The Charter for the East African University
The Charter may be cited as the East African University Charter.
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- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 167 of 2022
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Kenya Law
Statute overview
About this statute
The Charter may be cited as the East African University Charter. Defines terms used in the Charter (definitions of Act, Alumni Association, Cabinet Secretary, College, Chairperson of Council, Chancellor, constituent college, Council, Deputy Vice-Chancellor, faculty, graduate, Institute, lecturer, Librarian, University Management Board, School, Staff Association, Senate, Statutes, Students' Association, University, Vice-Chancellor). The Council may, on the recommendation of the Senate and subject to this Charter, cancel or withdraw certificates, diplomas, degrees (including honorary degrees) or other awards provided for by the Statutes. The University may award scholarships, bursaries, prizes and other awards, subject to the Charter and the Statutes. Establishes a university called the East African University and lists corporate powers including suing and being sued; acquiring and disposing of property; borrowing or lending money; and performing other lawful acts for the Charter's purposes.
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Provisions of The Charter for the East African University
Showing 39 of 39
Part I
PRELIMINARY
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PRELIMINARY - 1. Short Title
AI-assisted research summary: The Charter may be cited as the East African University Charter.
Section 1. Short Title Section This Charter may be cited as the East African University Charter. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: Defines terms used in the Charter (definitions of Act, Alumni Association, Cabinet Secretary, College, Chairperson of Council, Chancellor, constituent college, Council, Deputy Vice-Chancellor, faculty, graduate, Institute, lecturer, Librarian, University Management Board, School, Staff Association, Senate, Statutes, Students' Association, University, Vice-Chancellor).
Section 2. Interpretation Section In this Charter, unless the context otherwise requires— "Act" means the Universities Act (Cap. 210); "Alumni Association" means association of all graduates and former students of the University established under paragraph 19 of this Charter; "Cabinet Secretary" means Cabinet Secretary for the time being responsible for university education; "College" means a college established within the University but does not include a Constituent College as established under paragraph 9 of this Charter; "Chairperson of Council" means the Chairperson of the Council of the University; "Chancellor" means the Chancellor of the East African University appointed in accordance with paragraph 16 of this Charter; "constituent college" means a constituent college of the University established under paragraph 8 of this Charter; "Council" means the Council of the University established under paragraph 17 of this Charter; "Deputy Vice-Chancellor" means a Deputy Vice-Chancellor of the University under paragraph 23 of this Charter; "faculty" means an academic administrative unit within the University comprising several departments and concerned with a major division of knowledge; "graduate" means a person upon whom a degree or other academic qualification has been conferred by the University; "Institute" means an institute of the University established by the Statutes; "lecturer" means a person or the staff of the University who is a full professor, associate professor, senior lecturer, lecturer or assistant lecturer or a person who holds any other teaching or research post which the Council, on the recommendation of the Senate, has recognized as a post having academic status in the University; "Librarian" means the officer appointed to be the librarian of the University; "University Management Board" means the Management Board of the University under paragraph 22 of this Charter; "School" means an academic unit within the University, headed by a dean and equivalent to a Faculty, comprising several departments, with focus on cluster of related disciplines; "Staff Association" means an association or union of staff recognized by the Council as being representative of staff on matters of terms and conditions of employment; "Senate" means the Senate of the University constituted under paragraph 21 of this Charter; "Statutes" means a set of regulations of the University formulated by the Council under paragraph 36 of this Charter; "Students' Association" means an association of students recognized by the Council as being representative of the students of the University under paragraph 18 of this Charter; "University" means The East African University established under paragraph 3 of this Charter; "Vice-Chancellor" means the Vice-Chancellor of the University appointed under paragraph 20 of this Charter;
Part II
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
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ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 10. Conferment of Degrees and Grant of Diplomas, certificates and other awards
AI-assisted research summary: The Council may, on the recommendation of the Senate and subject to this Charter, cancel or withdraw certificates, diplomas, degrees (including honorary degrees) or other awards provided for by the Statutes.
Section 10. Conferment of Degrees and Grant of Diplomas, certificates and other awards Section 10(1)(a) confer Bachelor’s, Master’s and Doctorate degrees; Section 10(1)(b) grant diplomas, certificates or such other awards 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 towards the advancement of any branch of learning or who has otherwise rendered service in any field of human endeavour worthy of such a degree or academic distinction; Section 10(2) Subject to this Charter, the Council may, on the recommendation of Senate, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards as may be provided for in the Statutes. - 11
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 11. Award of Scholarships
AI-assisted research summary: The University may award scholarships, bursaries, prizes and other awards, subject to the Charter and the Statutes.
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 a university called the East African University and lists corporate powers including suing and being sued; acquiring and disposing of property; borrowing or lending money; and performing other lawful acts for the Charter's purposes.
