The Aga Khan University-Kenya Charter
This Charter may be cited as the Aga Khan University-Kenya Charter.
AI-assisted research synopsis — verify against the official legal text below.
- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 75 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 Aga Khan University-Kenya Charter. This section provides definitions of terms used in the Charter (for example: "Act", "Alumni Association", "Cabinet Secretary", "Chancellor", "Commission", "Council", "Dean", "Dean of Students", "Deputy Vice-Chancellor", "Faculty", "Graduate", "Institute", "Senate", "Sponsor", "Statutes", "Student", "Student Association", "University", "University Staff", "University Management Board", "University Campus", and "Vice-Chancellor"). The University Council may, on the advice of the Senate, establish Colleges or Campuses to offer training; an established College or Campus must consist of Faculties, Schools, Institutes or Centres as provided by the Statutes. Section 11(2) states that, subject to the Charter, the University may award fellowships, scholarships, bursaries, prizes and make other awards as provided for in the Statutes. Establishes a convocation of the University, states its membership is as prescribed by the Statutes, and states that the convocation shall be convened for conferment and granting of awards and for other functions outlined in the Statutes.
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Provisions of The Aga Khan University-Kenya Charter
Showing 44 of 44
Part I
PRELIMINARY
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PRELIMINARY - 1. Short title
AI-assisted research summary: This Charter may be cited as the Aga Khan University-Kenya Charter.
Section 1. Short title Section This Charter may be cited as the Aga Khan University-Kenya Charter. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: This section provides definitions of terms used in the Charter (for example: "Act", "Alumni Association", "Cabinet Secretary", "Chancellor", "Commission", "Council", "Dean", "Dean of Students", "Deputy Vice-Chancellor", "Faculty", "Graduate", "Institute", "Senate", "Sponsor", "Statutes", "Student", "Student Association", "University", "University Staff", "University Management Board", "University Campus", and "Vice-Chancellor").
Section 2. Interpretation Section In this Charter, unless the context otherwise requires— "Act" means the Universities Act (Cap. 210); "Alumni Association" means the body established under Paragraph 20 of this Charter; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to university education; "Chancellor" means the Chancellor of the University appointed under Paragraph 17 of this Charter; "Commission" means the Commission for University Education established under section 4 of the Act; "Council" means the governing body of the University established under Paragraph 18, of this Charter; "Dean" means a person appointed to head a College, School, Faculty, Academic Unit, Center or Institute of the University; "Dean of Students" means the person appointed to be in charge of the student experience and welfare in accordance with the Statutes; "Deputy Vice-Chancellor" means the Deputy Vice-Chancellor of the University appointed under Paragraph 22 of this Charter; "Faculty" means a division within the University comprising of one subject area, or a number of related subject areas; "Graduate" means a person upon whom a degree of the University has been conferred or to whom a qualification of the University has been awarded; "Institute" means an institute of the University established by the Statutes; "Senate" means the body established under Paragraph 25 of this Charter; "Sponsor" means the Aga Khan Foundation; "Statutes" means Statutes of the University made by the Council under Paragraph 39 of this Charter; "Student" means a person for the time being registered by the University for the purpose of obtaining a qualification of the University; "Student Association" means the body established under paragraph 19 of this Charter; "University" means the Aga Khan University-Kenya established under Paragraph 3 of this Charter; "University Staff" means a member of staff of the University appointed under Paragraph 27 of this Charter; "University Management Board" means the committee established under Paragraph 26 of this Charter; "University Campus" means an extension of a university set up by the University pursuant to its Statutes and established in accordance with Section 20 of the Act; and "Vice-Chancellor" means the Vice-Chancellor of the University appointed under Paragraph 21 of this Charter.
Part II
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY
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ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 10. Establishment of Colleges and Campuses, Schools and Institutes
AI-assisted research summary: The University Council may, on the advice of the Senate, establish Colleges or Campuses to offer training; an established College or Campus must consist of Faculties, Schools, Institutes or Centres as provided by the Statutes.
Section 10. Establishment of Colleges and Campuses, Schools and Institutes Section 10(1) The University Council may, on the advice of the Senate, establish Colleges within the University or Campuses, to offer training and courses of instruction consistent with its mission and objects whose functions and powers shall be as provided for by the Statutes. Section 10(2) A College or Campus which is established shall consist of such Faculties, Schools, Institutes or Centres as may be provided by the Statutes. - 11
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 11. Conferment of Degrees and Grant of Diplomas, Certificates and other Awards
AI-assisted research summary: Section 11(2) states that, subject to the Charter, the University may award fellowships, scholarships, bursaries, prizes and make other awards as provided for in the Statutes.
Section 11. Conferment of Degrees and Grant of Diplomas, Certificates and other Awards Section 11(1)(a) confer Bachelor’s degree, Master’s degree, Doctorate degree and other awards; Section 11(1)(b) grant diplomas, certificates and other academic awards as may be provided for by the Statutes; and Section 11(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. Section 11(2) Subject to this Charter, the University may award fellowships, scholarships, bursaries and prizes and make other awards as may be provided for in the Statutes. - 12
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 12. Convocation
AI-assisted research summary: Establishes a convocation of the University, states its membership is as prescribed by the Statutes, and states that the convocation shall be convened for conferment and granting of awards and for other functions outlined in the Statutes.
Section 12. Convocation Section 12(1) There shall be a convocation of the University which shall consist of such members as prescribed by the Statutes. Section 12(2) The convocation shall be convened for purposes of conferment and granting of awards and for such other functions as may be outlined in the Statutes. - 13
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 13. Withdrawal of Degrees, Diplomas, Certificates and other Awards
AI-assisted research summary: The Council may, subject to the Charter and on the recommendation of the Senate, cancel or withdraw certificates, diplomas, degrees (including honorary degrees) or other awards provided for in the Statutes.
