The Africa International University Charter

This Charter may be cited as the Africa International University Charter.

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

Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 42 of 2011
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

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About this statute

This Charter may be cited as the Africa International University Charter. Section providing definitions and interpretation for terms used in the Charter. A private non-profit university called Africa International University is established and constituted under this Charter; it succeeds Nairobi Evangelical Graduate School of Theology and certain rights, liabilities and assets transfer to it. The University's Common Seal must be kept in custody as the Council directs; it may not be used except as authorised by the Council; authentication requires the signature of the Vice-Chancellor and one other person authorised by the Council; when duly authenticated and affixed to a document the Seal is judicially and officially noticed and Council orders or authorizations under this section are presumed to have been duly given unless the contrary is proved. The University requires its academic and non-academic staff and its members to be faithful to the evangelical/Christian ethos; it also admits primarily students who abide by this faith while meeting academic and character requirements.

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Provisions of The Africa International University Charter

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Part I

PRELIMINARY

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PRELIMINARY - 1. Short title

AI-assisted research summary: This Charter may be cited as the Africa International University Charter.

Section 1. Short title Section This Charter may be cited as the Africa International University Charter.
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PRELIMINARY - 2. Interpretation

AI-assisted research summary: Section providing definitions and interpretation for terms used in the Charter.

Section 2. Interpretation Section In this Charter, unless the context requires otherwise— "Alumni Association" means the Association of all graduates and former students of the University established under section 29; "Board" means the Board of Trustees of Africa International University incorporated under the Trustees (Perpetual Succession) Act (Cap. 164); "Chancellor" means a person appointed as such under section 12; "Council" means the University Governing Council established, under section 13; "Executive Board of the Association of Evangelicals in Africa" means the governing body of the Association of Evangelicals in Africa that is charged with exercising governance responsibilities of the Association; "Fiscal year" means the financial year of the University referred to in section 32; "Librarian" means the person appointed as such under section 22; "Management Board" means the University Management Board established under Section 16; "Registrar" means a person appointed as such under section 21; "School" means a constituent school of Africa International University established by the Council; "Senate" means the Senate of the University established under section 15; "Student" means a person registered by the University for the purpose of obtaining a qualification of the University or any other person who is determined by the Council to be a student; "Student Association" means the body of the students of the University established under Section 28; "University” means the Africa International University established under section 3; "University Staff Welfare Association" means the representative body of the staff of the University established under section 30; and "Vice-chancellor” means a person appointed as such under section 19.

Part II

ESTABLISHMENT FUNCTIONS AND POWERS OF THE UNIVERSITY

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ESTABLISHMENT FUNCTIONS AND POWERS OF THE UNIVERSITY - 3. Establishment and Incorporation of the University

AI-assisted research summary: A private non-profit university called Africa International University is established and constituted under this Charter; it succeeds Nairobi Evangelical Graduate School of Theology and certain rights, liabilities and assets transfer to it.

Section 3. Establishment and Incorporation of the University Section 3(1) There is established a private non-profit making university to be known as Africa International University which shall be constituted in accordance with the provisions of this Charter. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, disposing or leasing of movable and immovable property; Section 3(2)(c) borrowing of money, receiving of grants, gifts and donations for the purpose of furthering education; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing such other things or acts necessary for the proper discharge of its functions under this Charter, which may be lawfully performed or done by a corporate body. Section 3(3) The University shall be the successor to Nairobi Evangelical Graduate School of Theology. Section 3(4) All rights, liabilities and assets held by or any other body on behalf of Nairobi Evangelical Graduate School of Theology, existing at the commencement of this Charter, shall be automatically and fully transferred to the University.
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ESTABLISHMENT FUNCTIONS AND POWERS OF THE UNIVERSITY - 4. Common Seal

AI-assisted research summary: The University's Common Seal must be kept in custody as the Council directs; it may not be used except as authorised by the Council; authentication requires the signature of the Vice-Chancellor and one other person authorised by the Council; when duly authenticated and affixed to a document the Seal is judicially and officially noticed and Council orders or authorizations under this section are presumed to have been duly given unless the contrary is proved.