Section 3. Establishment and Incorporation of the University Section 3(1) There is established a University to be known as the East African 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) borrowing or lending money; and Section 3(2)(d) doing or performing all such other things or acts for the furtherance of the provisions of this Charter which may lawfully be done or performed by a body corporate. Section 3(3) The University is the successor of the East African University constituted under a Letter of Interim Authority granted on 2nd November, Section 3(4) All rights, duties, obligations, staff, liabilities and assets held by the East African University or by anybody on behalf of the East African University, existing at the commencement of this Charter, shall be automatically and fully transferred to the University. - 4
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 4. Vision
AI-assisted research summary: The University's vision is to be a leading institution and centre of excellence in university teaching, research and development.
Section 4. Vision Section The Vision of the University is to be a leading institution and centre of excellence in university teaching, research and development. - 5
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 5. Mission
AI-assisted research summary: The university's mission is to transmit quality knowledge, conduct research and provide community service to the region and the world.
Section 5. Mission Section To transmit quality knowledge, conduct research and provide community service to the region and the world at large. - 6
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 6. Philosophy
AI-assisted research summary: The university's stated philosophy is "To be a fountain of knowledge, which produces holistic, and all-round graduates who shall be a vanguard of change in the community."
Section 6. Philosophy Section To be a fountain of knowledge, which produces holistic, and all-round graduates who shall be a vanguard of change in the community. - 7
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 7. Objects and Functions of the University
AI-assisted research summary: The University must charge fees or levies, as approved by the Council with the advice of the Senate, to defray students' education-related expenses.
Section 7. Objects and Functions of the University Section 7(1)(a) provide directly, or in collaboration with other institutions facilities for technological, professional, and scientific education; Section 7(1)(b) advance knowledge and its practical application by research and other means; Section 7(1)(c) disseminate the outcomes 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 to stimulate the intellectual life in the economic, social, cultural, scientific, and technological development; Section 7(1)(e) contribute to industrial and technological development of society directly or in collaboration with industry and other organizations; Section 7(1)(f) develop new programmes of study including those that culminate in degrees, diplomas and certificates; Section 7(1)(g) establish colleges, faculties, schools, institutes, departments, resource centres and administrative units as may be appropriate; Section 7(1)(h) inculcate a culture of innovation in technology, engineering, science and humanities, and promote intellectual property rights amongst staff, students, and society; Section 7(1)(i) promote education in humanities, sciences, technology, engineering and mathematics within the institution and society; Section 7(1)(j) 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 7(1)(k) 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)(l) provide quality educational, research, cultural, social, recreational, sporting, and other facilities; Section 7(1)(m) facilitate student mobility between programmes of study at different tertiary institutions, and the University; Section 7(1)(n) promote critical inquiry and creativity in education, training and research within the institution; Section 7(1)(o) participate in commercial ventures and activities that promote the objectives of the institution; Section 7(1)(p) foster the general welfare of staff and students; Section 7(1)(q) provide opportunities for development and further training for staff and students of the institution; Section 7(1)(r) 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)(s) provide programmes, products, and services in ways that reflect the principles of equity and social justice; Section 7(1)(t) 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; and Section 7(1)(u) facilitate the development and provision of academic and other programmes that are appropriate and accessible. Section 7(2) Admission to the University as candidates for degrees, diplomas, certificates or other awards shall be open to all persons accepted as being qualified by the Senate in accordance with this Charter without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, colour, creed, physical ability or gender. Section 7(3) 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 7(4) The University shall charge such fees or levy as the Council may, with the advice of the Senate, approve from time to time, for students admitted to the University for defraying expenses connected with their education. - 8
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 8. Establishment of Constituent Colleges
AI-assisted research summary: 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, higher education, or other training establishment 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 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. - 9
ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 9. Establishment of Campus Colleges and Colleges 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 established within the University must consist of faculties, schools, institutes, or centres as provided by the Statutes.
Section 9. Establishment of Campus Colleges and Colleges within the University Section 9(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 9(2) A College established within the University shall consist of such faculties, schools, institutes, or centres as may be provided for by the Statutes.
Part III
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 12. Membership of the University
AI-assisted research summary: Section 12 refers to membership of the University and names "the Sponsor".
Section 12. Membership of the University Section the Sponsor; - 13
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 13. Governance of the University
AI-assisted research summary: Section 13. Governance of the University
Section 13. Governance of the University Section the Sponsor; - 14
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 14. The Sponsor
AI-assisted research summary: The Sponsor of the East African University is BDK Universities Network International Kenya Ltd, and the Sponsor must appoint Board of Trustees members, raise funds, promote the University's objects, initiate variation of the Charter, and (with the Cabinet Secretary) appoint an administrator if the Charter is revoked.
Section 14. The Sponsor Section 14(1) The Sponsor of the East African University is BDK Universities Network International Kenya Ltd. Section 14(2)(a) appoint members of the Board of Trustees; Section 14(2)(b) raise funds for the benefit of the University; Section 14(2)(c) promote the objects of the University; Section 14(2)(d) initiate the process of variation of this Charter; and Section 14(2)(e) in consultation with the Cabinet Secretary appoint a person to administer or manage the University in case of revocation of this Charter. - 15
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. The Board of Trustees
AI-assisted research summary: The Board of Trustees (appointed under paragraph 14(2)(a)) must act and exercise all legal rights, powers and privileges of the University as provided in the Act, this Charter and the Statutes; it also has specified functions including appointing Council members, raising funds, promoting the University's objects and appointing the Chancellor.