Section 13. Withdrawal of Degrees, Diplomas, Certificates and other Awards Section The Council may, subject to this Charter, and on the recommendation of the Senate, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards as may be provided for in the Statutes. - 3
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 3. Establishment and Incorporation of the Aga Khan University
AI-assisted research summary: Establishes the Aga Khan University-Kenya and lists capacities (e.g., suing and being sued; acquiring and disposing of property; financial transactions; entering contracts) and provides that rights, duties, obligations, assets and liabilities of the prior Aga Khan University shall transfer to and vest in the University.
Section 3. Establishment and Incorporation of the Aga Khan University Section 3(1) There is established a University to be known as the Aga Khan University-Kenya. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) receiving, investing, granting, 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 is the successor of the Aga Khan University constituted under the Universities Act (now Repealed) and issued with a Letter of Interim Authority dated 11th July, 2002 under Gazette Notice No. 4537. Section 3(4) Subject to this Charter, all rights, duties, obligations, assets and liabilities of the Aga Khan University held by or by or on behalf of the Aga Khan University-Kenya, and existing at the commencement of this Charter, shall be automatically and fully transferred to and vest in the University. - 4
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 4. Vision
AI-assisted research summary: The University is an autonomous, international institution of distinction serving the developing world.
Section 4. Vision Section The University is an autonomous, international institution of distinction, primarily serving the developing world in innovative and enduring ways. - 5
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 5. Mission
AI-assisted research summary: The University’s mission is to develop human capacities by discovering, disseminating and applying knowledge through service, and to prepare individuals for leadership and policy-shaping through research and education.
Section 5. Mission Section 5(1) The University is committed to the development of human capacities through the discovery and dissemination of knowledge, and application through service. Section 5(2) It seeks to prepare individuals for constructive and exemplary leadership roles, and shaping public and private policies, through strength in research and excellence in education, all dedicated to providing meaningful contributions to society. - 6
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 6. Philosophy
AI-assisted research summary: The University must operate as a non-profit organization.
Section 6. Philosophy Section 6(1) The University operates on the core principles of quality, relevance, impact and access. Section 6(2) The University is committed to building an environment that fosters intellectual freedom, distinction in scholarship, pluralism, compassion and humanity's collective responsibility for a sustainable physical, social and cultural environment. Section 6(3) The University shall operate as a non-profit organization. - 7
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 7. Core Values
AI-assisted research summary: States a core value: offering programmes of international quality.
Section 7. Core Values Section offering programmes of international quality; - 8
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 8. Objects and Functions of the University
AI-assisted research summary: Section 8 requires that admission be open to all persons accepted as qualified by the Senate, prohibits barriers based on listed distinctions, allows the University to charge fees approved by the Council with Senate advice, and requires the University to operate as a non-profit.
Section 8. Objects and Functions of the University Section 8(2) Admission to the University as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Senate in accordance with this Charter without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, color, creed, physical ability or gender. Section 8(3) No barrier based on any such distinction shall be imposed upon any person as a condition of their becoming, or continuing to be, a professor, lecturer, graduate or student of the University, or of their holding any office therein, nor shall any preference be given to, or advantage withheld from any person on the grounds of any such distinction. Section 8(4) The University shall charge such fees or levy as the Council may, with the advice of the Senate, approve from time to time, for students admitted to the University for defraying expenses connected with their education. Section 8(5) The University shall operate as a non-profit organization. - 9
ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 9. Establishment of Constituent Colleges
AI-assisted research summary: The Cabinet Secretary may, by order published in the Gazette and following the Council's recommendation and the Commission for University Education's advice, establish or declare certain institutions to be Constituent Colleges of the University.
Section 9. Establishment of Constituent Colleges Section The Cabinet Secretary may, on the recommendation of the Council, and on the advice of the Commission for University Education, by order published in the Gazette , establish or declare an institution of learning or higher education or any 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 - 14. Membership
AI-assisted research summary: Text includes the words "Membership" and "the Chancellor".
Section 14. Membership Section the Chancellor; - 15
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. Governance
AI-assisted research summary: Section 15: Governance — Section the Sponsor;
Section 15. Governance Section the Sponsor; - 16
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 16. Sponsor
AI-assisted research summary: The sponsor of Aga Khan University-Kenya is the Aga Khan Foundation; the sponsor has functions including appointing Council members and the Chancellor, raising funds for the University, and promoting the University's objects.
Section 16. Sponsor Section 16(1) The sponsor of the Aga Khan University-Kenya is the Aga Khan Foundation. Section 16(2)(a) appoint members of the Council; Section 16(2)(b) raise funds for the benefit of the University; Section 16(2)(c) promote the objects of the University; and Section 16(2)(d) appoint the Chancellor. - 17
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 17. The Chancellor
AI-assisted research summary: The Chancellor is designated the sole Imam of the Shia Imami Ismaili Muslims, is the titular head of the University, shall confer degrees and awards (in person or via an appointee), may give advice to the Council, and shall enjoy powers and privileges necessary to achieve the University's objectives.
