The Charter for Alupe University

Section 1. Short title Section This Charter may be cited as the Alupe University Charter.

Section 2. Interpretation Section In this Charter, unless the context requires otherwise— "Act" means the Universities Act (Cap. 210); "Administrative Staff" means a member of staff of the University in any of the Grades 5 to 15, who is appointed for general purposes of performing duties related to general management and administration of the University; "Alumni Association" means the organization of all graduates and former students of the University; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for university education; "Chairperson of the Council" means the Chairperson of the Council of the University as defined in this Charter; "Chairperson of Department" means a Chairperson of a teaching department as provided for in the Statutes; "Chancellor" means the Chancellor of the University; "Charter" means the Alupe University Charter; "College" means a College established within the University made under paragraph 8 of this Charter; but does not include a Constituent College; "constituent college" means a constituent College of the University established under paragraph 9 of this Charter; "Convocation" means the convocation of the University establis...

Section 3. Establishment and incorporation of the University Section 3(1) There is hereby established a university to be known as the Alupe University in accordance with the provisions of the Act and this Charter. 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 provisions of this Charter which may be done by a body corporate. Section 3(3) The University shall be the successor to the Alupe University College established under the Alupe University Order of 2015. Section 3(4) All rights, duties, obligations, liabilities and assets held by Alupe University College or by any other body on behalf of Alupe University College existing immediately before the award of this Charter, shall automatically and fully be transferred to and vest in Alupe University and any reference to Alupe University College in any contract or document shall for all...

Section 4. Vision and Mission Section Vision: To be a world-class University that is committed to achieving academic excellence, integrity and quality research.

Section 5. Philosophy Section To educate to empower the mind and develop competencies through teaching, research and community outreach by integration of technology, sciences and the social sciences for the total growth of graduates.

Section 6. Core Values Section professionalism;

Section 7. Aims, functions, and objectives of the University Section 7(1)(a) to provide directly, or in collaboration with other institutions of higher learning, facilities for university education including health, technology, scientific and professional education, integration of teaching, research and effective application of knowledge and skills to the life and work and welfare of the citizens of Kenya; Section 7(1)(b) to participate in the discovery, transmission and preservation and enhancement of knowledge and to stimulate the intellectual participation of students in the economic, social, scientific, technological and cultural development of Kenya; Section 7(1)(c) to provide and advance university education and training to appropriately qualified candidates leading to the conferment of degrees and the award of diplomas and certificates and such other qualifications as the Council and the Senate may determine from time to time and in so doing, contribute to the manpower needs; Section 7(1)(d) to conduct examinations for such academic awards as may be provided for in the Statutes of the University; Section 7(1)(e) to examine and make proposals for new faculties, schools, insti...

Section 8. Establishment of Colleges and Campuses within the University Section 8(1) The Council may, on the advice of the Senate, establish Colleges and Campuses within the University whose functions and powers shall be provided for in the Statutes. Section 8(2) A College established within the University shall consist of such faculties, schools, institutes, departments, centers and other resource and administrative units as may be provided for by the Statutes.

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

Section 10. Conferment of Degrees and other Awards Section 10(1)(a) confer Bachelor’s, Postgraduate Diplomas, Master’s, and Doctoral degrees and such other degrees as may be provided for by the Statutes; Section 10(1)(b) grant Diplomas or Certificates or other awards; and Section 10(1)(c) confer an honorary degree 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 10(2) Subject to this Charter, the Council may, 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.

Section 11. Award of Scholarships Section Subject to this Charter, the University may award scholarships, bursaries and prizes and make other awards which may be provided for by the Statutes.

Section 12. Membership of the University Section the Chancellor;

Section 13. The Chancellor Section There shall be a Chancellor of the University who shall be appointed and who shall hold office in accordance with the Act.