Section 4. Common Seal Section 4(1) The Common Seal of the University shall be kept in custody as the Council shall direct and shall not be used except as the Council shall authorise. Section 4(2) The Common Seal of the University shall be authenticated by the signature of the Vice-Chancellor and one other person authorised by the resolution of the Council. Section 4(3) The Common Seal, when affixed to any document and duly authenticated, shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Council under this section shall be presumed to be duly given.
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ESTABLISHMENT FUNCTIONS AND POWERS OF THE UNIVERSITY - 5. The University Philosophy

AI-assisted research summary: The University requires its academic and non-academic staff and its members to be faithful to the evangelical/Christian ethos; it also admits primarily students who abide by this faith while meeting academic and character requirements.

Section 5. The University Philosophy Section 5(1) The University's philosophy seeks to participate in God’s mission in the world by bringing a Christ-centred world-view to bear on knowledge, research and its relevance to both the mission of God and the needs of Africa, and this mandates that the academic and non-academic staff are faithful to the evangelical faith and practice. Section 5(2) The University admits primarily, though not exclusively, students who abide to this faith as well as meeting the institution's academic and character requirements and without exception, members of the University shall be faithful to the Christian ethos and code of conduct of the University.
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ESTABLISHMENT FUNCTIONS AND POWERS OF THE UNIVERSITY - 6. The University Statement of Faith

AI-assisted research summary: States that the Holy Scriptures of the Old and New Testament (66 books) are the Word of God.

Section 6. The University Statement of Faith Section THE HOLY SCRIPTURES of the Old and the New Testament (a total of 66 Books) are the Word of God. It is divinely inspired, infallible, inerrant, and entirely trustworthy and serves as a supreme authority in all matters of faith and conduct (2 Tim. 3:16-17);
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ESTABLISHMENT FUNCTIONS AND POWERS OF THE UNIVERSITY - 7. The Objectives and Functions of the University

AI-assisted research summary: Section 7 lists the objectives and functions of the University: the University must perform the listed activities including encouraging Christian character, promoting engagement with church and society issues in Africa, developing students' critical and research skills, building research capacity, offering undergraduate/postgraduate and non-formal programmes, stimulating Christian mission and service, providing resources for education and research, determining teaching staff and curriculum, conducting research, preserving and disseminating knowledge, conducting examinations and granting awards, nurturing students' holistic development, and establishing internal academic units to realize its mission.

Section 7. The Objectives and Functions of the University Section 7(1)(a) encourage growth in Christian character for faithful service to the church and society through various professions; Section 7(1)(b) promote informed, reflective and effective engagement in the major issues and challenges facing the church and society in Africa; Section 7(1)(c) enable each student to develop critical and creative, analytical and innovative thinking and research skills to address the concerns and needs of African Christianity and society; Section 7(1)(d) build institutional capacity for research, transmission and preservation of knowledge; Section 7(1)(e) offer undergraduate and postgraduate education and non-formal programmes that will enhance the academic and personal development of students as life-long learners; and Section 7(1)(f) stimulate and nurture Christian mission, witness and service in church and society. Section 7(2)(a) provide resources for the level of education, training and research to be carried out at the University; Section 7(2)(b) determine the teaching staff and set out the curriculum and other teaching guides to be used in the University; Section 7(2)(c) conduct research; Section 7(2)(d) preserve, process, transmit and disseminate knowledge; Section 7(2)(e) conduct examinations, grant degrees, diplomas and certificates and other awards as provided in the Statutes of the University; Section 7(2)(f) train and nurture holistic development of students; and Section 7(2)(g) establish Divisions, Departments, Colleges, Schools, Institutes and Centres that may aid it in realizing its mission and objectives.
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ESTABLISHMENT FUNCTIONS AND POWERS OF THE UNIVERSITY - 8. Powers of the University

AI-assisted research summary: The University has the power to establish colleges, divisions, departments, schools, centres, campuses or institutes.

Section 8. Powers of the University Section establish colleges, divisions, departments, schools, centres, campuses or institutes of the University in a manner provided for in the Statutes;

Part III

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 10. Governance

AI-assisted research summary: Section title: Governance — the Board of Trustees.

Section 10. Governance Section the Board of Trustees;
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 11. Board of Trustees

AI-assisted research summary: The Board of Trustees must safeguard and uphold the vision of the University.