Section 17. The Chancellor Section 17(1) The Chancellor of the University shall be the sole Imam of the Shia Imami Ismaili Muslims, chosen by successional designation in terms of the applicable customary law, as referenced in the Constitution of the Shia Imami Ismaili Muslims. Section 17(2)(a) shall be the titular head of the University. Section 17(2)(b) shall, in the name of the University, in person or his designated appointee, confer, grant or award degrees, diplomas, certificates and other awards of the University; Section 17(2)(c) may from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the University; and Section 17(2)(d) shall enjoy such powers and privileges and perform such other functions as may be necessary and expedient to achieve the objectives of the University. - 18
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 18. The Council
AI-assisted research summary: Section 18 prescribes the composition, appointments, membership terms and governance functions of the University Council, and lists the Council's specific duties and powers.
Section 18. The Council Section 18(1)(a) the Chairperson who shall have at least a master’s degree and who shall be appointed by the Sponsor; Section 18(1)(b) three persons with distinguished qualifications and experience in the field of education appointed by the Sponsor; Section 18(1)(c) two persons of international renown with distinguished qualification and experience in leadership, appointed by the Sponsor; and Section 18(1)(d) the Vice-Chancellor, who shall be the Secretary and an ex officio member of the Council. Section 18(2) Under special circumstances the Sponsor may appoint not more than two additional members, being persons whose skills or experience are necessary for the purposes of the functions of the Council. Section 18(3) The composition of the Council shall ensure that at least a third of the membership are Kenyan citizens by birth. Section 18(4) The members of the Council, except the Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term. Section 18(5) The members of the Council shall appoint from amongst its members or otherwise form such committees as may, in the opinion of the Council, lead to its more efficient and effective functioning. Section 18(6)(a) dies; Section 18(6)(b) not being an ex-officio member, resigns from office by notice in writing addressed to the appointing authority or fails to attend three consecutive meetings of the Council without sufficient cause or leave of absence; and Section 18(6)(c) is removed from office by the Sponsor or the appointing authority upon being satisfied that the member is, by reason of physical or mental infirmity or otherwise, unable to discharge his duties as required. Section 18(7) Where the office of a member of the Council becomes vacant under subparagraph (6), the Vice-Chancellor shall notify the vacancy to the appointing authority. Section 18(8) A vacancy in the office of a member of the Council shall be filled by a person appointed by the Sponsor. Section 18(9)(a) manage, control supervise and administer the assets and resources of the University in such a manner as best promotes the purpose for which the University is established; Section 18(9)(b) determine the provisions to be made for capital and recurrent expenditure and for reserves of the University; Section 18(9)(c) receive any grants, donations or endowments on behalf of the University and make legitimate disbursements therefrom; Section 18(9)(d) enter into association, collaboration or linkages with other bodies or organizations within or outside Kenya as the University may consider desirable or appropriate and in furtherance of the purpose for which the University is established; Section 18(9)(e) open a banking account or accounts for the funds of the University; Section 18(9)(f) employ staff of the University; Section 18(9)(g) approve any proposed amendments to the Charter of the University; Section 18(9)(h) make Statutes for the University under the Charter in accordance with the Act; Section 18(9)(i) promote the objects of the University and to solicit or raise funds either directly or through any other agency or entity established for that purpose, or other friends and supporters of the University and to apply such funds for the purpose and objects of the University; Section 18(9)(j) borrow or raise money for the purposes of the University upon such security and other terms as may be required; Section 18(9)(k) establish, promote, create or participate in the establishment, promotion, creation of a subsidiary, subsidiaries or an affiliated legal entity or entities either directly by itself or through or in partnership with other legal entity or entities in furtherance of the objects and purposes of the University including income generating activities to sustain the operations of the University; Section 18(9)(l) formulate or approve the principles, policies and plans governing the activities and operations of the University so as to ensure that the academic staff enjoy academic freedom in their research and educational work; Section 18(9)(m) prepare or have prepared and revised Statutes, rules and regulations from time to time for the efficient and effective operation of the University; Section 18(9)(n) review and approve the creation of any standing component of the University, such as Faculties, Colleges, Campuses, programmes, Institutes, standing committees and councils and other administrative bodies necessary to assist or improve the working of the University; Section 18(9)(o) approve the plans of work and annual budget of the University submitted by the Vice-Chancellor; Section 18(9)(p) require of, and consider reports submitted by the Vice-Chancellor relating to the activities of the University and the execution of the plans of work and to direct the Vice-Chancellor to submit reports relating to any matters as may be specified by the Council from time to time; Section 18(9)(q) to create such academic or administrative positions as it may consider necessary for the purposes of the University and to approve appointments to such of these positions as it may specify, including the positions of provost, deans, directors, head of the library, professors and associate professors; Section 18(9)(r) undertake responsibility for the financial integrity of the University, including responsibility for ensuring sustainability and effectiveness of its future operations, their continuity and the preservation of the autonomy of the University; Section 18(9)(s) approve all affiliations and other similar arrangements through which institutions or individuals may become associated with the University; Section 18(9)(t) enter into agreements, contracts, collaborations, understandings and arrangements with governments, organizations, institutions, bodies, individuals and other persons for the purpose of carrying out its functions and activities. Section 18(9)(u) take all such initiatives, as it may consider necessary or desirable for the efficient or effective management and functioning of the University; and Section 18(9)(v) perform such other functions as may be assigned or delegated to it by the Sponsor. Section 18(10) The Council shall regulate its own rules of procedure and may amend or modify them from time to time provided that such rules of procedure are consistent with the provisions of the Act, the Universities Regulations and this Charter and provided further that where any such rules of procedure are in conflict with or inconsistent with the provisions of the Act, the Universities Regulations and this Charter, such rules of procedure shall be invalid and ineffective to the extent of the inconsistency. Section 18(11) The Council shall meet at least four times in a year for regular or scheduled meetings and may meet at any other time at which a special meeting thereof may be called by the Chairperson or requisitioned in writing by not less than one third of the Council members, a fraction being counted as one. Section 18(12) Not less than ten clear days’ notice of a special meeting shall be given to the members of the Council and the agenda of the meeting shall be restricted to the matters specified in the agenda to be annexed to such notice. Section 18(13) The quorum for a meeting of the Council shall be one-half of its members, a fraction being counted as one. Section 18(14) The decisions of the Council shall be by a simple majority of the members present and voting and, the Chairperson or person presiding shall, in the event of equality of votes, have a casting vote. Section 18(15) Meetings may be held in person or through electronic means including audio, video-conferences or through circulation of written resolutions at the discretion of the Council. Written resolutions may be in two or more counter parts, which together and signed by the minimum number of Council members prescribed in the relevant resolution will be deemed to constitute a resolution of the Council. Such a written resolution of the Council will be filed with minutes of the proceedings of the Council and will be deemed to be passed on the date stated therein or, in the absence of such a date being stated, on the latest date stated on any of the relevant counterpart. - 19
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 19. The Students’ Association
AI-assisted research summary: Establishes a Student Association of the University comprising all students and lists functions in clause (2) including overseeing and planning student activities, drawing attention to students' special needs, and undertaking other governance-provided functions.
