The Charter for Kaimosi Friends University

The Charter may be cited as Kaimosi Friends University Charter.

AI-assisted research synopsis — verify against the official legal text below.

Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 165 of 2022
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

The Charter may be cited as Kaimosi Friends University Charter. This section provides definitions (interpretation) of terms used in the Charter. The University may award scholarships, fellowships, bursaries, prizes and other awards, subject to this Charter and to provisions in the Statutes. Establishes Kaimosi Friends University and grants it corporate capacities including suing, owning and disposing of property, managing funds, and entering contracts; declares it the successor to Kaimosi Friends University College and provides for automatic transfer of rights, duties, staff, liabilities and assets. Vision: To be a center of excellence in teaching, innovation and holistic development.

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Provisions of The Charter for Kaimosi Friends University

Showing 36 of 36

Part I

PRELIMINARY

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PRELIMINARY - 1. Short title

AI-assisted research summary: The Charter may be cited as Kaimosi Friends University Charter.

Section 1. Short title Section This Charter may be cited as Kaimosi Friends University Charter.
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PRELIMINARY - 2. Interpretation

AI-assisted research summary: This section provides definitions (interpretation) of terms used in the Charter.

Section 2. Interpretation Section In this Charter, unless the context otherwise requires— "academic year" means a continuous period of teaching, examination and study organized in a full year mode, semester mode, trimester mode and quarter mode and extending over not less than thirty weeks in a calendar year; "Alumni Association" means the body established under Paragraph 20 of this Charter; "Act" means the Universities Act (Cap. 210); "affiliated institution" means an institution which has an academic linkage with the University for the purpose of granting certificates, diplomas and degrees in accordance with the Statutes; "Alumni" means a person who is a former student of the University who completed an approved programme of study and qualified for the award of the degree, diploma or certificate and staff of the University. "Alumni Association" means the Alumni association of the University established under paragraph 15 of this Charter; "Annual Estimates" means the estimates approved under paragraph 28 of this Charter in respect of any financial year; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for university education; "Campus" means a campus established in the University pursuant to paragraph 7 of this Charter. "Chairperson of Department" means the person appointed by the Vice-Chancellor to be the Chairperson of a teaching department or the head of any unit of the University; "Chancellor" means the Chancellor of the University appointed under paragraph 12 of this Charter; "College" means a College established by the University pursuant to the recommendation made under paragraph 7 of this Charter but does not include a Constituent College; "Commission" means the Commission for University Education established by section 4 of the Act; "Constituent College" means a Constituent College established under paragraph 8 of this Charter; "Council "means the Council of the University established under paragraph 13 of this Charter; "Dean" means dean of a faculty, school or centre as appointed by the Vice-Chancellor in accordance with the Statutes; "Dean of Students" means the person appointed to be the Dean of Students of the University in accordance with the Statutes. "Deputy Vice-Chancellor" means the Deputy Vice-Chancellor appointed under paragraph 19 of this Charter; "Director" means a person appointed by the Vice-Chancellor as a head of a Directorate, institute or center in the University; "Librarian" means the person appointed to be a University Librarian of the University. "graduate" means a person upon whom a degree of the University has been conferred or to whom a qualification of the University has been a warded as determined by the Senate; "Institute" means an institute of the University established by the Statutes; "Lecturer" means a scholar with qualifications in the relevant discipline, teaching experience and engagement in research and publication; "Principal" means a person appointed under paragraphs 20 and 21 of this Charter to be Principal of a campus, college or a Constituent College; "Professor" means a Professor of the University, but does not include an Associate Professor; "faculty or school" means a faculty or school as defined by the Statutes; "Staff Union "means a union of staff as defined by the Labour Relations Act (Cap. 233); "student" means a person for the time being registered by the University for the purpose of obtaining a qualification of the University or any person who is determined by the Senate to be a student; "Students’ Association" means the organization of students recognized by the Council as being an organization representative of the students of the University; "Senate" means the Senate of the University established under paragraph 17 of this Charter; "University" means the Kaimosi Friends University established by paragraph 3 of this Charter; "University Management Board" means the University Management Board of the University provided by paragraph 18 of this Charter. "Vice-Chancellor" means the Vice-Chancellor of the University appointed under paragraph 16 of this Charter.

Part II

ESTABLISHMENT AND FUNCTIONS THE UNIVERSITY

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ESTABLISHMENT AND FUNCTIONS THE UNIVERSITY - 10. Awards of Scholarships

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

Section 10. Awards of Scholarships Section Subject to this Charter, the University may award scholarships, fellowships, bursaries, prizes and other awards which may be provided for by the Statutes.
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ESTABLISHMENT AND FUNCTIONS THE UNIVERSITY - 3. Establishment and Incorporation of the University

AI-assisted research summary: Establishes Kaimosi Friends University and grants it corporate capacities including suing, owning and disposing of property, managing funds, and entering contracts; declares it the successor to Kaimosi Friends University College and provides for automatic transfer of rights, duties, staff, liabilities and assets.

