The Charter for Tharaka University

This Charter may be cited as the Tharaka University Charter, 2022.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 168 of 2022
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Charter may be cited as the Tharaka University Charter, 2022. Section 2 lists definitions of terms used in the Charter (for example: "Alumni Association", "Campus College", "Vice-Chancellor", "student", and others). The University Council may, on the recommendation of the Senate and subject to the Charter, cancel or withdraw certificates, diplomas, degrees (including honorary degrees) or other awards. Subject to the Charter, the University may award scholarships, bursaries, prizes and other awards provided for by the Statutes. Establishes Tharaka University and sets out its legal capacities, succession and automatic transfer and vesting of the predecessor college's rights, duties, obligations, liabilities and assets.

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Provisions of The Charter for Tharaka University

Showing 36 of 36

Part I

PRELIMINARY

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PRELIMINARY - 1. Short title

AI-assisted research summary: This Charter may be cited as the Tharaka University Charter, 2022.

Section 1. Short title Section This Charter may be cited as the Tharaka University Charter, 2022.
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PRELIMINARY - 2. Interpretation

AI-assisted research summary: Section 2 lists definitions of terms used in the Charter (for example: "Alumni Association", "Campus College", "Vice-Chancellor", "student", and others).

Section 2. Interpretation Section In this Charter, unless the context otherwise requires – “Alumni Association” means the Alumni Association of the University established under paragraph 14 of this Charter; “Campus College” means a College Established under paragraph 8 of this Charter; “Chancellor” means the Chancellor of the University; “Constituent College” means a College established under paragraph 9 of this Charter; “Council” means the Council of the University established under paragraph 14 of this Charter; “Deputy Vice-Chancellor” means the Deputy Vice-Chancellor of the University appointed in accordance paragraph 20 of this Charter; “faculty” means a faculty of the University established under the Statutes; “graduate” means a person upon whom a degree has been conferred or a diploma or certificate awarded; “incapacity” means inability to perform functions of the office concerned; “Institute” means an institute of the University established by the Statutes; “Lecturer” means a member of the staff of the University who is, in terms of appointment, a Professor, an Associate Professor, Senior Lecturer, Lecturer, Assistant Lecturer, or Tutorial Assistant, or a person who holds any other teaching post which the Council has recognized as a post having academic status in the University; “Librarian” means the person appointed to be the librarian of the University; “University Management Board” means the Board established under paragraph 18; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for education; “Principal” means the Principal of the University College or Constituent College appointed under paragraphs 21 and 22 of this Charter; “Professor” means a Professor of the University; “Registrar” means the registrar appointed by the Council; “school” means a school of the University established under the Statutes; “Senate” means the Senate of the University; “Statutes” means statutes of the University made by the Council under this Charter; “student” means a person registered by the University for the purposes of obtaining a qualification of the University or any other person who is determined by the Senate to be a student; “University” means the Tharaka University established under paragraph 3 of this Charter; and “Vice-Chancellor” means the Vice-Chancellor of the University appointed under paragraph 17 of the Charter.

Part II

ESTABLISHMENT AND FUNCTIONS OF THARAKA UNIVERSITY

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ESTABLISHMENT AND FUNCTIONS OF THARAKA UNIVERSITY - 10. Conferment, granting, cancellation, and withdrawal, revocation of Degrees, Diplomas, Certificates and other awards.

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

Section 10. Conferment, granting, cancellation, and withdrawal, revocation of Degrees, Diplomas, Certificates and other awards. Section 10(1)(a) award a Certificate and Diploma and such other qualifications as may be provided for by the Statutes; Section 10(1)(b) confer a Bachelors, Masters or Doctorate Degree and such other University qualifications as may be provided for by the Statutes; or Section 10(1)(c) confer honorary degrees or any other academic distinction to a person who has rendered distinguished service to the advancement of any branch of learning or who has otherwise rendered service in any field of human endeavor worthy of such a degree or academic distinction as may be provided for in the Statutes. Section 10(2) Subject to this Charter, the University Council may, on the recommendation of the Senate, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or such other award as may be provided for in the Statutes.
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ESTABLISHMENT AND FUNCTIONS OF THARAKA UNIVERSITY - 11. Award of Scholarships

AI-assisted research summary: Subject to the Charter, the University may award scholarships, bursaries, prizes and other awards provided for by 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.
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ESTABLISHMENT AND FUNCTIONS OF THARAKA UNIVERSITY - 3. Establishment and Incorporation of the University

AI-assisted research summary: Establishes Tharaka University and sets out its legal capacities, succession and automatic transfer and vesting of the predecessor college's rights, duties, obligations, liabilities and assets.