Section 19. The Students’ Association Section 19(1) There shall be a Student Association of the University, which comprises all the students of the University. Section 19(2)(a) overseeing and planning, in consultation with the Senate and the University Management Board, students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being; Section 19(2)(b) drawing the attention of the appropriate authorities, where necessary, to the special needs of the students; Section 19(2)(c) undertaking such other functions as provided in its governance instruments approved by the Senate; and Section 19(2)(d) undertaking such other functions as provided in its governance instrument as approved by the University Council. - 20
MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 20. The Alumni Association
AI-assisted research summary: The University may establish an Alumni Association; the Association shall consist of the University's graduates and others the Council declares members; the constitution must be approved by the Council.
Section 20. The Alumni Association Section 20(1) The University may establish an Alumni Association as provided for in the Act, which shall consist of the graduates of the University, beginning with the first graduation, and such other persons as may be declared to be members by the Council. Section 20(2) The objectives and the governance of the Alumni Association shall be guided by a constitution drawn up by the group of individuals who are the alumni of the University on the date of this Charter. Section 20(3) The constitution of the Alumni Association shall be approved by the Council and shall not be inconsistent with this Charter.
Part IV
MANAGEMENT OF THE UNIVERSITY
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MANAGEMENT OF THE UNIVERSITY - 21. The Vice-Chancellor
AI-assisted research summary: Sets the qualifications, duties, powers to delegate, and reporting relationships of the Vice-Chancellor of the University.
Section 21. The Vice-Chancellor Section 21(1) The Vice-Chancellor shall be appointed upon such terms and conditions of service as the Council shall determine. Section 21(2) The Vice-Chancellor shall be required to be the holder of a Doctor of Philosophy degree and shall be the Chief Executive Officer of the University. Section 21(3)(a) be the academic and administrative head of the University; Section 21(3)(b) have the overall responsibility for the direction, organization, administration and programmes of the University; and Section 21(3)(c) have such responsibilities and duties as may be provided for in the Charter. Section 21(4)(a) submit the plans of work and budget estimates of the University for the approval of the Council; Section 21(4)(b) direct the activities connected with the execution of programmes for instruction, training, research, demonstration, and service and authorize expenditure provided for in the budget as approved by the Council; Section 21(4)(c) appoint, with the approval of the Council where necessary, members of the academic and administrative staff of the University and such other personnel as may be necessary in accordance with policies and procedures approved by the Council so as to ensure the highest intellectual and moral qualities and appropriate qualifications in the persons appointed; Section 21(4)(d) submit to the Council, in accordance with the rules of procedure framed by it, report on the activities of the University and the execution of the plans of work; Section 21(4)(e) prepare and revise from time to time rules and regulations for the efficient and effective operation of the University; Section 21(4)(f) provide the necessary services to the Council; and Section 21(4)(g) act for and on behalf of the University as required and necessary. Section 21(5) The Vice-Chancellor may, subject to the approval of the Council, assign or delegate such of his powers and functions under the Charter to such persons as the Vice- Chancellor may determine. Every such person shall report, and be responsible, to the Vice-Chancellor, who shall be responsible to the Council. Section 21(6) The Vice-Chancellor shall perform such other functions as may be assigned or delegated to the Vice-Chancellor by the Council from time to time. - 22
MANAGEMENT OF THE UNIVERSITY - 22. The Deputy Vice-Chancellors
AI-assisted research summary: Section 22 establishes the Deputy Vice-Chancellor role: the University must have one or more Deputy Vice-Chancellors; the Council appoints them and determines terms; Deputy Vice-Chancellors must support the Vice-Chancellor and perform other delegated functions.
Section 22. The Deputy Vice-Chancellors Section 22(1) The University shall have one or more Deputy Vice-Chancellor as the Council deems fit. Section 22(2) The Deputy Vice-Chancellor shall be appointed by the Council upon such terms and conditions as the Council shall determine. Section 22(3) The Deputy Vice-Chancellor of the University shall support and assist the Vice- Chancellor on matters of the University. Section 22(4) The Deputy Vice-Chancellor shall perform such other academic and administrative functions as assigned or delegated to the Deputy Vice-Chancellor by the Vice-Chancellor from time to time. - 23
MANAGEMENT OF THE UNIVERSITY - 23. Principals of Constituent Colleges
AI-assisted research summary: Council must appoint the Principal of a Constituent College via a competitive recruitment process; the Principal is the academic and administrative head, holds office on terms set by the Statutes, and is eligible for re-appointment for one further term.