Section 3. Establishment and Incorporation of the University Section 3(1) There is hereby established a University to be known as Kaimosi Friends 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 and lending money; and Section 3(2)(d) carrying out or performing any such functions or acts, including entering into such contracts as may be necessary or expedient, for the proper performance and furtherance of the provision of this Charter, which may lawfully be done by a body corporate. Section 3(3) The Kaimosi Friends University shall be the successor to Kaimosi Friends University College established under Legal Notice No. 87 of 2015 . Section 3(4) All rights, duties, obligations, staff, liabilities and assets held by Kaimosi Friends University College or by anybody on behalf of the Kaimosi Friends University College, existing at the commencement of this Charter, shall be automatically and fully transferred to the University, and any reference to Kaimosi Friends University in any contract or document shall, for all purposes, be deemed to be a reference to the University established under subparagraph 3(1) of this Charter.
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ESTABLISHMENT AND FUNCTIONS THE UNIVERSITY - 4. Vision and Mission

AI-assisted research summary: Vision: To be a center of excellence in teaching, innovation and holistic development.

Section 4. Vision and Mission Section Vision: To be a center of excellence in teaching, innovation and holistic development.
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ESTABLISHMENT AND FUNCTIONS THE UNIVERSITY - 5. Philosophy

AI-assisted research summary: The University states an aspiration to be ranked among world-class universities based on academic excellence and research that impact societal needs.

Section 5. Philosophy Section The University endeavors to be ranked amongst the world class universities based on academic excellence and research that impact on societal needs.
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ESTABLISHMENT AND FUNCTIONS THE UNIVERSITY - 6. Functions, Aims and Objectives of the University

AI-assisted research summary: Section 6 sets out the University's functions and states that admission is open to all persons qualified by the Senate and that the University shall charge fees as approved by the Council to defray educational expenses.

Section 6. Functions, Aims and Objectives of the University Section 6(1)(a) provide directly, or in collaboration, with other institutions of higher learning, facilities for university education including technological, scientific, professional education and research; Section 6(1)(b) advance knowledge and its practical application by research, innovation and other means; Section 6(1)(c) disseminate the outcomes of research by various means, and commercially exploit the results of such research; Section 6(1)(d) participate in technological innovation as well as in the discovery, creation, transmission and enhancement of knowledge, and to stimulate the intellectual life in the economic, social, cultural, scientific, and technological development; Section 6(1)(e) contribute to industrial and technological development of society in collaboration and partnership with industry and other organizations; Section 6(1)(f) develop quality and relevant programmes for degrees, diplomas and certificates; Section 6(1)(g) establish colleges, faculties, schools, centres, institutes, departments, and other resources and administrative units as may be appropriate; Section 6(1)(h) inculcate and promote a culture of innovation, critical inquiry and creativity in art, science, technology, engineering, and education, amongst staff, students, and society; Section 6(1)(i) develop an institution of excellence in teaching, training, scholarship, entrepreneurship, research, consultancy, community service, among other educational services and products, with emphasis on technology and its development, impact and application to society; Section 6(1)(j) 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 6(1)(k) provide high quality facilities for educational, research, residential, commercial, cultural, social, recreational, sporting, and other activities; Section 6(1)(l) facilitate student mobility between programmes of study at different universities; Section 6(1)(m) participate in commercial ventures and activities that promote the objectives of the institution; Section 6(1)(n) foster the general welfare of staff, students, and the community; Section 6(1)(o) provide opportunities for development and further training for staff of the institution; Section 6(1)(p) develop and provide educational, cultural, professional, technical and vocational services to the community and in particular fostering of corporate social responsibility; Section 6(1)(q) facilitate the development, provision, and expansion of services, programmes, and other products in ways that are easily accessible and reflect the principles of equity and social justice; Section 6(1)(r) conduct examinations for, and grant such, academic awards as may be provided for in the Statutes, and to syndicate examinations for awards at other institutions as may be approved by the Senate; Section 6(1)(s) determine who may teach, what may be taught, and how it may be taught in the University; Section 6(1)(t) promote socio-economic development in line with the country’s development agenda; and Section 6(1)(u) ensure the University sustainability and adoption of the best practices in University management and institutionalization of systems of checks and balances. Section 6(2) Admission to the University as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Senate in accordance with this Charter without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, colour, creed, physical ability or gender, and no barrier based on any such distinction shall be imposed upon any person as a condition of their becoming, or continuing to be, a professor, lecturer, graduate or student of the University, 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. Section 6(3) The University shall charge such fees or levy as may, from time to time, be approved by the Council for students admitted to the University for defraying expenses connected with their education.
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ESTABLISHMENT AND FUNCTIONS THE UNIVERSITY - 7. Establishment of Campuses and Colleges within the University

AI-assisted research summary: The Council may, on the advice of the Senate, establish colleges within the University.

Section 7. Establishment of Campuses and Colleges within the University Section 7(1) The Council may, on the advice of the Senate, establish colleges within the University whose functions and powers shall be provided for in the Statutes. Section 7(2) A College established within the University shall consist of such faculties, schools, institutes, departments, centers and other resource and administrative units as may be provided for by the Statutes.
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ESTABLISHMENT AND FUNCTIONS THE UNIVERSITY - 8. Establishment of Constituent Colleges

AI-assisted research summary: The Cabinet Secretary may, on the Council's advice and the Commission's recommendation, and by order published in the Gazette, establish or declare an institution to be a Constituent College of the University.