Section 3. Establishment and Incorporation of the University Section 3(1) There is hereby established a University to be known as the Tharaka University. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of moveable and immovable property; Section 3(2)(c) receiving, investing, borrowing and lending money; and Section 3(2)(d) doing or performing any such other things or acts, including entering into such contracts as, may be necessary or expedient for the furtherance of the provision of this Charter which may be done by a body corporate. Section 3(3) The University shall be the successor to Tharaka University College established by the Tharaka University College Order, Legal Notice Number 146 of 4th August, 2017. Section 3(4) All rights, duties, obligations, liabilities and assets held by Tharaka University College existing at the commencement of this Charter, shall automatically and fully be transferred to and vest in the Tharaka University and any reference to Tharaka University College in any contract or document shall for all purposes be deemed to be a reference to Tharaka University.
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ESTABLISHMENT AND FUNCTIONS OF THARAKA UNIVERSITY - 4. Vision

AI-assisted research summary: States the University's vision as: "A Centre of excellence in teaching, research, innovation and outreach for societal transformation."

Section 4. Vision Section A Centre of excellence in teaching, research, innovation and outreach for societal transformation.
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ESTABLISHMENT AND FUNCTIONS OF THARAKA UNIVERSITY - 5. Mission

AI-assisted research summary: The mission is to create a strong knowledge base through teaching, research and innovation, and to disseminate it to produce well-rounded graduates with problem-solving skills for positive societal transformation.

Section 5. Mission Section To create a strong knowledge base through teaching, research and innovation, and to disseminate this knowledge to produce all rounded graduates with problem solving skills for positive societal transformation.
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ESTABLISHMENT AND FUNCTIONS OF THARAKA UNIVERSITY - 6. Philosophy

AI-assisted research summary: The University must use its resources to inculcate a culture of knowledge generation, preservation, management and dissemination to achieve positive societal transformation.

Section 6. Philosophy Section The University subscribes to three core values; sustainability, excellence and integrity. In pursuit of these values and its dedication to achieving the vision, the University shall use its resources to inculcate a culture of knowledge generation, preservation, management and dissemination for positive societal transformation.
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ESTABLISHMENT AND FUNCTIONS OF THARAKA UNIVERSITY - 7. Functions, Aims and Objectives of the University

AI-assisted research summary: Section 7 sets out the functions, aims and objectives of the University.

Section 7. Functions, Aims and Objectives of the University Section 7(1)(a) provide directly, or in collaboration with other institutions of higher learning, facilities for university education including technological, scientific and professional education; Section 7(1)(b) participate in the discovery, transmission and preservation and enhancement of knowledge and to stimulate the intellectual life and the economic, social, cultural, scientific and technological development of Kenya; Section 7(1)(c) provide and advance University education and training to appropriately qualified candidates, leading to the conferment of degrees and the award of diplomas and certificates and such other qualifications as the Council and the Senate shall determine from time to time; Section 7(1)(d) conduct examinations for such academic awards as may be provided for in the Statutes of the University; Section 7(1)(e) inculcate a culture of lifelong learning, responsible citizenry and innovation in technology, engineering and mathematics within the institution and society; and Section 7(1)(f) examine and approve proposals for the establishment of colleges, campuses, faculties, schools, institutes, departments, resource and research centres, and new programs of study. 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 the Constitution, the Act and 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.
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ESTABLISHMENT AND FUNCTIONS OF THARAKA UNIVERSITY - 8. Establishment of Colleges and Campuses within the University

AI-assisted research summary: The Council may, on the advice of the Senate, establish Colleges and Campuses within the University; each College and Campus must consist of faculties, schools, institutes, departments, centres and other resource and administrative units as provided by the Statutes.