Section 11. Board of Trustees Section safeguard and uphold the vision of the University;
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 12. The Chancellor

AI-assisted research summary: The Board appoints a University Chancellor. The Chancellor serves up to six years and may be reappointed for one further six-year term; has roles including conferring awards, directing inspections/inquiries (with Council), arranging visitations under the Statutes, enjoying statutory powers, and advising the Board. The Board may appoint someone to act during the Chancellor's incapacity. The Chancellor may be removed or vacates office for specified reasons including resignation, incapacity, bankruptcy, misconduct, continuous non-performance for six months, expiry of term, or death.

Section 12. The Chancellor Section 12(1) There shall be a University Chancellor appointed by the Board. Section 12(2) The Chancellor shall serve for a period not exceeding six years and shall be eligible for reappointment for one further term of six years. Section 12(3)(a) be the titular head of the University and, in the name of the University, confer degrees and grant diplomas, certificates and other awards of the University; Section 12(3)(b) from time to time, in consultation with the Council, direct an inspection of the University or an inquiry into the teaching, research or any other work of the University, if necessary, or as assigned by the Board; Section 12(3)(c) arrange for visitation into the general administration and organization of the University as provided for under the Statutes; Section 12(3)(d) enjoy such powers and privileges and perform such other functions as may be provided for in the Statutes; and Section 12(3)(e) give advice to the Board which he or she considers necessary for the betterment of the University. Section 12(4) In the event of incapacity of the Chancellor, the Board, in consultation with the Council, shall appoint such other person as it may consider necessary to perform those functions during his or her absence or incapacity. Section 12(5)(a) upon the expiry of the term as provided under this Charter; Section 12(5)(b) if, by notice in writing addressed to the Chairperson of the Board, the Chancellor resigns; Section 12(5)(c) if the Board is satisfied that the Chancellor is, by reason of physical, mental infirmity, misconduct or conflict of interest, unable to exercise the functions of his or her office; Section 12(5)(d) if the Chancellor is adjudged bankrupt or makes any arrangements or propositions with creditors generally; Section 12(5)(e) if the Chancellor fails to perform the duties of his or her office for a continuous period of six months without a valid reason; or Section 12(5)(f) upon the Chancellor's death.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 13. The University Governing Council

AI-assisted research summary: Establishes a University Governing Council which is appointed by the Board and specifies its composition and membership rules.

Section 13. The University Governing Council Section 13(1) There is established a Council to be known as the University Governing Council appointed by the Board. Section 13(2)(a) a Chairperson; Section 13(2)(b) not more than a third of the total number of the members of the Board; Section 13(2)(c) the Secretary-General of the Association of Evangelicals in Africa; Section 13(2)(d) two representatives of the Association of Evangelicals in Africa nominated by the Executive Board of the Association of Evangelicals in Africa; Section 13(2)(e) chairperson of the Alumni Association; and Section 13(2)(f) the Vice-Chancellor, who shall be the secretary and an ex officio member. Section 13(3) The term of office of a member of the Council, other than an ex officio , shall be determined by the Board from time to time. Section 13(4) A member of the Council is eligible for re-appointment upon expiry of his or her term at the discretion of the Board. Section 13(5) The procedure, conduct and regulation of the affairs and meetings of the Council shall be as prescribed in the Statutes. Section 13(6)(a) if, not being an ex officio member, he or she resigns in writing addressed to the Chairperson of the Council or holds an executive or paid office in the University; Section 13(6)(b) if the Council is satisfied, and upon approval by the Board, that a member is, by reason of physical or mental infirmity or otherwise, unable to discharge his or her duties as required; Section 13(6)(c) if he or she is absent for three consecutive Council meetings without good reason; Section 13(6)(d) if he or she is found to be involved in unbecoming behaviour as determined by the Council in consultation with the Board; Section 13(6)(e) if found to be directly or indirectly involved in any business conflicting with the function of the University and fails to disclose the conflicting interest; Section 13(6)(f) if he or she is declared bankrupt or convicted in a court of law for whose crime is punishable by imprisonment for a term exceeding six months; or Section 13(6)(g) upon his or her death.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 14. Functions of the Council

AI-assisted research summary: The Council Section must administer the property and funds of the University to promote its best interests.