Section 8. Establishment of Constituent Colleges Section The Cabinet Secretary may, on the advice of the Council and the recommendation of the Commission, 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.
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ESTABLISHMENT AND FUNCTIONS THE UNIVERSITY - 9. Conferment, granting, cancellation and withdrawal of Degree, Diplomas, Certificates and other awards.

AI-assisted research summary: The Council may, subject to the Charter and on the recommendation of the Senate, cancel or withdraw certificates, diplomas and degrees (including honorary degrees) or other awards.

Section 9. Conferment, granting, cancellation and withdrawal of Degree, Diplomas, Certificates and other awards. Section 9(1)(a) award diplomas or certificates or other awards; Section 9(1)(b) confer the degrees of Bachelors, Masters and Doctorate and such other degrees as may be provided for by the Statutes; and Section 9(1)(c) confer honorary degrees or any other academic distinction upon 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 9(2) Subject to this Charter, the Council may, on the recommendation of the Senate, cancel or withdraw such certificates, diplomas and degrees, including honorary degrees, or any 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 - 11. The membership of the University

AI-assisted research summary: Members of the University are entitled to the rights and privileges outlined in the Statutes.

Section 11. The membership of the University Section 11(1)(a) the Chancellor; Section 11(1)(b) the Council; Section 11(1)(c) the Vice-Chancellor; Section 11(1)(d) the Deputy Vice-Chancellors; Section 11(1)(e) the Principals of Constituent Colleges; Section 11(1)(f) the Principals of Colleges and Campus within the University; Section 11(1)(g) the members of the Senate; Section 11(1)(h) the University Management Board; Section 11(1)(i) the Lecturers; Section 11(1)(j) the Registrars; Section 11(1)(k) the Librarians; Section 11(1)(l) the Corporation Secretary and Chief Legal Officer of the University; Section 11(1)(m) the Finance Officer; Section 11(1)(n) the Dean of Students; Section 11(1)(o) the members of Governing Body of each Constituent College; Section 11(1)(p) the students; Section 11(1)(q) the Alumni; Section 11(1)(r) the non-teaching staff; and Section 11(1)(s) such other persons as may be declared members of the University by the Council on the recommendation of the Senate. Section 11(2) The members of the University shall enjoy such rights and privileges as may be outlined in the Statutes.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 12. The Chancellor

AI-assisted research summary: There shall be a Chancellor of the University who shall be appointed and hold office in accordance with the Act; the Chancellor is the titular head and shall, in the name of the University, confer degrees and grant diplomas, certificates and other awards; the Chancellor may direct inspections and inquiries, arrange visitations as provided by statutes, and may give advice to the Council; the Chancellor shall enjoy powers and privileges and perform functions as provided by the statutes.

Section 12. The Chancellor Section 12(1) There shall be a Chancellor of the University who shall be appointed and hold office in accordance with the Act. Section 12(2)(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 12(2)(b) may from time to time, direct an inspection of the University or an inquiry into the teaching, research or any other work of the University; Section 12(2)(c) may arrange for visitation into the general administration and organization of the University in such a manner as may be provided by the statutes; Section 12(2)(d) may from time to time give advice to the Council which he considers necessary for the betterment of the University; and Section 12(3) The Chancellor shall enjoy such powers and privileges and perform such other functions as may be provided by the statutes.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 13. The Council

AI-assisted research summary: Establishes a Council as the governing body of the University and sets membership, terms, duties, powers and procedures for Council operations.

