The Bomet University College Order

Section 1. Citation Section This Order may be cited as the Bomet University College Order.

Section 2. Interpretation Section In this Order, unless the context otherwise requires— “Academic Board” means the Academic Board of the University College established under paragraph 13; “Act” means the Universities Act (Cap. 210); “alumni association” means the alumni association of the University College established under paragraph 16; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to higher education; “Chancellor” means the Chancellor of Moi University, Eldoret; "Council” means the Council of the University College established under paragraph 11; “Deputy Principal” means the Deputy Principal appointed by the Council of the University College under paragraph 9; “faculty” means a faculty of the University College established under the Statutes; “financial year” means the financial year of the University College as provided for under paragraph 19; “graduate” means a person upon whom a degree has been conferred in accordance with section 5; “incapacity” means inability to perform functions of the office concerned; “institute” means an institute of the University College established under the Statutes; “lecturer” means a member of...

Section 3. Establishment of the University College Section 3(1) There is established a university college to be known as the Bomet University College which shall be a constituent college of the Moi University, Eldoret. 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, 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 Order which may be done by a body corporate.

Section 4. Functions and Objects of the University College Section 4(1)(a) provide directly, or in collaboration with other institutions of higher learning, facilities for university education (including technological, scientific and professional education), integration of teaching, research and effective application of knowledge and skills to the life, work and welfare of the citizens of Kenya; Section 4(1)(b) participate in the discovery, transmission and preservation and enhancement of knowledge and to stimulate the intellectual participation of students in the economic, social, cultural, scientific and technological development of Kenya; Section 4(1)(c) provide and advance university education and training to appropriately qualified candidates, leading to the conferment of degrees and award of diplomas and certificates and such other qualifications as the Council and the Senate shall from time to time determine and in so doing, contribute to manpower needs; Section 4(1)(d) conduct examinations for such academic awards as may be provided in the statutes pertaining to the University College; Section 4(1)(e) examine and make proposals for new faculties, schools, institutes, depart...

Section 5. Conferment of Degrees and Award of Certificates and Diplomas Section 5(1) The degrees and postgraduate diplomas to be awarded by the University College shall be the degrees and postgraduate diplomas conferred by the Moi University, Eldoret. Section 5(2) Notwithstanding subparagraph (1), the University College shall have powers to grant diplomas, certificates, or other academic qualifications which may, for the time being, be authorized by the Statutes of the University College.

Section 6. Award of Scholarships, Bursaries and other Awards Section Subject to this Order, the University College may award scholarships, bursaries and prizes and make other awards which may be provided for by the Statutes.

Section 7. Membership of the University College Section the Chancellor of the Moi University, Eldoret;

Section 8. The Principal Section 8(1) There shall be a Principal of the University College who shall be appointed through a competitive process in accordance with section 35 (1)(a)(v) of the Act. Section 8(2)(a) be the academic and administrative head of the University College; Section 8(2)(b) have overall responsibility of the direction, organization, administration and programmes of the University College; and Section 8(2)(c) have such powers and duties as may be provided by the Statutes. Section 8(3) The Principal shall hold office upon such terms of five years and shall be eligible for re-appointment for a further term of five years. Section 8(4) Notwithstanding subparagraph (1), the Cabinet Secretary may appoint the first Principal of the University College in an acting capacity for a period of six months on the recommendation of the Council of the Moi University, Eldoret, after which the appointment process shall be conducted in accordance with subparagraph (1).

Section 9. The Deputy Principal Section 9(1) There shall be a Deputy Principal of the University College who shall be appointed through a competitive process in accordance with Section 35 (1)(a)(v) of the Act. Section 9(2) The Deputy Principal shall hold office for a term of five years and shall be eligible for further term of five years.

Section 10. Deans, Directors and Chairpersons of Departments Section 10(1) The Council shall, after a competitive process, appoint for each faculty, school, institute, centre, or a department, a Dean, Director, or a Chairperson who shall be the academic and administrative head of the faculty, school, institute, centre, or department and shall, under the general direction of the Principal, have such powers and duties as may be provided by Statutes. Section 10(2) A person appointed as Dean, Director or Chairperson shall hold office upon such terms and for such period as may be provided by the Statutes and shall, upon the expiration of that period, be eligible for reappointment for one further term.