Section 14. Functions of the Council Section administer the property and funds of the University in a manner and for purposes which shall promote the best interest of the University;
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. The Senate

AI-assisted research summary: Section 15 sets out the membership of the Senate, events that terminate membership, the Senate’s academic functions, and that the Senate may establish committees and that its procedures are determined by the Statutes.

Section 15. The Senate Section 15(1)(a) the Vice-Chancellor – Chairperson; Section 15(1)(b) the Deputy Vice-Chancellors; Section 15(1)(c) Deans and Directors; Section 15(1)(d) Registrar, in charge of academic – Secretary; Section 15(1)(e) Heads of Departments/Programmes; Section 15(1)(f) full Professors of the University; Section 15(1)(g) the Librarian; Section 15(1)(h) the Chair of the Student Council; Section 15(1)(i) the Secretary of the Student Council; and Section 15(1)(j) other members as may be co-opted on the recommendation of the Vice-Chancellor or the Senate. Section 15(2)(a) if he or she ceases to be a member of the University; Section 15(2)(b) if his or her membership contravenes any of the membership requirements; Section 15(2)(c) if he or she is adjudged bankrupt; Section 15(2)(d) if, by majority vote of the members of the Senate present and voting, and with approval of the Board, his membership is revoked; or Section 15(2)(e) if he or she dies. Section 15(3)(a) resolve all academic matters and the related budgetary proposal, and make proposals for consideration by the Council; Section 15(3)(b) manage, evaluate and review all academic programmes, courses, and the quality, instruction, research, standards, guidelines, provisions, and regulations of the University programmes; Section 15(3)(c) admit students into the relevant programmes subject to stipulated policies of the Council on admissions; Section 15(3)(d) examine and certify candidates for award of degrees and diplomas and to recommend the same to the Council; Section 15(3)(e) make recommendations to the Council on academic administration, including the establishment of Faculties, Schools, Centres, Departments, Campuses, Institutes and equivalent bodies as may be required; Section 15(3)(f) make recommendations on staff appointments for consideration by the Council; and Section 15(3)(g) regulate the discipline of the students of the University. Section 15(4) The Senate may, in performance of its functions, establish committees to undertake such functions as the Senate may delegate or as may be provided for in the Statutes. Section 15(5) The procedure, conduct, regulation of the affairs and meetings of the Senate shall be determined by the Statutes.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 16. The Management Board of the University

AI-assisted research summary: The Vice-Chancellor may appoint additional senior members to the Management Board with the Council's authorization; the Management Board may co‑opt staff members under terms and conditions it determines.

Section 16. The Management Board of the University Section 16(1) There shall be a Management Board of the University comprising the Vice-Chancellor, Deputy Vice-Chancellors and other Officers as the Council may determine. Section 16(2) The Vice-Chancellor may appoint additional members from among senior members of the University to the Management Board upon authorization by the Council. Section 16(3) The Management Board may co-opt any member of the staff of the University to the Management Board under such terms and conditions as the Management Board may determine. Section 16(4) The procedure, conduct, regulation of the affairs and meetings of the Management Board shall be prescribed in the Statutes.
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 17. Functions of the Management Board of the University

AI-assisted research summary: The Management Board of the University has the function of implementing the University's policies.

Section 17. Functions of the Management Board of the University Section implementation of the policies of the University in consonance with good governance principles, sound administrative regulations and practice, and due diligence for all matters necessary for the effective operation of the institution;
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MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 9. Membership

AI-assisted research summary: Section heading referencing membership and the Chancellor.

Section 9. Membership Section the Chancellor:

Part IV

ADMINISTRATION OF THE UNIVERSITY

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ADMINISTRATION OF THE UNIVERSITY - 18. Officers of the University

AI-assisted research summary: The University must have principal officers with authority to perform the functions conferred on the University by the Charter.

Section 18. Officers of the University Section 18(1) The University shall have principal officers with authority, in the name of the University, to perform the functions conferred on the University under this Charter. Section 18(2)(a) the Vice-Chancellor; Section 18(2)(b) the Deputy Vice-Chancellors; Section 18(2)(c) Registrar; Section 18(2)(d) the University Librarian; Section 18(2)(e) Deans and Directors; Section 18(2)(f) Dean of students; and Section 18(2)(g) any other member of the University as the Council may approve.
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ADMINISTRATION OF THE UNIVERSITY - 19. The Vice-Chancellor

AI-assisted research summary: The Council must appoint a Vice-Chancellor; the Vice-Chancellor has specified duties including overall responsibility for university direction, chairing bodies, responsibility for conduct, serving as Secretary to the Council, representing the university externally, and carrying out duties assigned by the Board.