Section 13. The Council Section 13(1) There shall be a Council of the University whose members shall be appointed in accordance with the Act. Section 13(2)(a) the Chairperson who shall be appointed by the President; Section 13(2)(b) the Principal Secretary in the Ministry for the time being responsible for the university education; Section 13(2)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 13(2)(d) five members appointed by the Cabinet Secretary through an open process in such a manner as may be prescribed in the guidelines issued by the Cabinet Secretary; and Section 13(2)(e) the Vice-Chancellor or, in the case of a Constituent College, the Principal of such College, shall be an ex officio member of the Council. Section 13(3) Subject to this paragraph, a member of the Council, other than an ex officio member, shall hold office for a term of three years and shall be eligible for re- appointment for one further term. Section 13(4) The members of Council other than the ex officio members shall at the first meeting after their appointment determine by lot which of their number shall vacate office after a period of three and four years respectively to ensure continuity in the activities of the Council. Section 13(5) The Council shall be the governing body of the University. Section 13(6)(a) not being an ex officio member, resigns from office by notice in writing addressed to the Vice-Chancellor; Section 13(6)(b) is, by reasons of physical or mental infirmity, unable to exercise the functions of the office of the member to the satisfaction of the Council; Section 13(6)(c) is adjudged bankrupt by a court of competent jurisdiction or enters into composition or scheme or arrangement for the benefit of creditors; Section 13(6)(d) is adjudged or declared by any court of competent jurisdiction or tribunal to be of unsound mind; Section 13(6)(e) is convicted of an offence by a court of competent jurisdiction and sentenced to imprisonment for a term exceeding six months; Section 13(6)(f) is guilty of gross misconduct; or Section 13(6)(g) dies. Section 13(7) Where the office of a member of the Council becomes vacant, the Vice-Chancellor shall forthwith notify the vacancy to appropriate appointing authority. Section 13(8) The procedure, conduct and regulation of the affairs of the Council shall be determined in accordance to this Charter and the Statutes. Section 13(9) 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. Section 13(10)(a) subject to the provisions of the Act and after consultation with the Senate, to make Statutes for the University; Section 13(10)(b) to approve policies of the University; Section 13(10)(c) to make and approve Statutes for the University; Section 13(10)(d) to determine the method of recruitment, appointment and promotion of all staff of the University; Section 13(10)(e) to appoint and determine the terms and conditions of service for all staff of the University: Section 13(10)(f) to confer after receiving a report from the Senate, the title of Emeritus Professor, Visiting professors, Honorary Professor, Honorary lecturer or Honorary Fellow; Section 13(10)(g) to approve the budget of the University; Section 13(10)(h) to promote and to make financial provisions and facilities for execution of the functions of the University; Section 13(10)(i) to determine, after considering the recommendations of the Senate, all fees payable to the University; Section 13(10)(j) to approve the investment of any money belonging to the University, including any unutilized income, in such stocks, funds, fully paid shares or securities as the Council may from time to time deem fit in accordance with the general law for the investment of trust moneys or in the purchase of freehold or leasehold properties yielding rents and subject to the provisions of the Act, with the powers of varying such investment from time to time by sale or re-investment or otherwise; Section 13(10)(k) subject to the laid down Government procedures, to approve the sale, purchase, exchange, or take-over, or lease of movable and immovable property on behalf of the University; Section 13(10)(l) subject to the laid down Government procedures, approve the borrowing of money on behalf of the University; and for that purpose and subject to the Act, to mortgage or charge all or any part of the property unless the conditions of the property so held provide otherwise, and to give such other security whether upon movable and immovable property or otherwise as the Council may deem fit; Section 13(10)(m) on the recommendation of the Senate, to provide in accordance with the Statutes, for the creation of new divisions, faculties, schools, institutes, departments, centres or other bodies of learning, research and production in the University, whether formed by sub-division of one or more than one of any such body, and to approve the establishment, abolition or subdivision of any such body however so described; Section 13(10)(n) on the recommendation of the Senate, to institute fellowships scholarships, studentships, exhibitions, bursaries, prizes and other aids to study and research; Section 13(10)(o) to approve the terms and conditions upon which internal and external examiners shall be appointed by the Senate; Section 13(10)(p) to empower committees to act jointly with any Committees appointed by the Senate, provided that the Council shall not delegate to the Chairperson or to a Committee the powers to approve without further reference to the Council the annual estimates of expenditure; Section 13(10)(q) to approve regulations governing the conduct and discipline of the students of the University; Section 13(10)(r) to receive, on behalf of the University, donations, endowments, gifts, grants or other moneys and make legitimate disbursements wherefrom; Section 13(10)(s) to approve the constitution of the Students Organization and so far as is reasonably practicable, to ensure that the Students’ Organization operates in a fair and democratic manner and is accountable for its finances; Section 13(10)(t) to provide for the welfare of the staff and students of the University; Section 13(10)(u) to approve regulations governing the recruitment, conduct and discipline of the staff of the University; Section 13(10)(v) to monitor and evaluate the implementation of strategies, policies, and the management criteria and plans of the University; Section 13(10)(w) to constantly review the viability and financial sustainability of the University, and shall do so once every year; Section 13(10)(x) to ensure that the University complies with the constitution, other relevant laws, regulations, governance practices, accounting and auditing standards; and Section 13(10)(y) to perform such other duties as may be contained in the Statutes and may have such other powers as contained in the Act. Section 13(11) The Council shall ensure that a proper management structure is in place and ensure that the structure functions to maintain corporate integrity, reputation and responsibility of the University. Section 13(12) The Council may delegate the exercise of any of its functions or duties set out in this Charter or other written law to committees, member or employee of the Council.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 14. Students’ Association

AI-assisted research summary: A Students’ Association shall be established in accordance with the Statutes.

Section 14. Students’ Association Section There shall be a Students’ Association established in accordance with the Statutes.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. The Alumni Association

AI-assisted research summary: Establishes an Alumni Association; grants it the right to meet, discuss University matters, and send resolutions to Council or Senate; allows it to exercise other statute-prescribed functions; and requires the Senate to propose related rules to the Council.

Section 15. The Alumni Association Section 15(1) There shall be an Alumni Association of the University which shall consist of graduates of the University and such other persons as may be prescribed by the Statutes. Section 15(2) The Alumni Association shall have the right to meet and discuss any matter relating to the University and transmit resolutions thereon to the Council or the Senate, and may exercise such other functions as the Statutes may prescribe. Section 15(3) The Senate shall propose rules for consideration by the Council regarding establishment and promotion of the Alumni Association.

Part IV

MANAGEMENT OF THE UNIVERSITY

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MANAGEMENT OF THE UNIVERSITY - 16. The Vice-Chancellor

AI-assisted research summary: Section establishes the office of Vice-Chancellor, sets core responsibilities (academic/administrative head; overall responsibility for direction, organization, administration and programmes; other duties in Charter and Statutes), states a five-year term, and entitlement to one further re-appointment.