Section 8. Establishment of Colleges and Campuses within the University Section 8(1) The Council may, on the advice of the Senate, establish Colleges and Campuses within the University whose functions and powers shall be provided for in the Act and the Statutes. Section 8(2) A College and a Campus established within the University shall consist of such faculties, schools, institutes, departments, centres and other resource and administrative units as may be provided for by the Statutes.
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ESTABLISHMENT AND FUNCTIONS OF THARAKA UNIVERSITY - 9. Establishment of Constituent Colleges

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

Section 9. Establishment of Constituent Colleges Section The Cabinet Secretary may, on the advice of the Council and on the recommendation of the Commission for University Education, by order published in the Gazette , establish or declare an institution of learning or higher education or any other training establishment to be a Constituent College of the University.

Part III

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 12. Membership of the University

AI-assisted research summary: Lists who are members of the University and provides that the members shall enjoy rights and privileges set out in the Statutes.

Section 12. Membership of the University Section 12(1)(a) the Chancellor; Section 12(1)(b) the Council; Section 12(1)(c) the Vice-Chancellor; Section 12(1)(d) the Deputy Vice-Chancellors; Section 12(1)(e) the Principal of Constituent Colleges; Section 12(1)(f) the Principal of colleges and Campuses College within the University; Section 12(1)(g) the members of the Senate; Section 12(1)(h) the University Management Board; Section 12(1)(i) the Registrars of the University; Section 12(1)(j) the Finance Officer of the University; Section 12(1)(k) Deans of Faculties, Directors and Chairpersons of Departments; Section 12(1)(l) the Librarian; Section 12(1)(m) the Corporation Secretary and Chief Legal Officer of the University; Section 12(1)(n) the Professors of the University; Section 12(1)(o) the Dean of Students; Section 12(1)(p) all staff of the University; Section 12(1)(q) the Lecturers of the University; Section 12(1)(r) the Students of the University; Section 12(1)(s) the convocation, Section 12(1)(t) the Alumni; Section 12(1)(u) the members of staff of the University and; Section 12(1)(v) such other members of staff of the University or any other body formally admitted into association with the University, as the Council may from time to time determine. Section 12(2) The members of the University shall enjoy such rights and privileges as may be set out in the Statutes.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 13. The Chancellor

AI-assisted research summary: The University shall have a Chancellor who is the titular head, shall confer degrees and hold office according to the Act; the Chancellor may direct inspections and inquiries, arrange visitations per the Statutes, and give advice to the Council; the Chancellor enjoys powers and privileges and performs functions as provided by the Statutes.

Section 13. The Chancellor Section 13(1) There shall be a Chancellor of the University who shall be appointed and who shall hold office in accordance with the Act. Section 13(2) The term of office shall be in accordance with the provisions of the Act. Section 13(3)(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 13(3)(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 13(3)(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; and Section 13(3)(d) may from time to time give advice to the Council which he considers necessary for the betterment of the University. Section 13(4) The Chancellor shall enjoy such powers and privileges and perform such other functions as may be provided for by the Statutes.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 14. The Council

AI-assisted research summary: The provision establishes a Council for the University, sets membership terms (three-year term with eligibility for one re-appointment for non-ex officio members), lists conditions that create a vacancy of office, requires the Vice-Chancellor to notify appointing authorities of vacancies, and states that the Council governs the University and must act in its best interests.