Section 19. The Vice-Chancellor Section 19(1) There shall be a Vice-Chancellor appointed by the Council. Section 19(2)(a) have the overall responsibility for the direction, organisation, development, administration and academic programmes of the University; Section 19(2)(b) be the chairperson of the Management Board and the Senate; Section 19(2)(c) be responsible to the Board and the Council for the general conduct and discipline of the students and staff of the University; Section 19(2)(d) be the Secretary to the Council; Section 19(2)(e) act as a representative of the University and its spokesperson on its external matters; and Section 19(2)(f) carry out any other duties and responsibilities as may be assigned by the Board. Section 19(3) The Vice-Chancellor shall be appointed upon the terms and conditions of service prescribed by the Statutes and shall be eligible for re-appointment upon expiration of his or her term. Section 19(4)(a) upon the expiry of the term of office; Section 19(4)(b) if, by notice in writing addressed to the Council, the Vice-Chancellor resigns; Section 19(4)(c) if the Council is satisfied that the Vice-Chancellor is, by reason of physical or mental infirmity, unable to exercise the functions of his or her office; Section 19(4)(d) if the Vice-Chancellor is declared bankrupt or makes any arrangements or propositions with creditors generally; Section 19(4)(e) if the Vice-Chancellor fails to perform the duties of his or her office without a valid reason; or Section 19(4)(f) upon the Vice-Chancellor's death.
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ADMINISTRATION OF THE UNIVERSITY - 20. The Deputy Vice-Chancellors

AI-assisted research summary: The Council must, on the Senate's recommendation, appoint Deputy Vice-Chancellors to assist the Vice-Chancellor in academic and administrative matters; appointments are on terms and conditions prescribed by the Statutes or as the Council may determine.

Section 20. The Deputy Vice-Chancellors Section 20(1) The Council shall, on recommendation of the Senate, appoint the Deputy Vice-Chancellor(s) to assist the Vice-Chancellor in matters pertaining to academic and administrative functions of the University. Section 20(2) The Deputy Vice-Chancellor(s) shall be appointed upon the terms and conditions of service prescribed by the Statutes or as the Council may determine.
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ADMINISTRATION OF THE UNIVERSITY - 21. Registrar

AI-assisted research summary: The Council must appoint the Registrar of the University; the Registrar must be answerable to the Deputy Vice-Chancellor.

Section 21. Registrar Section 21(1) There shall be the Registrar of the University appointed by the Council. Section 21(2) Terms of employment, duties and responsibilities of the Registrar shall be prescribed by the Statutes or the instrument of appointment. Section 21(3) The Registrar shall be answerable to the Deputy Vice-Chancellor.
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ADMINISTRATION OF THE UNIVERSITY - 22. University Librarian

AI-assisted research summary: The Council must appoint the University Librarian; the duties and responsibilities of the University librarian must be prescribed by the Statutes or the instrument of appointment.

Section 22. University Librarian Section 22(1) There shall be the University Librarian appointed by the Council. Section 22(2) The duties and responsibilities of the University librarian shall be prescribed by the Statutes or the instrument of appointment.
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ADMINISTRATION OF THE UNIVERSITY - 23. Deans, Academic Heads and Chairpersons of the University

AI-assisted research summary: There shall be Deans, Academic Heads and Chairpersons of schools, institutes, centres, campuses or other establishments of the University appointed by the Council.

Section 23. Deans, Academic Heads and Chairpersons of the University Section 23(1) There shall be Deans, Academic Heads and Chairpersons of schools, institutes, centres, campuses or other establishments of the University appointed by the Council. Section 23(2) The duties, responsibilities and terms of office of the Deans of faculties, schools or institutes shall be prescribed by the Statutes or the instrument of appointment.
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ADMINISTRATION OF THE UNIVERSITY - 24. Directors

AI-assisted research summary: There is an office of Directors of the University, and the Directors are appointed by the Council; their duties, responsibilities and terms of office are prescribed in the Statutes or instruments of appointment.