Section 15. The Board of Trustees Section 15(1) The Board of Trustees appointed under paragraph 14(2)(a) shall act and exercise all legal rights, powers and privileges of the University as provided for in the Act, this Charter and the Statutes. Section 15(2)(a) appointing members of the Council; Section 15(2)(b) raising funds for the benefit of the University; Section 15(2)(c) promoting the objects of the University; and Section 15(2)(d) appointing the Chancellor. - 16
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 16. The Chancellor
AI-assisted research summary: The Board of Trustees appoints the Chancellor; the Chancellor serves five years (renewable once), is the titular head, confers awards, may recommend visitations and give advice, and the Chairperson may perform the Chancellor's functions for up to three months if the Chancellor is absent or incapacitated; the office may become vacant on resignation, incapacity, bankruptcy or death.
Section 16. The Chancellor Section 16(1) The Board of Trustees shall, in consultation with the Sponsor, appoint the Chancellor of the University. Section 16(2) A person who is appointed Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term. Section 16(3)(a) shall be the titular head of the University and shall, in the name of the University, confer degrees and award diplomas, certificates and any other awards of the University; Section 16(3)(b) may from time to time, recommend to the Board of Trustees a visitation of the University in such a manner as shall be described in the statutes; Section 16(3)(c) may from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the University; Section 16(3)(d) shall enjoy such powers and privileges and perform such other functions as may be provided in this Charter and the statutes. Section 16(4) The functions of the Chancellor under subparagraph (3) may in the absence or incapacity of the Chancellor be performed by the Chairperson of the Council for a period not exceeding three months. Section 16(5)(a) resigns from office by notice in writing addressed to the Chairperson of the Board of Trustees; Section 16(5)(b) is unable to, by reason of physical or mental infirmity, gross misconduct or conflict of interest, exercise the functions of the office to the satisfaction of the Board of Trustees; Section 16(5)(c) is adjudged bankrupt or makes any arrangements or propositions with creditors generally; or Section 16(5)(d) dies. - 17
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 17. The Council
AI-assisted research summary: Section establishes a University Council appointed by the Board of Trustees, sets membership composition (including an ex officio Vice-Chancellor), terms of office, powers and duties of the Council, and procedures for vacancies and co-option.
Section 17. The Council Section 17(1) There shall be a Council of the University which shall be appointed by Board of Trustees. Section 17(2)(a) the Chairperson who shall be a professor with ten years’ experience in management of university education; Section 17(2)(b) one person of integrity and wide experience in finance who shall be a member of good standing of the Institute of Certified Public Accountants of Kenya for over seven years; Section 17(2)(c) one person holding a leadership position in the public or private sector appointed by the Board of Trustees; Section 17(2)(d) one person appointed by the Sponsor from amongst its shareholders or directors; Section 17(2)(e) two senior academic scholars, not being employees of the University, with a rank of an associate professor and at least ten years’ experience in management of university education; Section 17(2)(f) the Vice-Chancellor, who shall be an ex officio member. Section 17(3) The Council may co-opt such other persons whose skills or experience are necessary for the purposes of the functions of the Council for such period as it may deem appropriate. Section 17(4) The members of the Council, other than ex officio members, shall hold office for a term of three years and shall be eligible for re-appointment for one further term. Section 17(5)(a) not being an ex officio member, resigns from office in writing addressed to the Vice-Chancellor; Section 17(5)(b) is, by reasons of physical or mental infirmity, unable to exercise the functions of his office to the satisfaction of the Council; Section 17(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 17(5)(d) is guilty of gross misconduct; Section 17(5)(e) fails to meet the requirements of Chapter Six of the Constitution; or Section 17(5)(f) dies. Section 17(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 17(7) The procedure, conduct and regulations of the affairs of the Council shall be determined in accordance with this Charter and the Statutes. Section 17(8) The Council shall exercise prudent leadership, innovative enterprise, and good judgment in directing the University and shall always act in the best interest of the University. Section 17(9) The members of the first Council, other than the ex officio members, shall at the first meeting after their appointment determine by lot which of their numbers shall vacate office after a period of three and four years respectively to ensure continuity in the activities of the Council. Section 17(10)(a) formulate the policies of the University; Section 17(10)(b) recruit, promote or dismiss staff of the University; Section 17(10)(c) with the approval of the Board of Trustees, receive donations, endowments, gifts, grants or other monies and authorise disbursements; Section 17(10)(d) open bank accounts for the funds of the University; Section 17(10)(e) provide for the welfare of staff and students of the University; Section 17(10)(f) ensure that a proper management structure is in place and make sure that the structure, functions to maintain corporate integrity, reputation and responsibility. Section 17(10)(g) monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University. Section 17(10)(h) review the viability and financial sustainability of the University, and shall do so at least once every year. Section 17(10)(i) in consultation with the Board of Trustees and the Sponsor, administer