) The Principal shall hold office for a period of five years and shall be eligible for re-appointment for one further term. - 24
MANAGEMENT OF THE UNIVERSITY - 24. Convocation
AI-assisted research summary: The University must have a convocation whose membership is prescribed by the Statutes.
Section 24. Convocation Section 24(1) There shall be a convocation of the University which shall consist of such members as may be prescribed by the Statutes. Section 24(2) The convocation shall be convened for purposes of the conferment of awards and for such other functions as may be provided for in the Statutes. - 25
MANAGEMENT OF THE UNIVERSITY - 25. Staff of the University
AI-assisted research summary: Section 25 defines categories of University staff (Senior Management, Teaching, Administrative, Technical, Support) and provides that the Council may delegate the power to appoint staff.
Section 25. Staff of the University Section 25(1) The Senior Management Staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of Colleges of the University, and such other members of staff as the Council may determine from time to time. Section 25(2) 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 25(3) The Administrative Staff of the University shall consist of the Registrars, the Directors, Finance Officer and such other members of staff not being engaged in teaching or research, as the Council may determine from time to time. Section 25(4) The Technical Staff of the University shall consist of the staff engaged in laboratory, field instruction, workshops and such similar areas 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 25(5) 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. Section 25(6)(a) in the manner and upon the prevailing terms and conditions of service; or Section 25(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 25(7) The Council may, subject to such restrictions as it may impose, delegate to any person, committee, or body either generally or specifically the power to appoint any member of the staff of the University. Section 25(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 25(8)(b) be subject to the general authority of the Council and of the Vice-Chancellor. - 26
MANAGEMENT OF THE UNIVERSITY - 26. Performance of Functions in Absence of Office Holders
AI-assisted research summary: If senior officers are incapacitated, the Council or Vice-Chancellor may appoint specified substitutes for up to 180 calendar days; "incapacity" is defined.
Section 26. Performance of Functions in Absence of Office Holders Section 26(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 period of one hundred and eighty calendar days. Section 26(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council may appoint a Principal of any of the colleges within the University to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum period of one hundred and eighty calendar days. Section 26(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 period of one hundred and eighty calendar days. Section 26(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 for a maximum period of one hundred and eighty calendar days. Section 26(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 - 27. Financial Year
AI-assisted research summary: The University's financial year is the 12‑month period starting 1 July and ending 30 June the following year.
Section 27. Financial Year Section 27(1) The financial year of the University shall be the period of twelve months commencing on the 1st July in one year and ending on the 30th June in the following year. Section 27(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. - 28
FINANCIAL PROVISIONS - 28. Annual Estimates
AI-assisted research summary: The Council must prepare annual estimates for the University, in accordance with section 44 of the Act, and before each financial year must cause estimates of the University's revenue and expenditure to be prepared; those estimates must provide for the categories of expenditure and funds listed in subsection (3).
Section 28. Annual Estimates Section 28(1) The Council shall cause annual estimates to be prepared in accordance with section 44 of the Act. Section 28(2) Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University for that year. Section 28(3)(a) expenditure on salaries, allowances and other charges in respect of members of the University; Section 28(3)(b) expenditure of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University; Section 28(3)(c) expenditure for proper maintenance of buildings and grounds of the University; Section 28(3)(d) expenditures for proper maintenance, repair and replacement of equipment and other movable property of the University; Section 28(3)(e) funding for the cost of teaching, research and outreach activities of the University; Section 28(3)(f) development expenditure; and Section 28(3)(g) 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 determine from time to time. - 29
FINANCIAL PROVISIONS - 29. Accounts and Audit
AI-assisted research summary: The Council must ensure proper books of accounts for the University's income, expenditure, assets and liabilities are kept; the accounts must be audited, with the Auditor-General responsible for auditing in accordance with specified Acts and financial regulations.
Section 29. Accounts and Audit Section 29(1) The Council shall cause proper books of accounts of income, expenditure, assets and liabilities of the University to be kept in accordance with section 47(1) of the Act. Section 29(2) The accounts of the University shall be audited and reported upon in accordance with the provisions of section 47 of the Act, and the Public Audit Act (Cap 412B). Section 29(3) The accounts of the University shall be audited by the Auditor-General in accordance with the provisions of the Public Audit Act (Cap 412B), the Public Finance Management Act (Cap 412A), and all relevant financial management regulations provided by the Ministry for the time being responsible for public finance. - 30
FINANCIAL PROVISIONS - 30. Funds and Property of the University
AI-assisted research summary: Lists permitted sources of the University's funds (capitation grants, income-generating activities by the University, loans from government and financial institutions, and subscriptions/donations/bequests that the Council may solicit and receive subject to other written law).
Section 30. Funds and Property of the University Section 30(1)(a) capitation grants; Section 30(1)(b) income generating activities undertaken by the University; Section 30(1)(c) loans from government and financial institutions; Section 30(1)(d) such 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 30(2) Unexpended balances of grants may be expended from one year to the next in accordance with provisions of section 46 of the Act.
Part VI
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 31. Instruments of Authority
AI-assisted research summary: The Common Seal of the University must be kept in custody as the University directs and must not be used except in the manner authorized by the University.