Section 14. The Council Section 14(1) There shall be a Council of the University appointed in accordance with the Act. Section 14(2) 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 14(3)(a) not being an ex officio member, resigns from the office in writing addressed to the Vice-Chancellor; Section 14(3)(b) is, by reasons of physical or mental infirmity, unable to exercise the functions of the members’ office to the satisfaction of the Council; Section 14(3)(c) fails to attend three consecutive Council meetings; Section 14(3)(d) is adjudged bankrupt by a court of competent jurisdiction; Section 14(3)(e) is found by a competent court of law to be guilty of a criminal offence; Section 14(3)(f) contravenes the provisions of Chapter six of the Constitution; and Section 14(3)(g) dies. Section 14(4) Where the office of a member of the Council becomes vacant, the Vice-Chancellor shall forthwith notify the vacancy to the appropriate appointing authority. Section 14(5) The procedure, conduct and regulation of the affairs of the Council shall be determined in accordance with the Charter and the Statutes. Section 14(6) The Council shall exercise prudent leadership, innovative enterprise, and good judgement in directing the University and shall always act in the best interest of the University. Section 14(7) Subject to this Charter, the Council shall be the governing body of the University. Section 14(8)(a) may 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; and Section 14(8)(b) may, after consultation with the Senate, make regulations governing the conduct and discipline of students of the University.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. Functions of the Council

AI-assisted research summary: Section references the Council and mentions employing staff.

Section 15. Functions of the Council Section employing staff;
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 16. The Students’ Association

AI-assisted research summary: A Students’ Association is established under the Act, this Charter and the Statutes.

Section 16. The Students’ Association Section 16(1) There shall be a Students’ Association established under the Act, this Charter and the Statutes. Section 16(2) There shall be a Students' Association established in accordance with the Act. Section 16(3)(a) oversee and plan, in consultation with the Senate, students' activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being of all students; Section 16(3)(b) draw to the attention of the appropriate authority, where necessary, special needs from particular students; Section 16(3)(c) offer suggestions to the Senate or its equivalent on matters affecting the wellbeing of students; and Section 16(3)(d) undertake such other functions as provided in its governance instrument as approved by the Council.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 17. The Alumni Association

AI-assisted research summary: Establishes an Alumni Association composed of graduates (and others as the Statutes determine); the Association governs its proceedings, may exercise functions prescribed by the Statutes, and has the right to meet and transmit resolutions to the Council.

Section 17. The Alumni Association Section 17(1) There shall be an Alumni Association of the University which shall consist of graduates of the University and such other person as may be determined by the Statutes. Section 17(2)(a) to bring together graduates and former students of the University; Section 17(2)(b) to engage in fund raising activities to assist the University; and Section 17(2)(c) to promote the University’s welfare and image. Section 17(3) The Alumni Association shall govern the conduct of its own proceedings. Section 17(4) The Alumni Association shall have the right to meet and discuss any matter relating to the University and transmit resolutions thereon to the Council, and may exercise such other functions as the Statutes may prescribe.

Part IV

MANAGEMENT OF THE UNIVERSITY

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MANAGEMENT OF THE UNIVERSITY - 18. The Vice-Chancellor

AI-assisted research summary: There shall be a Vice-Chancellor of the University who shall be appointed in accordance with the Act.

Section 18. The Vice-Chancellor Section 18(1) There shall be a Vice-Chancellor of the University who shall be appointed in accordance with the Act. Section 18(2)(a) be the academic and administrative head of the University; Section 18(2)(b) have overall responsibility for the direction, organization, administration and programmes of the University; and Section 18(2)(c) have such responsibilities and duties as may be provided for in this Charter and the Statutes. Section 18(3) The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term.
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MANAGEMENT OF THE UNIVERSITY - 19. The University Management Board

AI-assisted research summary: The University Management Board is charged with managing the university’s human resources, programmes, facilities and finances; planning for the University’s development and needs; and developing strategies to generate revenue. The Management Board may co-opt other members, and the Deputy Vice‑Chancellor (Finance and Administration) shall provide secretariat services to the Board.

Section 19. The University Management Board Section 19(1)(a) ensure efficient management of the human resources, programmes, facilities and finances of the University; Section 19(1)(b) plan for the development and needs of the University; and Section 19(1)(c) develop strategies for the generation of revenue to secure adequate financial support for the University. Section 19(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 19(2)(b) the Deputy Vice-Chancellors; Section 19(2)(c) the Principals of Colleges and Campuses; Section 19(2)(d) the Registrar of the University; Section 19(2)(e) the Finance Officer of the University; Section 19(2)(f) the Corporation Secretary and Chief Legal Officer of the University; and Section 19(2)(g) the Planning and Development Officer. Section 19(3) The Management Board may co-opt any other member as it may deem fit. Section 19(4) The Deputy Vice-Chancellor (Finance and Administration) shall provide secretariat services to the Management Board.
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MANAGEMENT OF THE UNIVERSITY - 20. The Senate

AI-assisted research summary: The Senate is responsible for all academic matters of the University; its membership is specified and it has powers to regulate academic standards, examinations, awards and to establish committees and delegate functions.