the property and funds of the University in a manner and for the purposes which shall promote the interest of the University. However, the Council shall not charge or dispose of immovable property of the University except in accordance with the procedures laid down by the Board of Trustees and the Sponsor; Section 17(10)(j) receive, on behalf of the University, donations, endowments, gifts, grants or other moneys and make disbursements there from to the University or other bodies or persons; Section 17(10)(k) provide for the welfare of staff and students of the University; enter into association with other universities, university colleges or other institutions of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate as provided; Section 17(10)(l) approve regulations governing the conduct and discipline of the students of the University; Section 17(10)(m) approve regulations governing the conduct and discipline of the staff of the University; Section 17(10)(n) raise funds and secure financial support for the University; Section 17(10)(o) determine University fees and other charges; Section 17(10)(p) establish scholarships, bursaries and other awards; Section 17(10)(q) approve the terms and conditions of service and criteria for recruitment, appointment and promotion of staff; Section 17(10)(r) approve the regulations governing staff and student conduct; Section 17(10)(s) approve academic affiliations and associations with other colleges and institutions; Section 17(10)(t) establish its Committees; Section 17(10)(u) establish university colleges, campuses, departments, faculties, schools, institutes and any other teaching facility. Section 17(10)(v) approve the statutes of the University and cause them to be published in the Kenya Gazette ; Section 17(10)(w) approve the annual University budget; Section 17(10)(x) appoint Vice-Chancellors, Deputy Vice-Chancellors and principals of Constituent Colleges through a competitive process in consultation with the Board of Trustees and the Sponsor; Section 17(10)(y) confer after receiving a report from the Senate, the title of Emeritus Professor, Visiting Professors, Honorary Professor, Honorary Lecturer or Honorary Fellow; Section 17(10)(z) in consultation with the Board of Trustees and the Sponsor and subject to the laid down procedures, to approve the sale, purchase, exchange, or lease, or take on lease any movable and immovable property on behalf of the University; Section 17(10)(z)(aa) in consultation with the Board of Trustees and the Sponsor and subject to the laid down procedures, to approve the sale, purchase, exchange, or lease, or take on lease any movable and immovable property on behalf of the University; Section 17(10)(z)(bb) subject to the laid down procedures and in consultation with the Board of Trustees and the Sponsor, 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 17(10)(z)(cc) receive, on behalf of the University, donations, endowments, gifts, development grants or other moneys and make legitimate disbursements wherefrom in consultation with the Board of Trustees and the Sponsor; Section 17(10)(z)(dd) approve the constitution of the Students’ Association and so far as is reasonably practicable, ensure that the Students’ Association operates in a fair and democratic manner; Section 17(10)(z)(ee) ensure that the University complies with all the relevant laws, regulations, governance practices, accounting and auditing standards; and Section 17(10)(z)(ff) undertake any other functions as stipulated in the Act, this Charter and the Statutes. - 18
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 18. Students’ Association
AI-assisted research summary: The University has a students' association consisting of all students, with a constitution subject to approval by the Senate and the Council, and functions including overseeing activities, raising students' needs with authorities, and other governance functions.
Section 18. Students’ Association Section 18(1) There is established a student’s association of the University which shall consist of all students of the University. Section 18(2) The student’s association constitution shall have its constitution, which shall be subject to the approval of the Senate and the Council. Section 18(3)(a) overseeing and planning students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being, in consultation with the Council; Section 18(3)(b) drawing the attention of the appropriate authorities, where necessary, to the special needs of the students; and Section 18(3)(c) undertaking other functions as provided in its governance instruments approved by the Council. - 19
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 19. Alumni Association
AI-assisted research summary: Establishes an Alumni Association composed of graduates and others; the Alumni Association must participate in the process of appointing the Chancellor, has the right to meet, discuss University matters and transmit resolutions to the Council and the Senate, and may exercise other functions prescribed by the Statutes.
Section 19. Alumni Association Section 19(1) There shall be an Alumni Association of the University which shall consist of the graduates of the University and such other persons as may be prescribed by the Statutes. Section 19(2) The Alumni Association shall participate in the process of appointment of the Chancellor within the provisions of the Act and the Statutes. Section 19(3) The Alumni Association shall have the right to meet and discuss any matter relating to the University and to transmit the resolutions thereon to the Council and the Senate, and may exercise such other functions as may be prescribed in the Statutes. Section 19(4) The Senate shall propose rules for promotion of the Alumni Association and make recommendations thereof to the Council.
Part IV
MANAGEMENT OF THE UNIVERSITY
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MANAGEMENT OF THE UNIVERSITY - 20. The Vice-Chancellor
AI-assisted research summary: Establishes the office of Vice-Chancellor, appointed by the Council in consultation with the Board of Trustees, and sets out the Vice-Chancellor's duties and term.