Section 16. The Vice-Chancellor Section 16(1) There shall be a Vice-Chancellor of the University who shall be appointed in accordance with the Act. Section 16(2)(a) be the academic and administrative head of the University; Section 16(2)(b) have overall responsibility of the direction, organization, administration and programmes of the University; and Section 16(2)(c) have such responsibilities and duties as may be provided for in this Charter and the Statutes. Section 16(3) The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one a further term.
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MANAGEMENT OF THE UNIVERSITY - 17. The Senate

AI-assisted research summary: The Senate is responsible for academic oversight, including approving syllabi and awards, determining academic standards and discontinuing students on academic grounds; the Deputy Vice-Chancellor (Academic Affairs) is Secretary to the Senate.

Section 17. The Senate Section 17(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 17(1)(b) the Deputy Vice-Chancellors; Section 17(1)(c) the Principal of each Constituent College; Section 17(1)(d) the Principal of each College and Directors of Campuses of the University; Section 17(1)(e) the Finance Officer; Section 17(1)(f) the Registrars; Section 17(1)(g) the Deans of Faculties, Schools, Institutes, Centres and other academic units that admit students; Section 17(1)(h) the Chairpersons of Departments; Section 17(1)(i) the Professors of the University; Section 17(1)(j) the members elected by the Academic Board or equivalent body of each Constituent College from amongst its members; Section 17(1)(k) the University Librarian; Section 17(1)(l) the Dean of Students; Section 17(1)(m) the Directors for the time being responsible for various units in the University; Section 17(1)(n) one representative of each of the staff union; Section 17(1)(o) two members elected by the Students’ Association, who shall however not be entitled to attend deliberations of the Senate considered by the Chairperson to be confidential or which relate to examinations, the general discipline of students, and other related matters; and Section 17(1)(p) such other member as Senate may determine in accordance with the Statutes. Section 17(2) The Deputy Vice-Chancellor (Academic Affairs) shall be the Secretary to the Senate. Section 17(3)(a) to satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University; Section 17(3)(b) to propose Statutes to be made by the Council regarding the eligibility of persons for admission to degree, diploma and certificate programmes; Section 17(3)(c) to propose the 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 17(3)(d) to decide 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 17(3)(e) to initiate proposals relating to the conduct of the University’s academic programmes or affairs generally and to make representations thereon to the Council; Section 17(3)(f) to recommend to the Council the establishment, or abolition or harmonization of Faculties, Schools, Institutes, Units, Departments, and Centres as the Senate may from time to time deem necessary; Section 17(3)(g) subject to the Act, to make recommendations to the Council for the establishment or abolition or supervision, degrees and other academic programmes and their titles in the University; Section 17(3)(h) to set the dates of the academic year and to determine the schedule of academic programmes within the academic year; Section 17(3)(i) to approve all syllabi of the University; Section 17(3)(j) to make regulations governing methods of assessing and examining the academic performance of students; Section 17(3)(k) to evaluate academic records of both undergraduate and postgraduate candidates for the purpose of admission into the University; Section 17(3)(l) to regulate the conduct of examinations; Section 17(3)(m) to appoint internal and external examiners and recommend to the Council the terms and conditions for their appointment; Section 17(3)(n) to approve the examination results; Section 17(3)(o) subject to the Act, to approve the award of degrees including the award of honorary degrees and other academic distinctions; Section 17(3)(p) to determine which qualifications or credits from other universities or institutions shall be acceptable as equivalent to particular qualifications of the University; Section 17(3)(q) to determine the procedure to be followed in the conferment of the degrees and other awards; Section 17(3)(r) to determine the design of academic dress and prescribe its use; Section 17(3)(s) to evaluate research, teaching, staffing and general work of anybody or a section of the University and if it so wishes to report and make recommendations thereon to the Council; Section 17(3)(t) to promote and administer the extra-mural, external and extension work of the University; Section 17(3)(u) to promote research and innovation work in the University; Section 17(3)(v) to promote co-operation and linkages with other institutions of higher learning and industry; Section 17(3)(w) to make regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards; Section 17(3)(x) to develop, implement and promote quality assurance systems and structures in all the University operations; Section 17(3)(y) to promote the welfare of students and staff in the University; Section 17(3)(z) to discontinue any student from a programme of study on academic grounds; Section 17(3)(z)(aa) to discontinue any student from a programme of study on academic grounds; Section 17(3)(z)(bb) to receive proposals from various Boards and Faculties, institutes, Schools, and Centers and to consider their recommendations and make appropriate decisions; Section 17(3)(z)(cc) to recommend to the Council appropriate criteria for appointment and promotion of academic staff of the University; Section 17(3)(z)(dd) to review the Statutes from time to time and to present recommendations thereon to the Council, provided that all the Statutes shall be reviewed at least once every five years; and Section 17(3)(z)(ee) to determine general policy matters relating to the library, laboratory facilities, teaching aids, workshops and such other academic services which are in its view necessary for the furtherance of the academic objectives of the University. Section 17(4) The Senate shall exercise such other powers as may be conferred by the Act, the Statutes or by the regulations and do such other acts as the Council may authorize. Section 17(5) Notwithstanding the provisions of this Charter, the Council shall not initiate any action with respect to academic matters or reject or amend any regulations relating to academic matters, as proposed by the Senate without further reference to the Senate.
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MANAGEMENT OF THE UNIVERSITY - 18. The University Management Board

AI-assisted research summary: Creates a University Management Board, lists its membership, assigns functions to it, allows the Chairperson to invite non-voting officers to meetings, and designates the Deputy Vice-Chancellor (Administration) as secretary.