Section 24. Directors Section 24(1) There shall be office of the Directors of the University appointed by the Council. Section 24(2) The duties, responsibilities and terms of office of the Directors shall he prescribed in the Statutes or the instruments of appointment.
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ADMINISTRATION OF THE UNIVERSITY - 25. Dean of Students

AI-assisted research summary: The Council appoints the Dean of Students.

Section 25. Dean of Students Section 25(1) There shall be the Dean of Students appointed by the Council. Section 25(2) The duties, responsibilities and terms of appointment of the Dean of Students shall be prescribed by the Statutes or the instrument of appointment.
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ADMINISTRATION OF THE UNIVERSITY - 26. Heads of Departments

AI-assisted research summary: The Council shall appoint the heads of departments of the University; the duties and responsibilities of those heads are to be prescribed by the Statutes or the instrument of appointment.

Section 26. Heads of Departments Section 26(1) There shall be heads of departments of the University appointed by the Council. Section 26(2) The duties and responsibilities of the heads of departments shall be prescribed by the Statutes or the instrument of appointment.
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ADMINISTRATION OF THE UNIVERSITY - 27. Staff of the University

AI-assisted research summary: The University must have academic and administrative staff; academic and administrative staff are defined and members are subject to the Council and Vice-Chancellor; certain existing staff shall transfer and be deemed appointed under this Charter.

Section 27. Staff of the University Section 27(1) The University shall have academic and administrative staff. Section 27(2) The academic staff shall consist of members of staff engaged in teaching or research work, determined by the Council. Section 27(3) The Administrative staff shall consist of members of staff, not engaged in teaching or research work, determined by the Council. Section 27(4) Members of University staff are subject to the authority of the Council and responsible to the Vice-Chancellor. Section 27(5) Except as the Council otherwise directs, all persons who were members of the staff of Nairobi Evangelical Graduate School of Theology immediately before the commencement of this Charter shall be members of the staff of the University and shall be deemed to have been appointed under this Charter on the terms and conditions of service applicable to them immediately before the commencement.
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ADMINISTRATION OF THE UNIVERSITY - 28. Students' Association

AI-assisted research summary: The Students' Association must lead students, oversee and plan student activities promoting spiritual and social well‑being, promote harmonious community life, make suggestions to the Senate or Management Board for the student body's interest, and operate under the Council's general direction as prescribed by the Statutes.

Section 28. Students' Association Section 28(1)(a) give leadership to the Students; Section 28(1)(b) oversee and plan student activities that promote spiritual and social well being among all students; Section 28(1)(c) promote harmonious community life; and Section 28(1)(d) make suggestions to the Senate or Management Board that are felt to be in the interest of the student body. Section 28(2) The Students' Association shall operate under the general direction of the Council, as may be prescribed by the Statutes.
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ADMINISTRATION OF THE UNIVERSITY - 29. Alumni Association

AI-assisted research summary: There shall be an Alumni Association of the University to be known by a name to be provided for by the Statutes; it includes lists of institutions and purposes such as bringing together graduates, promoting the University's welfare and image, and providing suggestions to University leadership.

Section 29. Alumni Association Section 29(1) There shall be an Alumni Association of the University to be known by a name to be provided for by the Statutes. Section 29(2)(a) Africa International University; or Section 29(2)(b) other institutions, as the Statutes may prescribe. Section 29(3)(a) bring together graduates who qualify to be members for purposes of providing services that contribute to the University's development; Section 29(3)(b) promote the University's welfare and image; and Section 29(3)(c) provide suggestions to the University leadership with regard to University development.
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ADMINISTRATION OF THE UNIVERSITY - 30. University Staff Welfare Association

AI-assisted research summary: Creates a University Staff Welfare Association required to cater for staff welfare and to operate under the Statutes.

Section 30. University Staff Welfare Association Section There shall be a University Staff Welfare Association which shall cater for the welfare of the University Staff members and shall operate under the provisions of the Statutes.
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ADMINISTRATION OF THE UNIVERSITY - 31. Performance of functions in the absence of office holder

AI-assisted research summary: If the Vice-Chancellor is absent or incapacitated a Deputy Vice-Chancellor performs the functions; if both are absent the Council appoints someone; for other staff the Vice‑Chancellor (with Council) appoints a qualified person for a specified period; "absence" and "incapacity" are defined.