Section 20. The Vice-Chancellor Section 20(1) There shall be a Vice-Chancellor of the University who shall be appointed by the Council in consultation with the Board of Trustees and who shall be the Chief Executive Officer of the University. Section 20(2)(a) be the academic and administrative head of the University; Section 20(2)(b) have the overall responsibility for the direction, organization, administration and programmes of the University; Section 20(2)(c) have such responsibilities and duties as may be provided for in this Charter and the Statutes; Section 20(2)(d) assume administrative responsibilities for the day-to-day running of the University and its management. Section 20(2)(e) provide leadership in achieving the vision and the mission of the Institution; Section 20(2)(f) direct, promote and co-ordinate all the programmes and activities of the University; Section 20(2)(g) act as the representative of the University and be its spokesperson on its external relations; Section 20(2)(h) preside over the Senate and the University Management Board meetings in accordance with the Statutes; Section 20(2)(i) be responsible for the general welfare, conduct and discipline of staff and students; Section 20(2)(j) work collegially with the personnel of the University for the realization of its objectives; and Section 20(2)(k) have such responsibilities and duties as may be provided for in the Statutes. Section 20(3) The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term. Section 20(4) The terms and conditions of service of the Vice-Chancellor shall be prescribed by the Statutes or the instrument of appointment. - 21
MANAGEMENT OF THE UNIVERSITY - 21. The Senate
AI-assisted research summary: Section 21 lists the composition of the Senate and sets out the Senate's academic management duties, including reviewing courses and standards, recommending academic structures, appointing examiners, setting equivalence of external qualifications, prescribing academic dress, promoting research and student welfare, making academic regulations, and forming committees.
Section 21. The Senate Section 21(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 21(1)(b) the Deputy Vice-Chancellors; Section 21(1)(c) the Principal of each Constituent College; Section 21(1)(d) the Principal of each College within the University; Section 21(1)(e) the University Librarian; Section 21(1)(f) the Deans of Schools, Directors of Institutes and Boards, Directorates and Centres; Section 21(1)(g) the full Professors of the University; Section 21(1)(h) the Dean of Students; Section 21(1)(i) the Chairpersons of the teaching departments of the University; Section 21(1)(j) the Registrars; Section 21(1)(k) the Finance Officer; Section 21(1)(l) the Chief Medical Officer; Section 21(1)(m) the Chief Legal Officer; Section 21(1)(n) two members elected by the Academic Board of each Constituent College from among the members of such Board; Section 21(1)(o) not more than two Professors from each Constituent College; Section 21(1)(p) one representative of each of the Boards of the Faculties, Institutes and Schools elected by that Board from among its members who are not Professors and are not members of the Senate by virtue of any other provision of this subparagraph; Section 21(1)(q) two representatives of the students being the President and the Secretary of the Students’ Council; and Section 21(1)(r) any other member co-opted by the Senate. Section 21(2) The members of the students’ Association shall not participate in any deliberation of the Senate which the chairperson considers confidential or which relate to examinations, grades and such other issues that may pose a conflict of interest. Section 21(3)(a) satisfy itself regarding the content and academic standards of any course of study in respect of any degree, diploma, certificate or other award of the University, and to report its findings thereon to the Council; Section 21(3)(b) recommend to the Council the establishment, or abolition or harmonization of Faculties, Schools, Institutes, Units, Departments, and Centres as the Senate may deem necessary from time to time; Section 21(3)(c) appoint internal and external examiners and recommend to the Council the terms and conditions for their appointment; Section 21(3)(d) determine which qualifications or credits from other Universities or institutions shall be acceptable as equivalent to particular qualifications of the University; Section 21(3)(e) determine the design of academic dress and prescribe its use; Section 21(3)(f) promote the extra-mural, external and extension work of the University; Section 21(3)(g) promote research and innovation work in the University; Section 21(3)(h) promote co-operation and linkages with other institutions of higher learning and industry; Section 21(3)(i) make regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards; Section 21(3)(j) develop, implement and promote quality assurance systems and structures in all University academic operations; Section 21(3)(k) promote the welfare of students; Section 21(3)(l) receive proposals from various academic Boards and Faculties, Institutes, Schools, Centres and considering their recommendations and making appropriate decisions; Section 21(3)(m) recommend to the Council appropriate criteria for appointment and promotion of the academic staff of the university; Section 21(3)(n) review the Statutes from time to time and to present recommendations thereon to the Council; Section 21(3)(o) 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 21(3)(p) propose regulations to be made by the Council regarding the eligibility of persons for admission to a course of study; Section 21(3)(q) propose regulations to be made by the Council regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificate or other award of the University; Section 21(3)(r) advise the Council on appointment, promotion and appraisal criteria of academic staff; Section 21(3)(s) decide which persons have attained such standard of proficiency and are otherwise fit to be awarded a Degree and conferred Diplomas and Certificates of the University; Section 21(3)(t) initiate proposals relating to the conduct of the University generally, and to discuss any matter relating to the University and making representations thereon to the Council; Section 21(3)(u) make regulations governing such other matters as are within its powers in accordance with this Charter or the Statutes; and Section 21(3)(v) form such committees that shall be necessary for it to perform its duties. Section 21(4) Notwithstanding any other provisions of this Charter, the Council shall not initiate any action in respect of any of the matters mentioned in subparagraphs (a) to (v), of subparagraph (3) except upon receipt of a report or proposal there under. Section 21(5) The Council shall not amend any regulations so proposed without further reference to the Senate. - 22
MANAGEMENT OF THE UNIVERSITY - 22. The University Management Board
AI-assisted research summary: Creates the University Management Board, lists its membership, and assigns management functions including resource management, policy proposals to Council and Senate, strategy planning, legal proceedings authority, setting charges and other management matters.