Section 20. The Senate Section 20(1) There shall be a Senate of the University which shall be in charge of all academic matters of the University. Section 20(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 20(2)(b) the Deputy Vice-Chancellors; Section 20(2)(c) the Principals of the constituent colleges; Section 20(2)(d) the Principals of each college and campus of the University; Section 20(2)(e) the Registrars of the University; Section 20(2)(f) the Deans of the faculties, and Directors of Schools, Institutes and Centres; Section 20(2)(g) the Chairpersons of Departments of the University; Section 20(2)(h) the Professors of the University; Section 20(2)(i) two members elected by the Academic Board or equivalent Board of each Constituent University College from among the members of that Board; Section 20(2)(j) the Librarian; Section 20(2)(k) the Dean of Students; Section 20(2)(l) the Corporation Secretary and Chief Legal Officer; Section 20(2)(m) one representative of each of the faculty or school boards appointed by the respective boards from among its members; and Section 20(2)(n) two members elected by the students’ organization, who shall however not be entitled to attend deliberations of the Senate on matters which are considered by the chairperson of the Senate to be confidential or which relate to examinations, the general discipline of students, and other related matters. Section 20(3) The membership of the Senate may include such other persons as the Council may determine from time to time under the Statutes. Section 20(4) The Senate may co-opt any other person as may be provided for in the Statutes. Section 20(5) The Deputy Vice-Chancellor (Academics) shall provide secretariat services to the Senate. Section 20(6)(a) satisfying itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of University and reporting its findings thereon to the Council; Section 20(6)(b) proposing regulations for consideration by the Council regarding the eligibility of persons for admission to a course of study; Section 20(6)(c) proposing regulations for consideration 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 20(6)(d) deciding which persons have attained the prescribed standard of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other award of the University and to report its decision thereon to the Council; and Section 20(6)(e) initiating proposals relating to the conduct of the University generally and to discuss any matter relating to the University and making representation there on to the Council. Section 20(6)(f) regulating the conduct of examinations; Section 20(6)(g) approving the examination results; Section 20(6)(h) making regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards; Section 20(6)(i) developing, implementing and promoting quality assurance systems and structures in the University operations; Section 20(6)(j) receiving proposals from various boards and faculties, institutes, schools, centres and considering their recommendations and making appropriate decisions; Section 20(6)(k) recommending to the Council appropriate criteria for appointment and promotion of academic staff; Section 20(6)(l) determining general policy matters relating to the library, laboratory facilities, teaching aids, workshops and such other academic services which are in its view necessary for the furtherance of the academic objectives of the University; and Section 20(6)(m) making regulations governing such other matters as are within its powers in accordance with this Charter and the Statutes. Section 20(7) The Senate may establish committees consisting of members of the Senate or such other persons as it may deem fit, and may delegate any of its powers or functions to the Chairperson or any such committees. Section 20(8) The Senate may recommend to the Council the withdrawal of any degrees or other distinctions or titles, or the revocation of any diplomas or certificates granted by the University, and withdrawal of all privileges connected therewith in accordance with the Statutes.
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MANAGEMENT OF THE UNIVERSITY - 21. The Deputy Vice-Chancellors

AI-assisted research summary: Establishes Deputy Vice-Chancellors, requires them to exercise powers and duties under the Vice-Chancellor, sets a five-year term and allows one re-appointment.