Section 31. Instruments of Authority Section 31(1)(a) the Mace; Section 31(1)(b) the Common Seal; and Section 31(1)(c) the University Logo. Section 31(2) The Common Seal of the University shall be kept in such custody as the University may direct and shall not be used except in the manner authorized by the University. Section 31(3)(a) where they are required to be under seal, if sealed with the common seal of the University and authenticated by the Chairperson of the Council and any other officer of the University so authorized by the University in the provisions of this Charter; and Section 31(3)(b) where not so required, if executed in that behalf by a member authorized by the Council for that purpose. Section 31(4) A deed, instrument, contract or other documents executed in accordance with subparagraph (3) shall be effective in law to bind the University and its successor and may be varied or discharged in the same manner as that in which it was executed. - 32
MISCELLANEOUS PROVISIONS - 32. The Statutes
AI-assisted research summary: Section 32 lists matters Statutes may cover and sets limits on the Council: it must not make, amend or revoke Statutes about the Chancellor, Vice‑Chancellor or Senate without first ascertaining the Senate's opinion, and Statutes must be made by a Council resolution supported by at least three‑quarters of members present and voting, comprising at least half of the Council's total membership.
Section 32. The Statutes Section 32(1)(a) the establishment of faculties, schools, institutes and centers of the University; Section 32(1)(b) the description of degrees, diplomas, certificates and other academic qualifications; Section 32(1)(c) the requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications; Section 32(1)(d) the conduct of examinations; Section 32(1)(e) prescribing fees and other charges; Section 32(1)(f) prescribing the rules and regulations for the conduct and association of student affairs; Section 32(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 32(1)(h) the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and Section 32(1)(i) providing for or prescribing anything, which, under this Charter may be provided for or prescribed by Statutes. Section 32(2) Notwithstanding subparagraph (1), 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 32(3) Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourths of the members present and voting, being not less than half of the total membership of the Council. - 33
MISCELLANEOUS PROVISIONS - 33. Protection of Name
AI-assisted research summary: Prohibits registration or use of names or the acronym combining "Tom Mboya" and "University" without the Council's written consent; unauthorized use in advertising is an offence with fines or imprisonment; bona-fide use for awarded degrees is allowed with authorization.
Section 33. Protection of Name Section 33(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 "Tom Mboya" and "University" together in any order, unless the application for the registration is accompanied by the written consent of the Council. Section 33(2) Any person who, except with the written consent of the Council, uses the words "Tom Mboya" 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 five million shillings, or to imprisonment for a term not exceeding three years, or to both. Section 33(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 her or him of a degree, diploma or certificate by the University subject to authorization. Section 33(4) 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 acronym which includes the letters "TMUSBE" together in that order, unless the application for the registration is accompanied by the written consent of the Council. - 34
MISCELLANEOUS PROVISIONS - 34. Revocation of Order
AI-assisted research summary: The Order cited (Tom Mboya University College Order of Legal Notice No. 55 of 8th April 2016) is revoked, but actions and property taken under it continue as if under this Charter unless inconsistent.
Section 34. Revocation of Order Section 34(1) The Tom Mboya University College Order of Legal Notice No. 55 of 8th April 2016 is revoked. Section 34(2) Notwithstanding subparagraph (1), all agreements, 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, so far as not inconsistent with this Charter, be deemed to have been given, taken, done or acquired under this Charter. - 35
MISCELLANEOUS PROVISIONS - 35. Transitional
AI-assisted research summary: Staff of the former Tom Mboya University College are deemed employees of the University under the same terms; students in diploma and certificate programmes immediately before the Charter will be awarded Tom Mboya University diplomas and certificates; the existing Council continues until the substantive Council is appointed and may develop Statutes; current Principal and Deputy Principals continue to discharge responsibilities until the Vice-Chancellor and other officers are appointed.
Section 35. Transitional Section 35(1) The staff of the Tom Mboya University College existing prior to the award of this Charter shall be deemed to be employees of the University under the same terms and conditions of service. Section 35(2) The students of the Tom Mboya University College pursuing diploma and certificate programmes courses immediately before the award of this Charter shall be awarded diplomas and certificates of Tom Mboya University. Section 35(3)(a) to continue and be awarded a degree of the Tom Mboya University; or Section 35(3)(b) to be awarded a degree of the Maseno University. Section 35(4)(a) the availability of space; and Section 35(4)(b) the accreditation of the relevant academic programme. Section 35(5)(a) the Council of the Tom Mboya University College shall continue to be in place and shall function as the Council of the Tom Mboya University until the appointment of the substantive Council of the University; and Section 35(5)(b) the Council of the Tom Mboya University College referred to in subparagraph (4)(a) may develop Statutes for Tom Mboya University under this Charter and the Statutes so made shall be deemed to have been made under this Charter; Section 35(6) The persons occupying the positions of Principal and Deputy Principals of the Tom Mboya University College shall continue to discharge their responsibilities and exercise such powers as set out in the Act, this Charter and Statutes of Tom Mboya University until the Vice-Chancellor and other officers of the University are appointed and assume office. - 36
MISCELLANEOUS PROVISIONS - 36. Variation and Revocation of the Charter
AI-assisted research summary: The Charter may be varied, amended or revoked in accordance with the provisions of the Act.
Section 36. Variation and Revocation of the Charter Section This Charter may be varied, amended or revoked in accordance with the provisions of the Act.
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