Section 23. Principals of Constituent Colleges Section 23(1) The Principal of a Constituent College shall be appointed by the Council through a competitive recruitment process and shall be the academic and administrative head of the Constituent College. Section 23(2) The Principal shall hold office upon such terms and for such period as may be provided for by the Statutes and upon expiration of that period shall be eligible for re- appointment for one further term. - 24
MANAGEMENT OF THE UNIVERSITY - 24. The Principals of Colleges of the University
AI-assisted research summary: The Council must appoint a Principal for each College and Campus through a competitive recruitment process; the Principal must be the academic and administrative head and shall hold office on terms and period provided by the Statutes; the Principal is under the general authority of the Vice-Chancellor.
Section 24. The Principals of Colleges of the University Section 24(1) The Council shall, for each College and Campus of the University, appoint a Principal through a competitive recruitment process who shall be the academic and administrative head of the College and shall, under the general authority of the Vice- Chancellor, have such other powers and duties as may be provided for by the Statutes. Section 24(2) The Principal shall hold office upon such terms and for such period as may be provided for by the Statutes. - 25
MANAGEMENT OF THE UNIVERSITY - 25. The Senate
AI-assisted research summary: Section 25 establishes the Senate: its membership, that the Deputy Vice-Chancellor (Academic and Students Affairs) is Secretary, and a set of duties and functions (setting standards, making and implementing academic policies, selecting and admitting students, cancelling awards, and the detailed academic functions listed in subsection (7)).
Section 25. The Senate Section 25(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 25(1)(b) the Deputy Vice-Chancellors; Section 25(1)(c) the Principals of each Constituent College of the University; Section 25(1)(d) the Principals of each College and Campus of the University; Section 25(1)(e) the Deans of Schools, Associate Deans, Directors of Institutes, Centres and other academic units; Section 25(1)(f) the Registrars Section 25(1)(g) the Heads of Departments; Section 25(1)(h) two members elected by the Academic Board or equivalent body of each Constituent College from among the members of such board or body; Section 25(1)(i) the Professors of the University Section 25(1)(j) the University Librarian; Section 25(1)(k) one representative of each of the School Boards appointed by the respective boards from amongst its members; Section 25(1)(l) the Dean of Students; Section 25(1)(m) the Directors of the respective directorates established in the University; Section 25(1)(n) subject to the Statutes, 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; and Section 25(1)(o) such other member as the Council may determine in accordance with the Statutes. Section 25(2) The Deputy Vice-Chancellor (Academic and Students Affairs) shall be the Secretary. Section 25(3) The Senate shall set admission and graduation standards and requirements. Section 25(4) The Senate shall initiate and implement academic policies of the University that have previously been approved by the Council and shall perform such academic functions as are prescribed by the Council from time to time. Section 25(5) The Senate shall select, examine and admit students. Section 25(6) The Senate shall cancel or withdraw degrees, certificates, achievement designations, and other academic distinctions as may be provided when deemed necessary. Section 25(7)(a) satisfying itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University; Section 25(7)(b) proposing Statutes to be made by the Council regarding the eligibility of persons for admission to degree, diploma and certificate programmes; Section 25(7)(c) proposing Statutes to be made by the Council regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificates or other awards of the University; Section 25(7)(d) deciding which persons have attained prescribed standards of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other awards of the University; Section 25(7)(e) initiating proposals relating to the conduct of the University’s academic programmes or affairs generally and to make representations thereon to the Council; Section 25(7)(f) recommending to the Council the establishment, or abolition or harmonization of Faculties, Schools, Institutes, Units, Departments, and Centres as the Senate may from time to time deem necessary; Section 25(7)(g) subject to the Act, making recommendations to the Council for the establishment or abolition, supervision, degree and other academic programmes and their titles in the University; Section 25(7)(h) setting the dates of the academic year and determining the schedule of academic programmes within the academic year; Section 25(7)(i) approving all syllabi of the University; Section 25(7)(j) making regulations governing methods of assessing and examining the academic performance of students; Section 25(7)(k) evaluating academic records of both undergraduate and postgraduate candidates for the purpose of admission into the University; Section 25(7)(l) regulating the conduct of examinations; Section 25(7)(m) appointing internal and external examiners and recommending to the Council the terms and conditions for their appointment; Section 25(7)(n) approving the examination results; Section 25(7)(o) subject to the Act, approving the award of degrees including the award of honorary degrees and other academic distinctions; Section 25(7)(p) determining which qualifications or credits from other Universities or institutions shall be acceptable as equivalent to particular qualifications of the University; Section 25(7)(q) determining the procedure to be followed in the conferment of the degrees and other awards; Section 25(7)(r) determining the design of academic dress and prescribing its use; Section 25(7)(s) evaluating research, teaching, staffing and general work of a body or section of the University and if it so wishes to report and making recommendations thereon to the Council; Section 25(7)(t) promoting and administering the extra-mural, external and extension work of the University; Section 25(7)(u) promoting research and innovation work in the University; Section 25(7)(v) promoting co-operation and linkages with other institutions of higher learning and industry; Section 25(7)(w) making regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards; Section 25(7)(x) developing, implementing and promoting quality assurance systems and structures in all University operations; Section 25(7)(y) promoting the welfare of students and staff in the University; Section 25(7)(z) discontinuing a student from a programme of study on academic grounds; Section 25(7)(z)(aa) discontinuing a student from a programme of study on academic grounds; Section 25(7)(z)(bb) receiving proposals from various Boards and Faculties, Institutes, Schools, Centers and considering their recommendations and making appropriate decision; Section 25(7)(z)(cc) recommending to the Council appropriate criteria for appointment and promotion of academic staff of the university; Section 25(7)(z)(dd) reviewing the Statutes from time to time and to present recommendations thereon to the Council provided that all Statutes shall be reviewed at least once every five years; and Section 25(7)(z)(ee) 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. - 26
MANAGEMENT OF THE UNIVERSITY - 26. The University Management Board
AI-assisted research summary: Establishes a University Management Board and requires it to assist the Vice-Chancellor with day-to-day management and policy implementation, and to undertake other functions set out in the Charter.