Section 22. The University Management Board Section 22(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 22(1)(b) the Deputy Vice-Chancellors; Section 22(1)(c) the Principals of Colleges within the University; Section 22(1)(d) the Registrars; Section 22(1)(e) the Finance officer; Section 22(1)(f) the Legal Officer; Section 22(1)(g) the Director of Students Welfare; Section 22(1)(h) the Director, Information Communication Technology; and Section 22(1)(i) any such other members as may be determined from time to time by the Board. Section 22(2)(a) the efficient management of the human, physical and financial resources of the University; Section 22(2)(b) making proposals to the Council and the Senate on policies that have application across the entire institution; Section 22(2)(c) develop and coordinate the University strategic and development plans; Section 22(2)(d) authorize the initiation of legal proceedings or defend or compromise legal proceedings in the name of and on behalf of the university; Section 22(2)(e) establish any University charges and fees; and Section 22(2)(f) any other matters related to the management of the University. - 23
MANAGEMENT OF THE UNIVERSITY - 23. The Deputy Vice-Chancellors
AI-assisted research summary: The Council must appoint at least two Deputy Vice-Chancellors by competitive process; Deputy Vice-Chancellors must act under the Vice-Chancellor's general authority and exercise powers/duties under the Statutes; a Deputy Vice-Chancellor holds office for five years and is eligible for one further term.
Section 23. The Deputy Vice-Chancellors Section 23(1) The Council shall appoint two or more Deputy Vice-Chancellors of the University through a competitive process. Section 23(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 23(3) The Deputy Vice-Chancellor of the University shall hold office for a term of five years and shall be eligible for re-appointment for one further term. - 24
MANAGEMENT OF THE UNIVERSITY - 24. The Principals of Constituent Colleges
AI-assisted research summary: The Council must appoint the Principal of a Constituent College competitively in consultation with the Board of Trustees; the Principal is the academic and administrative head, holds office on terms and periods provided by the Statutes, and on expiry may be eligible for one further term.
Section 24. The Principals of Constituent Colleges Section 24(1) The Principal of a Constituent College shall be appointed competitively by the Council in consultation with the Board of Trustees and shall be the academic and administrative head of the Constituent College. Section 24(2) The Principal shall hold office upon such terms and for such period as may be provided for by the Statutes and upon expiration of that period may be eligible for re- appointments for one further term. - 25
MANAGEMENT OF THE UNIVERSITY - 25. The Principals of Colleges within the University and Campuses
AI-assisted research summary: The Council must appoint a Principal for each College; the Principal is the academic and administrative head, holds office on terms in the Statutes, and must have other powers and duties as provided by the Statutes.
Section 25. The Principals of Colleges within the University and Campuses Section 25(1) The Council shall, for each College, appoint a Principal who shall be the academic and administrative head of the College and shall, under the general authority of the Vice-Chancellor, have such other powers and duties as may be provided for by the Statutes. Section 25(2) The Principal shall hold office upon such terms and for such periods as may be provided for in the Statutes and shall be eligible for re-appointment for one further term. - 26
MANAGEMENT OF THE UNIVERSITY - 26. The Staff of the University
AI-assisted research summary: Defines categories of university staff (academic, technical, support) and states that the Council may delegate the power to appoint staff to a person or Committee subject to restrictions.
Section 26. The Staff of the University Section 26(1) The academic staff of the University shall consist of the Vice-Chancellor, Deputy Vice-Chancellors, Principals of Colleges and Campuses within the University, Professors, Librarian of the University and all members of staff who are engaged in teaching, research or extension in the University. Section 26(2)(a) the Deputy Vice-Chancellor (Administration and Finance); and Section 26(2)(b) non-teaching Departmental Heads. Section 26(3) The technical staff of the University shall consist of the staff engaged in laboratory, field instruction, workshops and such similar environment in the teaching department under the general direction of the heads of the teaching departments, and as the Council may determine from time to time. Section 26(4) The support staff of the University shall consist of the staff engaged in general duties and as the Council may determine from time to time. Section 26(5)(a) in the manner and upon the terms and conditions of the services prescribed by the Statutes; or Section 26(5)(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 institution, on terms and condition agreed upon between the Council and the seconding body. Section 26(6) The Council may, subject to such restrictions as it may impose, delegate to any person or Committee either generally or specifically, the power to appoint any member of staff of the University. Section 26(7)(a) be employed on a full-time basis except as otherwise specifically provided by the Statutes or by the terms of a particular appointment; and Section 26(7)(b) be subject to the general authority of the Council and of the Vice-Chancellor. - 27
MANAGEMENT OF THE UNIVERSITY - 27. Performance of Functions in 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 three months; if both the Vice-Chancellor and Deputy Vice-Chancellors are incapacitated the Council may appoint academic staff to act for up to three months; the Vice-Chancellor may appoint a suitable person to act for other incapacitated staff for up to three months. "Incapacity" includes absence from Kenya or inability for any other reason.