Section 11. The Council Section 11(1) There shall be a Council of the University College which shall be appointed by the Cabinet Secretary in accordance with section 36 of the Act. Section 11(2) The Principal shall be the secretary to the Council. Section 11(3) Subject to subparagraph (4), a member of the Council other than an ex officio member shall hold office for a period of three years but shall be eligible for reappointment for one further term. Section 11(4)(a) if, not being an ex officio member, the member resigns from office in writing addressed to the Principal; Section 11(4)(b) if the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the functions of the office; and Section 11(4)(c) upon death of the member. Section 11(5) Where the office of a member of the Council becomes vacant, the Principal shall forthwith notify the vacancy to the appointing authority. Section 11(6) The Procedure, conduct and regulation of the affairs of the Council shall be in accordance with the Order and the Statues. Section 11(7) The Council shall exercise prudent leadership, innovative enterprise, and good judgment in directing the University...

Section 12. Functions of the Council Section 12(1)(a) shall administer the property and funds of the University College in a manner and for the purposes which shall promote the interest of the University College; but the Council shall not charge or dispose of immovable property of the University College except in accordance with the procedures laid down by the Government of Kenya; Section 12(1)(b) shall receive, on behalf of the University College, donations, endowments, gifts, grants or other moneys and make disbursements therefrom to the University College or other bodies or persons; Section 12(1)(c) shall approve the appointment criteria and the terms and conditions of service of staff; Section 12(1)(d) shall provide for the welfare of the staff and students of the University College; Section 12(1)(e) may enter into association with other universities, university colleges or other institutions of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate; and Section 12(1)(f) may, after consultation with the Academic Board, make regulations governing the conduct and discipline of the students of the University College. Section 12(2) All docume...

Section 13. The Academic Board Section 13(1)(a) the Principal, who shall be the Chairperson; Section 13(1)(b) the Deputy Principals; Section 13(1)(c) the Deans of the Schools, and Directors of Institutes and Centres; Section 13(1)(d) the heads of the teaching departments of the University College; Section 13(1)(e) the Registrar in charge of academic affairs; Section 13(1)(f) the Librarian; Section 13(1)(g) the Dean of students; Section 13(1)(h) the Director of ICT services; Section 13(1)(i) one representative of each of the faculty or school boards appointed by the respective boards from among its members; and Section 13(1)(j) two members elected by the students' organization, who shall not be entitled to attend deliberations of the Academic Board on matters which are considered by the Chairperson of the Academic Board to be confidential and which relate to examinations, the general discipline of students, and other related matters. Section 13(2) The Deputy Principal for the time being in-charge of academics shall be the Secretary to the Academic Board. Section 13(3)(a) to satisfy itself regarding the content and academic standard of any course of study in respect of any degree dip...

Section 14. Management Board Section 14(1)(a) the Principal, who shall be the Chairperson; Section 14(1)(b) the Deputy Principal for the time being in charge of finance and administration, who shall be the Secretary; Section 14(1)(c) the Deputy Principals; Section 14(1)(d) the Registrars; Section 14(1)(e) the Finance Officer; and Section 14(1)(f) such other member of senior management as the Council may determine. Section 14(2)(a) the efficient management of the human, resources, programmes, facilities and finances of the University College; Section 14(2)(b) planning for the development and needs of the University College; Section 14(2)(c) developing strategies for the generation of revenue to secure adequate financial support for the University College; Section 14(2)(d) making proposals to the Council and the Academic Board on policies that have University-wide application; Section 14(2)(e) the coordination of the University College strategic and development plans; and Section 14(2)(f) any other matters related to the management of the University College.

Section 15. Students' Association Section There shall be a students' Association which shall be established in accordance with the Statues.

Section 16. Alumni Association Section 16(1) There shall be an Alumni Association of the University College which shall consist of graduates of the University College and such other persons as may be prescribed by the Statutes. Section 16(2)(a) to bring together graduates and former students of the University College; Section 16(2)(b) to engage in fundraising activities to assist the University College; and Section 16(2)(c) to promote the welfare and image of the University College.

Section 17. Staff of the University college Section 17(1)(a) the Principal; Section 17(1)(b) the Deputy Principals; Section 17(1)(c) Deans and Directors; Section 17(1)(d) Chairpersons of Departments; Section 17(1)(e) the Librarian; and Section 17(1)(f) all members of staff who are engaged in teaching, research and outreach. Section 17(2)(a) the Principal; Section 17(2)(b) the Deputy Principals; Section 17(2)(c) the Registrars; Section 17(2)(d) the Chairpersons of Departments; Section 17(2)(e) the Finance Officer; Section 17(2)(f) the Deans; Section 17(2)(g) the Directors; and Section 17(2)(h) such other members of staff, not engaged in teaching or research, as the Council may from time to time determine. Section 17(3) The technical staff of the University College shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, and as the Council may from time to time determine. Section 17(4) The support staff of the University College shall consist of those staff engaged in general duties and as the Council may from time to time determine. Sect...