Section 31. Performance of functions in the absence of office holder Section 31(1) In the event of the incapacity or absence of the Vice-Chancellor, the functions of the Vice-Chancellor shall be performed by a Deputy Vice-Chancellor. Section 31(2) In the event of the incapacity or absence of the Vice-Chancellor and the Deputy Vice-Chancellor, the Council shall appoint a suitable person to perform the duties of the incapacitated or absent Vice-Chancellor or Deputy Vice-Chancellor. Section 31(3) In the event of incapacity of any other member of staff, the Vice-Chancellor shall, in consultation with the Council, appoint a suitably qualified person to perform the duties of the incapacitated or absent member for a specified period. Section 31(4)(a) "absence" means absence from Kenya; and Section 31(4)(b) "incapacity" means the inability for any reason to perform the functions of the office held.

Part V

FINANCIAL PROVISIONS

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FINANCIAL PROVISIONS - 32. The University Fiscal Year

AI-assisted research summary: The Council may, by resolution, choose a different start date for the University's fiscal year.

Section 32. The University Fiscal Year Section 32(1) The fiscal year of the University shall be the period of twelve months commencing the 1st January of each year or on such other date as the Council may, by resolution, determine. Section 32(2) In the event of any change in the fiscal year, and for the purposes of the transition from the old fiscal year to a new fiscal year, consequent upon such change, the transitional period, whether more or less than twelve months, shall be deemed for all purposes of this Charter to be a fiscal year.
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FINANCIAL PROVISIONS - 33. Annual Budget

AI-assisted research summary: The Management Board must prepare the University's annual revenue and expenditure estimates before the fiscal year starts and submit them to the Council for approval; the Council may authorize expenditure not covered by an approved annual budget.

Section 33. Annual Budget Section 33(1) Before the commencement of the fiscal year, the Management Board shall prepare estimates of revenue and expenditure of the University for that year and submit the same to the Council for approval. Section 33(2)(a) for the payment of all salaries, allowances, and other charges in respect of the staff of the University; Section 33(2)(b) for the payment of any pensions, gratuities and other charges in respect of retirement benefits which may be payable out of the funds of the University; Section 33(2)(c) for the proper development and maintenance of the buildings and grounds of the University; Section 33(2)(d) for the proper maintenance, repair and replacement of the equipment and other moveable property of the University; Section 33(2)(e) for the funding of the cost of teaching and research activities of and in the University; Section 33(2)(f) for 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 Council may think fit; and Section 33(2)(g) for the operating and capital costs of the University. Section 33(3) No expenditure shall be incurred for the purposes of the University except in accordance with an annual budget approved by the Council or as the Council may authorize.
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FINANCIAL PROVISIONS - 34. Accounts and Audit

AI-assisted research summary: The Council must keep proper books and records of the University's income, expenditure, assets and liabilities; the accounts must be audited annually by an auditor appointed by the Council, and the auditor must report within six months after the end of the fiscal year.

Section 34. Accounts and Audit Section 34(1) The Council shall cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities of the University. Section 34(2)(a) a statement of income and expenditure during the year; Section 34(2)(b) a statement of the assets and liabilities of the University on the last day of such year; and Section 34(2)(c) all other relevant documents and information pertaining to the financial affairs of the University. Section 34(3) The accounts of the University shall be audited annually by an auditor appointed by the Council on such terms and conditions as the Council may determine. Section 34(4) Within a period of six months after the end of the fiscal year, the auditor shall report on the examination and audit of the accounts of the University to the Council.
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FINANCIAL PROVISIONS - 35. Funds and Resources

AI-assisted research summary: Section 35 lists sources of the University's funds and requires that any donor funds be used exclusively for the agreed purpose and that the University must not accept funds that may limit or compromise its freedom or integrity.

Section 35. Funds and Resources Section 35(1)(a) tuition and other fees; Section 35(1)(b) donations and grants made to the University; Section 35(1)(c) endowments; Section 35(1)(d) gifts, bequests and trusts; Section 35(1)(e) income from auxiliary activities such as consultancy; and Section 35(1)(f) other sources as the University may from time to time identify. Section 35(2) Any funds received by the University from any donor shall be used or channelled exclusively for the intended purpose as agreed between such donor and the University Section 35(3) The University shall not accept funds which may limit or compromise its freedom or integrity.
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FINANCIAL PROVISIONS - 36. Investment of Funds

AI-assisted research summary: The Management Board may invest funds not immediately required for its purposes, with the approval of the Council and as it may determine.