Section 21. The Deputy Vice-Chancellors Section 21(1) There shall be two or more Deputy Vice-Chancellors of the University who shall be appointed in accordance with the Act. Section 21(2) The Deputy Vice-Chancellors shall, under the general authority of the Vice-Chancellor, exercise such powers and perform such duties as may be provided for in the Statutes. Section 21(3) The Deputy Vice-Chancellors of the University shall hold office for a term of five years and shall be eligible for re-appointment for one further term.
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MANAGEMENT OF THE UNIVERSITY - 22. The Principals of Colleges and Directors of Campuses within the University

AI-assisted research summary: The Council must appoint a Principal for each College and a Director for each Campus; those Principals and Directors serve as the academic and administrative heads and, under the Vice-Chancellor's general authority, have other powers and duties as set out in the Statutes.

Section 22. The Principals of Colleges and Directors of Campuses within the University Section 22(1) The Council shall appoint for each College a Principal and for each Campus a Director as provided for in the Statutes. Section 22(2) The Principal or a Campus Director shall be the academic and administrative head of the College or Campus respectively and shall, under the general authority of the Vice-Chancellor, have such other powers and duties as may be provided for in the Statutes. Section 22(3) The Principal and the Campus Director shall hold office upon such terms and for such period as may be specified in the Statutes.
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MANAGEMENT OF THE UNIVERSITY - 23. Principals of Constituent Colleges

AI-assisted research summary: Deputy Vice-Chancellors must hold office for five-year terms and are eligible for one further five-year re-appointment.

Section 23. Principals of Constituent Colleges Section 23(1) The Principal of a Constituent College shall be appointed in accordance with the provisions of the Act. Section 23(2) The Deputy Vice-Chancellors of the University shall hold office for a term of five years and shall be eligible for re-appointment for one further term of five years.
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MANAGEMENT OF THE UNIVERSITY - 24. Convocation

AI-assisted research summary: There shall be a Convocation of the University composed of members prescribed by the Statutes; the Convocation is to be convened for conferment of awards and other functions provided for in the Statutes.

Section 24. Convocation Section 24(1) There shall be a Convocation of the University which shall consist of such members as may be prescribed by the Statutes. Section 24(2) The convocation shall be convened for purposes of the conferment of awards and for such other functions as may be provided for in the Statutes.
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MANAGEMENT OF THE UNIVERSITY - 25. Staff of the University

AI-assisted research summary: Defines categories of university staff (senior management, academic, administrative, technical, support) and gives the Council the power to delegate appointment authority, subject to restrictions.

Section 25. Staff of the University Section 25(1) The Senior Management Staff of the University shall consist of the Vice- Chancellor, the Deputy Vice-Chancellors, Principals of Constituent Colleges, the Deans of Schools, Faculties and Directors of Institutes and such other members of staff as the Council may determine from time to time. Section 25(2) The academic staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, Principals of University Colleges and Campuses, Deans of Faculties, Schools, the Librarian and all members of staff who are engaged in teaching and research. Section 25(3) The administrative staff of the University shall consist of the Registrars and such other members of staff, not being engaged in teaching or research, as the Council may determine from time to time. Section 25(4) The technical staff of the University shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of teaching departments, and as the Council may determine from time to time. Section 25(5) The support staff of the University shall consist of those staff engaged in general duties and such other persons as the Council may from time to time determine. Section 25(6)(a) in such manner and upon such terms and conditions of service as may be prescribed by the Statutes; or Section 25(6)(b) in the case of a person seconded to the service of the University from the service of another institution, the Government or any other public service, on terms and conditions agreed upon between the Council and the seconding body. Section 25(7) The Council may, subject to such restrictions as it may impose, delegate, either generally or specifically, to any person, committee, or body, the power to appoint any member of the staff of the University. Section 25(8)(a) be employed in accordance with the statutes or as otherwise specifically provided by the statutes or by the terms of a particular appointment; and Section 25(8)(b) be subject to the general authority of the Council and of the Vice-Chancellor.
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MANAGEMENT OF THE UNIVERSITY - 26. Performance of Functions in the Absence of an Office Holder

AI-assisted research summary: If the Vice-Chancellor is absent, the Council must appoint a Deputy Vice-Chancellor (or, if none, a staff member) to perform the Vice-Chancellor's functions for the period of incapacity, subject to a maximum of 180 days; the Vice-Chancellor may appoint a suitable person when other staff are absent.