Section 27. Performance of Functions in absence of office holder Section 27(1) In the event of the incapacity of the Vice-Chancellor, the Council shall, in consultation with the Board of Trustees and the Chancellor, 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 three months. Section 27(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council may, in consultation with the Board of Trustees and the Chancellor, appoint a member of academic staff of the University to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of three months. Section 27(3) In the event of the incapacity of any member of staff of the University other than the Vice-Chancellor, or Deputy Vice-Chancellor, the Vice-Chancellor may appoint a suitable person to perform the functions of the said officer during the period of incapacity subject to a maximum of up to three months. Section 27(4) In this paragraph, "incapacity" includes absence from Kenya or the inability for any other reason to perform the functions of the office concerned or as may be provided for in the Statutes. Section 27(5) Subject to the provisions of this paragraph, at the expiry of the above prescribed period, the position shall fall vacant and the process of filling the position as provided for in the Act, the Statutes, and regulations shall commence.
Part V
FINANCIAL PROVISIONS
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FINANCIAL PROVISIONS - 28. Financial Year
AI-assisted research summary: The University's financial year is the twelve-month period from 1 January to 31 December each year.
Section 28. Financial Year Section 28(1) The financial year of the University shall be the period of twelve months which shall commence on the first day of January and ending on the thirty first day of December each year. Section 28(2) In the event of any change in the financial year and for purposes of the transition from the old financial year to a new financial year consequent upon change, the transitional period, whether more or less than twelve months, shall be deemed for the purpose of this Charter to be a financial year. - 29
FINANCIAL PROVISIONS - 29. University Funds and Resources
AI-assisted research summary: Section 29 addresses income from University auxiliary enterprises and investments.
Section 29. University Funds and Resources Section income from University auxiliary enterprises and investments; - 30
FINANCIAL PROVISIONS - 30. Investment of Funds
AI-assisted research summary: Section 30 permits the University to invest its funds in portfolios approved by the Council, allows the Council to deposit funds not immediately required with banks or financial institutions it chooses, and permits the Council, after consulting the Board of Trustees, to create or appoint corporate bodies to manage investments and related funds and properties.
Section 30. Investment of Funds Section 30(1) The University may invest any of the University funds in investments portfolios approved by the Council. Section 30(2) The Council may place or deposit with such banks or financial institutions, as it may determine, any fund not immediately required for use by the University. Section 30(3) The Council may, in consultation with the Board of Trustees, create or appoint other corporate bodies to manage its investments, pensions, provident funds, properties. - 31
FINANCIAL PROVISIONS - 31. Annual Estimates
AI-assisted research summary: The Council must, three months before the commencement of a financial year, cause to be prepared an annual budget of estimates of the University’s revenue and expenditure for that year; the budget must be approved by the Council and ratified by the Board of Trustees before the financial year begins.
Section 31. Annual Estimates Section 31(1) The Council shall, three months before the commencement of a financial year, cause to be prepared an annual budget of estimates or revenue and expenditure of the University for that year. Section 31(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 31(2)(b) the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University; Section 31(2)(c) the funding of the cost of institutional scholarships, teaching and research activities; Section 31(2)(d) the development of the physical plan; Section 31(2)(e) the proper maintenance of the building and grounds of the University; Section 31(2)(f) the proper maintenance, repair and replacement of the equipment and other movable property of the University; and Section 31(2)(g) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Board of Trustees deem fit. Section 31(3) The annual budget shall be approved by the Council and ratified by the Board of Trustees before the commencement of the financial year to which it relates. Section 31(4) No expenditure shall be incurred for the purposes of the University, except in Accordance with subparagraph (3) above, or in pursuance of an authorization of the Board of Trustees. - 32
FINANCIAL PROVISIONS - 32. Accounts and Audit
AI-assisted research summary: Council must keep proper books and records; the Council must appoint external auditors and pay their fees; appointed auditors must report directly to the Council; the Vice-Chancellor must submit audited accounts to the Council within three months after the fiscal year end; the University must maintain an internal audit.