Section 18. The University Management Board Section 18(1) There shall be a University Management Board which shall function as provided for in this Charter and the Statutes. Section 18(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 18(2)(b) the Deputy Vice-Chancellors; Section 18(2)(c) the Principals of Colleges within the University; Section 18(2)(d) the Registrars; Section 18(2)(e) the Finance Officer; Section 18(2)(f) the Corporation Secretary and Chief Legal Officer; Section 18(2)(g) the Dean of Students; and Section 18(2)(h) such other member of Senior Management as the Council may determine in accordance with the Statutes. Section 18(3) The Chairperson of the Management Board may invite other officers of the University to attend management board meetings when specific matters pertaining to their departments or offices are being discussed and such officers shall be in attendance but not be eligible to vote. Section 18(4)(a) the efficient management of the human, physical, and financial resources of the University; Section 18(4)(b) ensuring that resources are available to various units of the University to ensure efficient operations; Section 18(4)(c) making proposals to the Council and the Senate on policies that have a University wide application; Section 18(4)(d) coordinating and implementing the University strategic and development plans; Section 18(4)(e) ensure that decisions of the Council are implemented; Section 18(4)(f) implementing the University policies; Section 18(4)(g) recommending to the Council budgets for approval for programmes for various sections of the University; Section 18(4)(h) forming management committees as may be appropriate to perform such functions and discharge such responsibilities as it may determine for efficient running of the University; Section 18(4)(i) monitoring and evaluation of the University projects and the use of resources; and Section 18(4)(j) performance such other functions as may be delegated by the Council. Section 18(5) The Deputy Vice-Chancellor (Administration) shall be the secretary to the University Management Board.
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MANAGEMENT OF THE UNIVERSITY - 19. Deputy Vice-Chancellors

AI-assisted research summary: Deputy Vice-Chancellors hold office for five years and may be re-appointed for one further term; they are appointed in accordance with the Act and are under the general authority of the Vice-Chancellor and exercise powers and duties provided by the Statutes.

Section 19. Deputy Vice-Chancellors Section 19(1) There shall be such number of Deputy Vice-Chancellors as may be appropriate, who shall be appointed in accordance with the Act and who shall be under general authority of the Vice-Chancellor and shall exercise such powers and performs such duties as may be provided for by the Statutes; Section 19(2) A Deputy Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term.
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MANAGEMENT OF THE UNIVERSITY - 20. Principals of Constituent Colleges

AI-assisted research summary: The Principal of a constituent college shall hold office on terms and for periods set by the Statutes and is eligible for re-appointment for one further term; the Principal shall be appointed in accordance with the Act and serve as the academic and administrative head of the college.

Section 20. Principals of Constituent Colleges Section 20(1) The Principal of a constituent college shall be appointed in accordance with the Act and shall be the academic and administrative head of such college. Section 20(2) The Principal shall hold office upon such terms and for such period as may be provided for by the Statutes and shall be eligible for re-appointment for one further term.
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MANAGEMENT OF THE UNIVERSITY - 21. 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; the Principal or campus Director shall be the academic and administrative head under the Vice‑Chancellor and have powers and duties provided by the Statutes; they shall hold office for periods specified in the Statutes.

Section 21. Principals of Colleges and Campuses within the University Section 21(1) The Council shall appoint for each college a Principal and for each campus a Director in accordance with the Statutes. Section 21(2) The Principal or campus Director shall be the academic and administrative head of the college or campus, as the case may be and shall, under the general authority of the Vice-Chancellor, have such other powers and duties as may be provided for by the Statutes. Section 21(3) The Principal and the campus director shall hold office for such period as may be specified in the Statutes.
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MANAGEMENT OF THE UNIVERSITY - 22. Staff of the University

AI-assisted research summary: Section 22 defines categories of University staff (Senior Management, Teaching, Administrative, Technical, Support) and gives the Council powers to determine additional members and to delegate appointment powers.

Section 22. Staff of the University Section 22(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 22(2) The Teaching Staff of the University shall consist of the all members of staff who are engaged in teaching, research or extension in the University. Section 22(3) The Administrative Staff of the University shall consist of the Registrars, the Directors, the Finance Officer and such other members of staff not engaged in teaching or research, as the Council may determine from time to time. Section 22(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 such teaching departments, and as the Council may determine from time to time. Section 22(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 22(6)(a) in the manner and upon the terms and conditions of the services prescribed by the Statutes; and Section 22(6)(b) in the case of a person seconded to the services of the University from the services of another institution, the Government or any other public services, on terms and condition agreed upon with the Council. Section 22(7) The Council may, subject to such restrictions as it may impose, delegate either generally or specifically, to any person, committee, or body, the power to appoint any member of the staff of the University. Section 22(8)(a) be employed in accordance with the Statutes or otherwise specifically provided by the Statutes or by the terms of a particular appointment; Section 22(8)(b) be subject to the general authority of the Council and of the Vice-Chancellor; and
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MANAGEMENT OF THE UNIVERSITY - 23. Convocation

AI-assisted research summary: The University must have a Convocation made up of its graduates and other persons prescribed by the Statutes; the Convocation has the right to meet, discuss University matters, transmit resolutions to the Council and the Senate, and may exercise other functions prescribed by the Statutes.