Section 26. The University Management Board Section 26(1) There shall be a University Management Board which shall assist the Vice-Chancellor with the day-to-day management operations of the University and implementation of the policies of the University and further undertake such other functions as shall be set out in this Charter. Section 26(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 26(2)(b) the Deputy Vice-Chancellors; Section 26(2)(c) the Registrar; Section 26(2)(d) the Chief Financial Officer; Section 26(2)(e) the Chief Legal Officer; and Section 26(2)(f) the Quality Assurance Officer. - 27
MANAGEMENT OF THE UNIVERSITY - 27. The Staff of the University
AI-assisted research summary: Section 27 lists categories of university staff (senior officers, academic, administrative, technical, and support staff) and gives the Council power to delegate appointment powers.
Section 27. The Staff of the University Section 27(1)(a) the Vice Chancellor; Section 27(1)(b) the Deputy Vice-Chancellors; Section 27(1)(c) the Principals of Colleges within the University; Section 27(1)(d) the University Professors; Section 27(1)(e) the University Librarian; and Section 27(1)(f) all members of staff who are engaged in teaching, research or extension in the University. Section 27(2)(a) the Council; Section 27(2)(b) the Vice-Chancellor; Section 27(2)(c) the Deputy Vice-Chancellors; Section 27(2)(d) the Principals of Colleges within the University; Section 27(2)(e) the Deans of Faculties and Schools, Directors of Centers and Institutes of the University; Section 27(2)(f) the University Librarian; Section 27(2)(g) the Chairpersons of departments; Section 27(2)(h) the Registrars; Section 27(2)(i) the Finance Officer of the University; and Section 27(2)(j) such other members of the staff as the Council may from time to time determine. Section 27(3) The administrative staff of the University shall consist of such members of staff engaged in general administration as the Council may, from time to time determine Section 27(4) The technical staff of the University shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environment in the teaching department under the general direction of the heads of the teaching departments, and as Council may, from time to time determine. Section 27(5) The support staff of the University shall consist of those staff engaged in general duties and as the Council may, from time to time determine. Section 27(6)(a) in the manner and upon the terms and conditions of the services prescribed by the Statutes; or Section 27(6)(b) in the case of a person seconded to the services of the University from the services of another institution, the government or any other institution, on terms and condition agreed upon with the Council. Section 27(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. - 28
MANAGEMENT OF THE UNIVERSITY - 28. Performance of duties during the incapacity of an Office Holder
AI-assisted research summary: If the Vice-Chancellor is incapacitated the Council must appoint (1) a Deputy Vice-Chancellor, (2) if necessary a Principal of a College, or (3) if necessary a professor, each to perform the Vice-Chancellor's functions for up to 180 calendar days; at expiry the position falls vacant and filling proceeds under the Act/Statutes/regulations. "Incapacity" is defined.
Section 28. Performance of duties during the incapacity of an Office Holder Section 28(1) In the event of the incapacity of the Vice-Chancellor, the Council shall appoint one of the Deputy Vice-Chancellors to carry out the functions of the office of the Vice-Chancellor during the period of incapacity for a maximum of one hundred and eighty calendar days. Section 28(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council shall appoint one of the Principals of Colleges within the University to perform the functions of the office of the Vice-Chancellor during the incapacity for a maximum of one hundred and eighty calendar days. Section 28(3) In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellors, and the Principals of Colleges within the University, the University Council shall appoint a member of the academic staff at the level of a professor to perform the functions of the office of the Vice-Chancellor during the incapacity for a maximum of one hundred and eighty calendar days. Section 28(4) In this section, "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concerned or as may be provided for in the Statutes and whereupon at expiry of the above prescribed period, the position shall fall vacant and the process of filling up the position as provided for in the Act, Statutes, and or regulations shall commerce.
Part V
FINANCIAL PROVISIONS
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FINANCIAL PROVISIONS - 29. Financial Year
AI-assisted research summary: The University must have a financial year that is a consecutive period of twelve months, normally from 1 January to 31 December each year, unless the Council determines another consecutive twelve-month period.
Section 29. Financial Year Section The financial year of the University shall be a consecutive period of twelve months commencing on the 1st day of January and ending on the 31st day of December each year or such other consecutive period of twelve months as the Council may determine from time to time. - 30
FINANCIAL PROVISIONS - 30. University Fund and Resources
AI-assisted research summary: The University must have a Fund whose resources come from tuition, fees, donations, grants, income from auxiliary activities and other sources, and the Fund is under the control of the Council.