Section 32. Accounts and Audit Section 32(1) The Council shall cause to be kept proper books and records of accounts of Income and expenditure, assets and liabilities of the University. Section 32(2) The accounts of the University shall be audited annually by a firm of external auditors appointed by the Council. Section 32(3) An auditor appointed under subparagraph (ii) shall report directly to the Council. Section 32(4) The fees for the external auditors shall be fixed and paid by the Council. Section 32(5) Within a period of three months from the end of each fiscal year, the Vice-Chancellor shall submit to the Council audited accounts of the University. Section 32(6) The University shall maintain an internal audit.
Part VI
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 33. Instruments and symbols of Governance.
AI-assisted research summary: The University must be governed by the Act, this Charter and the Statutes; its symbols of authority are the seal, the mace and the University logo; it must display its instruments of accreditation at its main premises; if an instrument of accreditation is revoked it must be returned to the accrediting authority within fourteen days of revocation.
Section 33. Instruments and symbols of Governance. Section 33(1) The University shall be governed by the Act, this Charter and the Statutes. Section 33(2) The symbols of authority shall be the seal, the mace, and the University logo. Section 33(3) The University shall conspicuously display all its instruments of accreditation in its main premises. Section 33(4) Where an instrument of accreditation is revoked under the Act, such instrument shall be returned to the accrediting authority within fourteen days of the revocation. - 34
MISCELLANEOUS PROVISIONS - 34. Instruments of Authority
AI-assisted research summary: Subject to the Charter, the University must possess the University Mace, the Common Seal for signification of documents and the University Logo as instruments of authority.
Section 34. Instruments of Authority Section Subject to this Charter, the University shall possess the University Mace, the Common Seal for signification of documents and the University Logo as its instruments of Authority. - 35
MISCELLANEOUS PROVISIONS - 35. Common Seal
AI-assisted research summary: The Common Seal of the University must be kept in custody and used only as the Council directs, as specified in the Statutes; the Vice‑Chancellor and one other Council member duly authorized by the Council are named in paragraph (2).
Section 35. Common Seal Section 35(1) The Common Seal of the University shall be kept in such custody and used only as the Council shall direct, as specified in the Statutes. Section 35(2)(a) the Vice-Chancellor; and Section 35(2)(b) one other member of the Council duly authorized by the Council. Section 35(3) The Common Seal of the University when affixed to any document and duly authenticated under this paragraph shall be judicially and officially noticed, and, unless and until the contrary is proved, order or authorization of the Council under this paragraph shall be deemed to have been duly given. - 36
MISCELLANEOUS PROVISIONS - 36. Statutes
AI-assisted research summary: The Council must not make, amend or revoke statutes relating to the Senate without first obtaining the Senate's opinion; statutes are to be made by a Council resolution supported by at least three‑quarters of members present and voting and with at least half of the Council's total membership present.
Section 36. Statutes Section 36(1)(a) the establishment of colleges, faculties, institutes and schools of the University; Section 36(1)(b) the description of degrees, diplomas, certificates; Section 36(1)(c) the defining of the requirements for conferment of degrees and award of diplomas and certificates; Section 36(1)(d) the conduct of examinations; Section 36(1)(e) prescribing fees and boarding charges; Section 36(1)(f) setting the terms and conditions of service, and schemes of service, including the appointment, dismissal and recommendation of retiring benefits of the members of staff of the University; Section 36(1)(g) describing the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and Section 36(1)(h) prescribing the rules and regulations for student Association. Section 36(2) Despite subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the Senate without first ascertaining the opinion of the Senate. Section 36(3) The Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourth of the members present and voting, being not less than half of the total membership of the Council. - 37
MISCELLANEOUS PROVISIONS - 37. Variation and revocation of this Charter
AI-assisted research summary: This Charter may be varied, amended or revoked in accordance with the Act.
Section 37. Variation and revocation of this Charter Section This Charter may be varied, amended or revoked in accordance with the Act. - 38
MISCELLANEOUS PROVISIONS - 38. Protection of the University Name
AI-assisted research summary: Public officers must not register entities that include the words "The East African" and "University" together unless the application includes the written consent of the Council; using those words without Council consent in advertisements or for business/professional purposes is an offence punishable by a fine up to one million shillings, or imprisonment up to three years, or both; bona fide use of titles granted by the University is not prevented.
Section 38. Protection of the University Name Section 38(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 an entity that includes the words "The East African" and "University" together in any order, unless the application for registration is accompanied by the written consent of the Council. Section 38(2) Any person who, except with the written consent of the Council, uses the words "The East African University" and "University", together in any order, and or in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or both. Section 38(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. - 39
MISCELLANEOUS PROVISIONS - 39. Dissolution of the University
AI-assisted research summary: If after the winding up or dissolution of the University any funds, assets or property remain after all debts and liabilities are satisfied, those funds, assets or property shall be transferred to the Board of Trustees of the East African University Trust.
Section 39. Dissolution of the University Section Subject to this Charter, if on the winding up or the dissolution of the University, there shall remain, after the satisfaction of all its debts and liabilities, any funds, assets and property, such funds, assets or property, shall be transferred to the Board of Trustees of the East African University Trust.
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