Section 23. Convocation Section 23(1) There shall be a Convocation of the University which shall consist of graduates of the University and such other persons as may be prescribed by the Statutes. Section 23(2) The Convocation shall have the right to meet and discuss any matter relating to the University and transmit its resolutions thereon to the Council and the Senate, and may exercise such other functions as the Statutes may prescribe.
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MANAGEMENT OF THE UNIVERSITY - 24. Performance of Functions in the absence of Office holder

AI-assisted research summary: If the Vice-Chancellor is incapacitated, the Council must appoint a Deputy Vice-Chancellor to act for up to 180 calendar days; if both Vice‑Chancellor and Deputy Vice‑Chancellors are incapacitated the Chairperson (after consulting the Chancellor) may appoint a College Principal for up to 180 days; if those and College Principals are all incapacitated the Chancellor (after consulting the Chairperson) may appoint a Professor for up to 180 days; the Vice‑Chancellor may appoint a suitable person when any other staff member is incapacitated.

Section 24. Performance of Functions in the absence of Office holder Section 24(1) In the event of the incapacity of the Vice-Chancellor, the Council shall appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days. Section 24(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Chairperson of the Council after consultation with the Chancellor may appoint a Principal of any of the colleges of the University to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days. Section 24(3) In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellors, and the Principals of Colleges of the University, the Chancellor after consultation with the Chairperson of the Council may appoint a member of the academic staff at the level of Professor to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days. Section 24(4) In the event of the incapacity of any other member of staff of the University, 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 period of one hundred and eighty calendar days. Section 24(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. Section 24(6) At the expiry of the period provided in this paragraph the position in respect of which the vacancy has arisen shall be filled following the prescribed procedure.

Part V

FINANCIAL PROVISIONS

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FINANCIAL PROVISIONS - 25. Financial Year

AI-assisted research summary: The University’s financial year is the twelve-month period starting 1st of July and ending 30th of June the following year.

Section 25. Financial Year Section 25(1) The financial year of the University shall be the period of twelve months commencing on 1st of July and ending on 30th of June in the following year. Section 25(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.
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FINANCIAL PROVISIONS - 26. Funds of the University

AI-assisted research summary: The Exchequer may grant sums to the University.

Section 26. Funds of the University Section such sums as may be granted to the University by the Exchequer;
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FINANCIAL PROVISIONS - 27. Investments of Funds

AI-assisted research summary: The Council may invest University funds in approved securities or place surplus monies on deposit with banks.

Section 27. Investments of Funds Section 27(1) The Council may invest any of the funds of the University in securities, treasury bonds, trust funds or in any other securities which the National Treasury may approve from time to time. Section 27(2) The Council may place on deposit with such banks as it may determine any monies not immediately required for the purposes of the University.
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FINANCIAL PROVISIONS - 28. Annual Estimates

AI-assisted research summary: The Council must prepare and approve annual revenue and expenditure estimates before each financial year, submit them to the Cabinet Secretary for approval, and may not increase sums without the Cabinet Secretary's consent; expenditure is only allowed according to the approved estimates or with Council authorization given with prior Cabinet Secretary approval.

Section 28. Annual Estimates Section 28(1) 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(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 28(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 28(2)(c) for the proper maintenance of the buildings and grounds of the University; Section 28(2)(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University; Section 28(2)(e) for the funding of the cost of teaching, research and outreach activities of the University; Section 28(2)(f) for development purposes; and Section 28(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 28(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval, and after the approval, the Council shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary. Section 28(4) No expenditure shall be incurred for the purpose of the University except in accordance with the annual estimates approved under subparagraph (3) or in pursuance of an authorization of the Council given with the prior approval of the Cabinet Secretary.
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FINANCIAL PROVISIONS - 29. Accounts and Audit

AI-assisted research summary: The Council must cause proper books of accounts to be kept recording the University's income, expenditure and assets.

Section 29. Accounts and Audit Section 29(1) The Council shall cause to be kept all proper books of accounts of the income, expenditure and assets of the University. Section 29(2)(a) a statement of income and expenditure during that financial year; and Section 29(2)(b) a statement of the assets and liabilities of the University on the last day of that financial year. Section 29(3) The accounts of the University shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B) and any other relevant law. Section 29(4) The Auditor-General may transmit to the Cabinet Secretary a special report on any matters incidental to his powers under this Charter, and the Public Audit Act (Cap. 412B).

Part VI

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 30. Instruments of Governance

AI-assisted research summary: The University must conspicuously display its instruments of governance; if an instrument is revoked the University must return the original to the Commission within fourteen days, subject to the Charter's provisions.

