The Africa International University Charter

Section 1. Short title Section This Charter may be cited as the Africa International University 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" m...

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.

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.

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.

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);

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 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;

Section 9. Membership Section the Chancellor:

Section 10. Governance Section the Board of Trustees;

Section 11. Board of Trustees Section safeguard and uphold the vision of the University;

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 cons...

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...

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;

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 qual...

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.

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;

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.

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 infirmi...

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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) prescri...

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.

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).

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.