Section 30. University Fund and Resources Section 30(1) The University shall have a Fund and whose resources may be derived from tuition and other fees, donations, gifts, trusts, bequests, endowments, grants, contributions, income from auxiliary activities such as consultancy, fees for services rendered and any other sources and which shall be under the control of the Council. Section 30(2) Capital and recurrent expenditure of the University shall be met from the Fund and out of the contribution made by the Aga Khan Foundation and any other sources, including other foundations, universities and individuals as may be approved by the Council from time to time, and from the income derived therefrom. Section 30(3) No contribution, donation or grant which may directly or indirectly involve any immediate or subsequent financial liability for the University, or which may involve an activity not included in its programmes for the time being, shall be accepted without the prior approval of the Council. - 31
FINANCIAL PROVISIONS - 31. Investment of Funds
AI-assisted research summary: The Council may invest the University's funds in various securities (including treasury bonds and trust funds) subject to Sponsor approval, and may deposit monies not immediately required with banks it determines.
Section 31. Investment of Funds Section 31(1) The Council may invest any of the funds of the University in securities, treasury bonds, trust funds or in such other securities as the Sponsor may approve. Section 31(2) The Council may place on deposit with such banks as it may determine, any monies not immediately required for the purposes of the University. - 32
FINANCIAL PROVISIONS - 32. Annual Estimates
AI-assisted research summary: Before a fiscal year begins, the Council must ensure estimates of the University's revenue and expenditure are prepared for that year.
Section 32. Annual Estimates Section 32(1) Before the commencement of a fiscal year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University for that year. Section 32(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 32(2)(b) for the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University; Section 32(2)(c) for the proper maintenance of the buildings and grounds of the University; Section 32(2)(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University; Section 32(2)(e) for the funding of the cost of teaching, research and outreach activities of the University; Section 32(2)(f) for development purposes; and Section 32(2)(g) for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit. - 33
FINANCIAL PROVISIONS - 33. Accounts and Audit
AI-assisted research summary: Accounts must be maintained and audited annually; the University must operate on a non-profit basis and may not distribute surplus except to collaborators; accounts and auditor’s report must be submitted to Council and made available to the Commission; auditor must certify compliance with ICAK standards.
Section 33. Accounts and Audit Section 33(1) The accounts of the University shall be maintained in such form and manner as may be determined by the Council and shall be audited each year within four months of the closing of the financial year of the University by a Certified Public Accountant appointed by the Council. Section 33(2) The University shall be operated on a non-profit basis. Any surplus made by it shall accrue to the University and shall be used to promote the objects of the University and to sustain its academic and service programmes. The University shall not distribute its surplus or any part thereof to any person or a legal entity other than those collaborating with the University in furtherance of its objectives. Section 33(3) The accounts, together with the report of the auditor thereon, shall be submitted annually to the Council for approval and availed to the Commission whenever required. Section 33(4) The auditor’s report shall certify that the auditor has complied with the standards of audit and certification laid down by the Institute of Certified Public Accountants of Kenya.
Part VI
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 34. Instruments of Governance
AI-assisted research summary: The University must conspicuously display all its instruments of governance, and when an instrument is revoked it must return the original instrument to the Commission within fourteen days subject to the Charter.
Section 34. Instruments of Governance Section 34(1) The University shall conspicuously display all its instruments of governance. Section 34(2) Where any instrument is revoked under this Charter, the University shall, within fourteen days of such revocation, return the original instrument of governance to the Commission subject to the provisions of this Charter. - 35
MISCELLANEOUS PROVISIONS - 35. Instruments of Authority
AI-assisted research summary: The University must possess the University Mace, the Common Seal for signification of documents, and the University Logo.
Section 35. Instruments of Authority Section Subject to this Charter, the University shall possess the University Mace, the Common Seal for signification of documents and the University Logo as its instruments of Authority. - 36
MISCELLANEOUS PROVISIONS - 36. The Common Seal
AI-assisted research summary: The provision governs custody, authentication, publicity, and authorized use of the University Common Seal and requires authentication by the Vice-Chancellor or other person authorized by the Council; use by external persons or bodies is prohibited except with Council consent.
Section 36. The Common Seal Section 36(1) The Common Seal of the University shall be kept in such custody and used only as the Council shall direct and may be affixed, as and when required under the applicable law, to legal documents and instruments or as determined by the Council. A document or an instrument duly sealed and purporting to be signed by the duly authorized officers of the University shall be binding and considered as properly executed by the University. Section 36(2) The Common Seal of the University shall be authenticated by the signatures of the Vice-Chancellor and or other person duly authorized by the Council. Section 36(3) The Common Seal of the University when affixed to any document and duly authenticated shall be judicially noticed, and unless and until the contrary is proved, any order or authorization of the Council under this section shall be presumed to have been duly given. Section 36(4) All documents other than those required by law to be under Seal, made on behalf of the Council and all decisions of the Council shall be under the hand of the Chairperson, the Vice-Chancellor or the respective Deputy Vice-Chancellor or any other member of the Council duly authorized by the Council on its behalf. Section 36(5) No person, body, authority and or organization performing any function related to administration, registration of companies, business, trade, advertisement, calling, profession, shall use the Common Seal and Logo of the Aga Khan University-Kenya except with the consent of the Council and or authorized representative of the Council. - 37
MISCELLANEOUS PROVISIONS - 37. Indemnity and Bar of Jurisdiction
AI-assisted research summary: Members, officers, employees, agents of the University (and persons acting under their directions) are not personally liable for acts done bona fide in execution of the university's functions, powers or duties.
Section 37. Indemnity and Bar of Jurisdiction Section No matter or thing done by a member of the University or any officer, employee or agent of University shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the university, render the member, officer, employee or agent or any person acting under the directions personally liable to any action, claim or demand whatsoever. - 38
MISCELLANEOUS PROVISIONS - 38. Interpretations and Amendment of the Charter
AI-assisted research summary: Amendments to the Charter require a two-thirds majority vote of the Council and prior approval of the Chancellor and the Sponsor, and must not be inconsistent with the Charter.