Section 18. Performance of Functions in the Event of Incapacity of an Office Holder Section 18(1) In the event of the incapacity of the Principal, the Council may appoint one of the Deputy Principals to carry out the functions of the Principal for a period of up to three months. Section 18(2) In the event of the simultaneous incapacity of the Principal and the Deputy Principals, the Chairperson of the Council in consultation with the Chancellor may appoint any member of the academic staff of the University College to perform the functions of the Principal for a maximum of three months. Section 18(3) In the event of the incapacity of a member of staff of the University College other than the Principal and Deputy Principals, the Principal may appoint a suitable person to perform the functions of the said officer for a period of up to three months.

Section 19. Financial Year Section The financial year of the University College shall be the period of twelve months commencing on the 1st July and ending on the 30th June in the following year.

Section 20. Investment of Funds Section 20(1) The Council may invest any of the funds of the University College in securities, treasury bonds, trust funds or in any other securities which the Treasury may, from time to time, approve. Section 20(2) The Council may place on deposit with such banks as it may determine, any moneys not immediately required for the purposes of the University College.

Section 21. Annual Estimates Section 21(1) Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University College for that year. Section 21(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University College; Section 21(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 College; Section 21(2)(c) for the proper maintenance of the buildings and grounds of the University College; Section 21(2)(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University College; Section 21(2)(e) for the funding of the cost of teaching, research and outreach activities of the University College; and Section 21(2)(f) 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 deem fit. Section 21(3) In drawing its annual estimates and development plans, the University College...

Section 22. Accounts and Audit Section 22(1) The Council shall cause to be kept all proper books of accounts of the income, expenditure and assets and of the University College. Section 22(2)(a) a statement of income and expenditure during that year; and Section 22(2)(b) a statement of the assets and liabilities of the University College on the last day of that year. Section 22(3) The accounts of the University College shall be audited by the Controller and Auditor-General in accordance with the Public Audit Act (Cap. 412B). Section 22(4) The Controller and Auditor-General may transmit to the Cabinet Secretary a special report on any matters incidental to his powers under this Order, and section 24 (3) and (4) of the Public Audit Act (Cap. 412B) shall apply to any report made under this paragraph.

Section 23. The Common Seal and Signification of Documents Section 23(1) The common seal of the University College shall be kept in such custody and used only as the Council shall direct. Section 23(2) The common seal of the University College shall be authenticated by the signatures of the Principal together with any other person duly authorized by the Council. Section 23(3) The common seal of the University College when affixed to any document and duly authenticated shall be judicially and officially noticed, and, unless and until the contrary is proved, any order or authorization of the Council under this paragraph shall be presumed to have been duly given.

Section 24. Statutes Section 24(1)(a) establishment of faculties, schools, and institutes of the University College; Section 24(1)(b) description of degrees, diplomas, certificates, and other academic qualifications; Section 24(1)(c) requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications; Section 24(1)(d) conduct of examinations; Section 24(1)(e) prescribing fees and other charges; Section 24(1)(f) setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of the staff of the University College; Section 24(1)(g) constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and Section 24(1)(h) providing for or prescribing anything, which, under this Order, may be provided for or prescribed by Statutes. Section 24(2) Notwithstanding subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of the Principal or Academic Board without first ascertaining the opinion of the Academic Board. Section 24(3) Statutes shall on...

Section 25. Protection of Name Section 25(1) Despite the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the words "Bomet" together with words "University College" unless the application for the registration is accompanied by the written consent of the Council. Section 25(2) Any person who except with the written consent of the Council, uses the words "Bomet" together with the word "University College" in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall be liable to a fine not exceeding one million shillings or imprisonment for a term of twelve months, or both: Provided that nothing in this paragraph shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of a degree, diploma or certificate by the University College.

Section 26. Conversion into a Fully-Fledged University Section The status accorded to the University College by this Order as a constituent college of Moi University, Eldoret, shall be transitional only and the University may initiate the necessary administrative and legal measures to ensure that the University College becomes a fully-fledged University.

Section 27. Variation and Revocation of Order Section This Order may be varied or revoked in accordance with the Act.