Section 36. Investment of Funds Section The Management Board, with approval of the Council may invest any of its funds not immediately required for its purposes, as it may determine.

Part VI

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 37. Statutes

AI-assisted research summary: Section 37 authorizes the Council to make Statutes on listed university matters, requires consultation with the Vice-Chancellor or Senate before changing Statutes about their functions and privileges, and requires Statutes to be passed by a resolution supported by at least three-fourths of members present and voting (at least half of total Council membership).

Section 37. Statutes Section 37(1)(a) establishment of policies, programs, facilities, departments, institutes, schools and constituent colleges that will fulfil the purposes of the University; Section 37(1)(b) description of degrees, diplomas and certificates; Section 37(1)(c) requirements for the award of degrees; Section 37(1)(d) conduct of examination; Section 37(1)(e) prescribing fees and other charges; Section 37(1)(f) settlement of terms and conditions of service including the appointment, dismissal, remuneration and retiring benefits of members of staff of the University; Section 37(1)(g) reviewing of the actions of the Senate, to assign responsibilities to the Senate, and to appoint and to establish the composition and the terms of reference of committees of the Council and Senate that may be necessary for the proper functioning of the University; Section 37(1)(h) procedure of meetings of the Council and other bodies including the establishment, composition, and terms of reference of committees of the Council; Section 37(1)(i) establishment of policies concerning the admission of students, their physical and spiritual welfare, and their discipline; Section 37(1)(j) prescribing the rules and regulations for a Student Association or Associations; Section 37(1)(k) providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the Statutes. Section 37(2) Notwithstanding the provisions of this Section, the Council shall not enact, amend or repeal or in any other way modify any Statute relating to the functions and privileges of the Vice-Chancellor or Senate without due consultation with the Vice-Chancellor or Senate. Section 37(3) Statutes shall only be made by a resolution passed at a meeting of the Council supported by 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 - 38. Protection of Name

AI-assisted research summary: Public officers must not register company or business names that include the words "Africa International" together with "university" unless the application includes written consent of the Council; persons or organisations must not use "Africa International University" or "AIU" in advertising without written consent and doing so is an offence; bona fide use of titles awarded by the University for degrees, diplomas or certificates is preserved.

Section 38. Protection of Name Section 38(1) Despite the provisions of any other written law, no public officer performing functions relating to the registration of companies or business names shall accept for such registration any name which includes together with the word "university" the words "Africa International" unless the application or such registration is accompanied by the written consent of the Council. Section 38(2) Further, any person or organization who or which, except with the written consent of the Vice-Chancellor or Council, uses the words "Africa International University" or "AIU" in furtherance of, or in connection with any advertisement for any trade, business, calling or otherwise commits an offence and shall be punishable under the relevant Laws of Kenya. Section 38(3) This subsection shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him or her of a degree, diploma or certificate by the University.
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MISCELLANEOUS PROVISIONS - 39. Variation and Revocation of the Charter

AI-assisted research summary: The Charter may be amended, repealed, revoked or otherwise varied in accordance with the provisions of the Universities Act (Cap. 210).

Section 39. Variation and Revocation of the Charter Section This Charter may be amended, repealed, revoked or otherwise varied in accordance with the provisions of the Universities Act (Cap. 210).
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MISCELLANEOUS PROVISIONS - 40. Dissolution of the University

AI-assisted research summary: If the University is dissolved or winds up, any remaining assets or income after payment of reasonable expenses must revert to the Trustees or be distributed to similar organizations in Kenya as the Trustees decide in their sole and absolute discretion.

Section 40. Dissolution of the University Section In the event of the dissolution of the University by revocation of the Charter or in the event of winding up of the University for whatever reasons, or if the University ceases to exist, all assets or income remaining after payment of all reasonable expenses or liabilities properly incurred shall revert to the Trustees or be distributed to one or more organizations in the, Republic of Kenya with similar legal nature, aims and objectives as the University as the Trustees may in their sole and absolute discretion determine.

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