Section 38. Interpretations and Amendment of the Charter Section 38(1) The Charter shall be valid and effectual in law according to its true intent and meaning and shall be construed, subject to the provisions of the Act and applicable regulations, in the best interest of the University to ensure effective promotion and implementation of its objectives, and optimal utilization of its resources in accordance with the provisions of this Charter. Section 38(2) Any proposed amendment of this Charter shall be made by a two-thirds majority vote of the Council and such proposed amendment shall have prior approval of the Chancellor and the Sponsor provided that no such proposed amendment shall be inconsistent with the provisions of the Charter. - 39
MISCELLANEOUS PROVISIONS - 39. Statutes
AI-assisted research summary: The Council of Aga Khan University has the power to make Statutes for the University under the Charter and in accordance with the Act.
Section 39. Statutes Section 39(1)(a) establishment of Colleges, Faculties, Schools, Institutes and Centers of the University; Section 39(1)(b) description of degrees, diplomas, certificates and other academic qualifications; Section 39(1)(c) requirement for conferment of degrees, diplomas, certificates and other academic qualifications; Section 39(1)(d) conduct of examinations; Section 39(1)(e) determination and collection of fees and other charges; Section 39(1)(f) prescription of rules and regulations for the conduct and organization of student affairs; Section 39(1)(g) setting the terms and conditions of service, including the appointment, dismissal & recommendation of retirement benefits of the members of the staff of the university; Section 39(1)(h) constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and Section 39(1)(i) providing for or prescribing anything, which, under this Charter may be provided for or prescribed by Statutes. Section 39(2) The Council of Aga Khan University shall have the powers to make Statutes for the University under this Charter in accordance to the provisions of the Act. - 40
MISCELLANEOUS PROVISIONS - 40. Convocation
AI-assisted research summary: The University has a Convocation made up of members prescribed by the Statutes, and the convocation must be convened to confer awards and perform other functions outlined in the Statutes.
Section 40. Convocation Section 40(1) There shall be Convocation of the University which shall consist of such members as prescribed by the Statutes. Section 40(2) The convocation shall be convened for purposes of conferment of awards and for such other functions as may be outlined in the Statutes. - 41
MISCELLANEOUS PROVISIONS - 41. Variation or Revocation
AI-assisted research summary: The Charter of the University may be varied or revoked as provided for in the Act.
Section 41. Variation or Revocation Section The Charter of the University may be varied or revoked as provided for in the Act. - 42
MISCELLANEOUS PROVISIONS - 42. Protection of University Name
AI-assisted research summary: Public officers who handle registration of companies or business names must not accept for registration any name that includes "The Aga Khan" together with "University", "College", "Institute" or "Centre"; use in certain contexts requires the University Council's consent.
Section 42. Protection of University Name Section 42(1) Despite the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names is to accept for the registration any name that includes the word "The Aga Khan" together with the word "University", "College", "Institute" or "Centre". Section 42(2)(a) advertisement; Section 42(2)(b) publication; Section 42(2)(c) business; Section 42(2)(d) trade; or Section 42(2)(e) profession, without the consent of the University Council. - 43
MISCELLANEOUS PROVISIONS - 43. Transitional
AI-assisted research summary: Transitional provisions preserving existing Council, specified officers, staff appointments and student status for defined transitional periods and deeming.
Section 43. Transitional Section 43(1) The University Council in place at the time of grant of this Charter, shall continue to be in place for a period of six months after which appointment shall be done in accordance with this Charter. Section 43(2) The University Council in place at the time of grant of this Charter may make Statutes for the University under this Charter and the Statutes so made shall be deemed to be made under this Charter. Section 43(3) The persons occupying the offices of the Vice-Chancellor and the Deputy Vice- Chancellors of the Aga Khan University-Kenya at the time of grant of this Charter, shall continue to discharge their responsibilities and exercise such powers as set out in the Act and this Charter with respect to the University for a period of six months after which appointment shall be done in accordance with this Charter. Section 43(4) All persons who were members of staff of Aga Khan University shall be deemed to have been appointed under this Charter on the same Terms and Conditions of Service. Section 43(5) All the students of the Aga Khan University-Kenya, Kenya who were pursuing degree, diploma, certificate, and post degree programmes as at the commencement date of this Charter, shall be deemed to be students of the University and shall complete their courses and be awarded degrees, diploma, certificate, and post degree programmes certificate, as the case may be, of the University. Section 43(6) For the purposes of this paragraph "the Aga Khan University-Kenya" means the University operating under a Letter of Interim Authority issued on the 11th July, 2002. - 44
MISCELLANEOUS PROVISIONS - 44. Dissolution
AI-assisted research summary: The University may be wound up (under law or by the Sponsor with Commission approval); liquidation is to be performed by a liquidator appointed by the Council with the Sponsor's prior written approval; the Sponsor (or entity it determines) distributes net assets after debts and liabilities are satisfied.
Section 44. Dissolution Section The University may be wound-up as provided for under the applicable law, or upon the initiative of the Sponsor and subject to the approval of the Commission. Liquidation of the University shall be performed by a liquidator appointed by the Council with the prior written approval of the Sponsor. Upon dissolution or winding-up of the University, the net assets of the University shall, after satisfaction of all its debts and liabilities, be distributed by the Sponsor, or such other entity or entities, as may be determined by the Sponsor.
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