Section 26. Performance of Functions in the Absence of an Office Holder Section 26(1) In the absence of the Vice-Chancellor, the Council shall appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity subject to a maximum period of one hundred and eighty days. Section 26(2) In the absence of the Vice-Chancellor and all the Deputy Vice-Chancellors, the Council shall appoint one of a member of the University staff to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum period of one hundred and eighty days. Section 26(3) In the absence of the Vice-Chancellor, the Deputy Vice-Chancellors or the Principals of colleges within the University, the Council shall appoint a member of staff to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum period of one hundred and eighty calendar days. Section 26(4) In the absence of any member of the staff of the University other than the Vice-Chancellor, and the Deputy Vice-Chancellors, the Vice-Chancellor may appoint a suitable person to perform the functions of the said officer during the period of absence.

Part V

FINANCIAL PROVISIONS

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FINANCIAL PROVISIONS - 27. Financial Year

AI-assisted research summary: The financial year of the University is a period of twelve months starting on 1st July and ending on 30th June.

Section 27. Financial Year Section 27(1) The financial year of the University shall be the period of twelve months commencing on the 1st July and ending on 30th June in the following year. Section 27(2) In the event of any change in the financial year, and for the purposes of transition from the old financial year to a new financial year consequent upon the change, the transition 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 - 28. Annual Estimates

AI-assisted research summary: The Council must prepare estimates of the University's revenue and expenditure and must approve the annual estimates before the start of the financial year.

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 the year. Section 28(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 28(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 28(2)(c) the proper maintenance of the buildings and grounds of the University; Section 28(2)(d) the proper maintenance, repair and replacement of equipment and other movable property of the University; Section 28(2)(e) the proper funding of the cost of teaching and research of and in the University; Section 28(2)(f) development expenditure; and Section 28(2)(g) the creation of such reserve funds to meet future or contingent liabilities in respect of retiring benefit, insurance or replacement of building or equipment, or in respect of such other matters as the Council may think fit. Section 28(3) Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate. Section 28(4) No expenditure shall be incurred for the purpose of the University except in accordance with the annual estimates approved 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 keep proper books of accounts for the University's income, expenditure, assets and liabilities; the Auditor-General must audit the University's accounts.

Section 29. Accounts and Audit Section 29(1) The Council shall cause to be kept all proper books of accounts of the income, expenditure, assets and liabilities of the University. Section 29(2) The accounts of the University shall be audited and reported upon in accordance with the Act and any other relevant laws of Kenya. Section 29(3) The accounts of the University shall be audited by the Auditor-General and all relevant financial management regulations provided by the Ministry for the time being responsible for public finance.
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FINANCIAL PROVISIONS - 30. Funds and Property of the University

AI-assisted research summary: Section 30 lists the University's sources of funds and allows the Council to appeal for and receive subscriptions, donations or bequests subject to other laws, and states that unexpended grant balances may be carried over to the next year.

Section 30. Funds and Property of the University Section 30(1)(a) capitation grants; Section 30(1)(b) income generating activities undertaken by the University; Section 30(1)(c) loans from the government and financial institutions; Section 30(1)(d) such subscriptions, donations or bequests as the Council may, subject to any other written law, regulations and guidelines, appeal for and receive from the general public for the benefit of the University. Section 30(2) Unexpended balances of grants may be expended from one year to the next in accordance with the Act.

Part VI

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 31. Instruments of Authority

AI-assisted research summary: The section lists the University's instruments of authority and sets rules about custody, authentication and use of the Common Seal and University logo.

Section 31. Instruments of Authority Section 31(1)(a) the Mace; Section 31(1)(b) the Common Seal; and Section 31(1)(c) the University Logo. Section 31(2) The Common Seal of the University shall be kept in such custody and used only as the Council shall direct or as specified in the Statutes. Section 31(3) A document or an instrument duly sealed by authorised officers of the University shall be binding and considered as properly executed by the University. Section 31(4) The Common Seal of the University shall be authenticated by the signatures of the Vice-Chancellor or any other person duly authorised by the Council. Section 31(5) The Common Seal of the University when affixed to any document and duly authenticated shall be judicially noticed, and unless and until the contrary is proved, any order or authorisation of the Council under this paragraph shall be presumed to have been duly given. Section 31(6) All documents other than those required by law to be under Seal, made on behalf of the Council and all decisions of the Council shall be under the hand of the Chairperson, the Vice-Chancellor or the respective Deputy Vice-Chancellor or any other member of the Council duly authorised by the Council on its behalf. Section 31(7) No person, body, authority or organisation performing any function related to administration, registration of companies, business, trade, advertisement, calling, profession, shall use the Common Seal and Logo of Tharaka University except with the consent of the Council and or authorised representative of the Council.
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MISCELLANEOUS PROVISIONS - 32. Statutes