Section 30. Instruments of Governance Section 30(1) The University shall conspicuously display all its instruments of governance. Section 30(2) Where any instrument is revoked under this Charter, the University shall, within fourteen days of such revocation, return the original instrument of governance to the Commission subject to the provisions of this Charter.
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MISCELLANEOUS PROVISIONS - 31. Instruments of Authority

AI-assisted research summary: Lists University instruments (Mace, Common Seal, Logo, Flag, Anthem, Assessment Report) and sets rules for custody, authentication and authorized signatures; prohibits use of the Common Seal and Logo by persons or bodies except with the Council's consent.

Section 31. Instruments of Authority Section 31(1)(a) the University Mace; Section 31(1)(b) the Common Seal; Section 31(1)(c) the University Logo; Section 31(1)(d) the University Flag; Section 31(1)(e) the Anthem; and Section 31(1)(f) the Assessment Report. Section 31(2) The Common Seal of the University shall be kept in such custody and used only as the Council shall direct. Section 31(3) The Common Seal of the University shall be authenticated by the signatures of the Vice-Chancellor and any other person duly authorized by the Council. Section 31(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 authorization of the Council under this paragraph shall be presumed to have been duly given. Section 31(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 authorized by the Council on its behalf. Section 31(6) The Mace shall be kept in such custody as the Council may direct. Section 31(7) The Mace shall be used as specified in the Statutes. Section 31(8) The Flag and the Anthem shall be as specified in the Statutes. Section 31(9) No person, body, authority or organization performing any function related to administration, registration of companies, business, trade, advertisement, calling, profession, use of the Common Seal and Logo of the Kaimosi Friends University except with the consent of the Council and the authorized representative of the Council.
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MISCELLANEOUS PROVISIONS - 32. Statutes

AI-assisted research summary: Section 32 lists matters for Statutes and sets rules for the Council: the Council must not make, amend or revoke Statutes about the Chancellor, Vice‑Chancellor or Senate without reference to the Senate; Statutes must be made or amended only by a Council resolution supported by at least three‑quarters of members present and voting and at least half of total membership; Statutes or regulations made by the Council must be published in the Gazette.

Section 32. Statutes Section 32(1)(a) the establishment of Campuses, Colleges, Faculties, Schools, Institutes, Centers, and Departments 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) setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of staff of the University; Section 32(1)(g) the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; Section 32(1)(h) prescribing the rules and regulations for the students’ organizations; Section 32(1)(i) providing for or prescribing anything, which, under this Charter, may be provided for by the 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 reference to the Senate. Section 32(3) The Statutes shall only be made or amended by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourths of the members present and voting, being not less than half of the total membership of the Council. Section 32(4) The Statutes or regulations made by the Council under this Charter shall be published in the Gazette .
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MISCELLANEOUS PROVISIONS - 33. Protection of Name

AI-assisted research summary: Public officers registering entities must not accept names containing "Kaimosi Friends" together with "University" unless accompanied by the Council's written consent; any person who (without that consent) uses those words in advertising for trade, business, calling or profession commits an offence punishable by up to a KSh 3,000,000 fine, up to three years' imprisonment, or both; bona fide use of a title by a person holding a degree, diploma or certificate from the University (subject to the Act) is not prevented.

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 "Kaimosi Friends", together with the word "University", 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 "Kaimosi Friends", together with the word "University", 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 three 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/him of a degree, diploma or certificate by the University subject to the Act.
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MISCELLANEOUS PROVISIONS - 34. Revocation of Kaimosi Friends University CollegeLegal Notice No. 87 of 2015

AI-assisted research summary: The Kaimosi Friends University College (L.N. 87/2015) is revoked.

Section 34. Revocation of Kaimosi Friends University CollegeLegal Notice No. 87 of 2015 Section 34(1) The Kaimosi Friends University College (L.N. 87/2015) 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.
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MISCELLANEOUS PROVISIONS - 35. Transitional

AI-assisted research summary: Certain existing officials and the Council of Kaimosi Friends University College continue in their functions temporarily under specified conditions until new university officers or Council are appointed.

Section 35. Transitional Section 35(1) Notwithstanding the provisions of this Charter, the persons constituting the Council of Kaimosi Friends University College shall continue to discharge responsibilities and exercise such powers and functions as set out in the Legal Notice until the Council of Kaimosi Friends University is appointed. Section 35(2) The University Council may make Statutes for Kaimosi Friends University under this Charter and the Statutes so made shall be deemed to be made under this Charter. Section 35(3) The persons occupying the positions of the Principal and the Deputy Principals of Kaimosi Friends University College shall continue to discharge their responsibilities and exercise such powers as acting Vice-Chancellor and acting Deputy Vice-Chancellors respectively of Kaimosi Friends University as set out in the Act and the Statutes of Kaimosi Friends University until the Vice-Chancellor and other officers of the University are appointed and assume office. Section 35(4)(a) to continue and be awarded a degree of the Kaimosi Friends University; or Section 35(4)(b) be awarded a degree of the Masinde Muliro University of Science and Technology. Section 35(5)(a) the availability of space; and Section 35(5)(b) the accreditation of the relevant academic programme.
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MISCELLANEOUS PROVISIONS - 36. Variation and Revocation of this Charter

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

Section 36. Variation and Revocation of this Charter Section This Charter may be varied, amended or revoked in accordance with the Act.

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