AI-assisted research summary: Section 32 authorizes Statutes covering listed university matters and requires the Council to ascertain the Senate's opinion before changing Statutes about the Chancellor, Vice‑Chancellor or Senate; Statutes may only be made or amended by a Council resolution supported by at least three‑quarters of members present and voting, who must be at least half of total Council membership.

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; and Section 32(1)(i) providing for or prescribing anything, which, under this Charter, may be provided for or prescribed by the Statutes. Section 32(2) Notwithstanding subparagraph (i), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of the Chancellor, Vice-Chancellor or Senate without first ascertaining the opinion of the Senate. Section 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.
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MISCELLANEOUS PROVISIONS - 33. Protection of Name

AI-assisted research summary: Public officers registering companies, business or societies must not accept a name that includes 'Tharaka' together with 'University' unless the application includes the written consent of the Council; any person using those words in advertisements without the Council's written consent commits an offence liable on conviction to a fine not exceeding one million shillings, or imprisonment for a term not exceeding twelve months, or both.

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 any such registration any name which includes the word ‘Tharaka’ 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 word ‘Tharaka’ 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 one million shillings, or imprisonment for a term not exceeding twelve months, or both. Section 33(3) Provided that 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 him of a degree, diploma or certificate by the University.
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MISCELLANEOUS PROVISIONS - 34. Revocation of Order

AI-assisted research summary: Section 34 revokes the Tharaka University College Order (Legal Notice 146 of 4 August 2017) and preserves certain existing agreements, appointments, funds and Statutes or regulations, which continue in force but may be amended or revoked under this Charter.

Section 34. Revocation of Order Section 34(1) The Tharaka University College Order of Legal Notice 146 of 4th August 2017 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. Section 34(3) The Statutes or regulations made under the Order and in force immediately before the grant of this Charter shall continue in force but may be amended or revoked by the Statutes or regulations made under this Charter.
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MISCELLANEOUS PROVISIONS - 35. Transitional

AI-assisted research summary: Transitional arrangements: interim council and officers continue and existing staff and eligible students retain status and awards under the new Tharaka University charter.

Section 35. Transitional Section 35(1)(a) the University Council of the Tharaka University College shall continue to be in place and shall function as the University Council of Tharaka University until such time that the substantive University Council shall have been appointed; Section 35(1)(b) the University Council of Tharaka University College shall develop Statutes for Tharaka University under this Charter and the Statutes so made shall be deemed to have been made under this Charter; Section 35(1)(c) the persons occupying the positions of Principal and Deputy Principals of Tharaka University College shall continue to discharge their responsibilities and exercise such powers as acting Vice-Chancellor and acting Deputy Vice-Chancellors respectively as set out in the Act, this Charter and the Statutes of Tharaka University College until the Vice-Chancellor and other officers of the University are appointed and assume office; Section 35(1)(d) all persons who were members of staff of Tharaka University College shall be members of staff of Tharaka University and shall be deemed to have been appointed under this Charter on the same terms and conditions of service. Section 35(2) The students of the Tharaka University College who were pursuing diploma and certificate programmes courses immediately before the award of this Charter shall be awarded diplomas and certificates of Tharaka University. Section 35(3)(a) to continue and be awarded a degree of the Tharaka University; or Section 35(3)(b) to be awarded a degree of the Chuka University. Section 35(4)(a) availability of space; and Section 35(4)(b) the accreditation of the relevant academic programme.
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MISCELLANEOUS PROVISIONS - 36. Variation and Revocation of the Charter

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

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

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