Section 14. The Council Section 14(1)(a) the Chairperson who shall be appointed by the President; Section 14(1)(b) the Principal Secretary in the Ministry for the time being responsible for university education; Section 14(1)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 14(1)(d) five other members appointed by the Cabinet Secretary in accordance with the provisions of the Act; and Section 14(1)(e) the Vice-Chancellor who shall be an ex officio member. Section 14(2) Subject to this paragraph, a member of the Council, other than an ex officio member, shall hold office for a term of three years, but shall be eligible for re-appointment for one further term. Section 14(3) There shall be a University Secretary who shall be appointed in accordance with the provisions of the Statutes and shall be responsible for organizing and keeping the records of the meetings of the Council. Section 14(4) Subject to the Act and this Charter, the Council may invite any person to attend its meetings to providing technical expertise or advice as and when necessary. Section 14(5)(a) not being an ex officio member, resigns from office by notice in writing ad...

Section 15. The Student Association Section 15(1) There shall be a student’s association of the University as provided for by the Act and the Statutes whose membership shall be as prescribed in the association’s constitution. Section 15(2) There shall be a Student’s Council elected in accordance with section 41(3) of the Act. Section 15(3)(a) oversee and plan, in consultation with the Senate, students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being of students; Section 15(3)(b) draw to the attention of appropriate authority where necessary special needs from particular students; Section 15(3)(c) offer suggestions to the Senate on matters affecting the well-being of students; and Section 15(3)(d) undertake such other functions as provided for in its governance instruments and as may be approved by the Council.

Section 16. Alumni Association Section 16(1) There shall be an Alumni Association of the University which shall consist of the graduates of Alupe University. Section 16(2) The alumni association shall have the right to meet and discuss matters relating to the University and transmit resolutions thereon to the Council and the Senate and may exercise such other functions as the Act and the Statutes may prescribe.

Section 17. Vice-Chancellor Section 17(1) There shall be a Vice-Chancellor of the University who shall be appointed in accordance with the Act. Section 17(2)(a) be the academic and administrative head of the University; Section 17(2)(b) have overall responsibility for the good and proper management of the University; and Section 17(2)(c) have such powers and duties as may be provided for by the Statutes. Section 17(3) The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term of five years.

Section 18. Senate Section 18(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 18(1)(b) the Deputy Vice-Chancellors; Section 18(1)(c) the Principal of each Constituent College; Section 18(1)(d) the Principals of each College within the University; Section 18(1)(e) the Deans of Schools, Directors of institutes, Centres and other academic units; Section 18(1)(f) the Chairpersons of Departments; Section 18(1)(g) the full Professors of the University; Section 18(1)(h) the Corporation Secretary or Chief Legal Officer; Section 18(1)(i) two members elected by the academic board or equivalent body, if any, of each Constituent College from among the members of such board or body; Section 18(1)(j) the University Librarian; Section 18(1)(k) one representative of each of the College Academic Boards appointed by the respective boards from amongst its members; Section 18(1)(l) one representative of each of the school academic boards appointed by the respective boards from amongst its members; Section 18(1)(m) the Dean of Students; Section 18(1)(n) the Director of Information, Communication and Technology services of the University; Section 18(1)(o) the Director of Quality Assuran...

Section 19. The University Management Board Section 19(1) There shall be a University Management Board which shall perform the functions provided for in this Charter and the Statutes. Section 19(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 19(2)(b) the Deputy Vice-Chancellors; Section 19(2)(c) the Principals of Colleges within the University; Section 19(2)(d) the Finance Officer; Section 19(2)(e) the Corporation Secretary; Section 19(2)(f) the Chief Legal Officer; and Section 19(2)(g) such other member of senior management as the Council may determine in accordance with the Statutes. Section 19(3)(a) the efficient management of the human, physical, and financial resources of the University; Section 19(3)(b) making proposals to the Council and the Senate on policies that have a University-wide application; Section 19(3)(c) coordination of the University strategic and development plans; and Section 19(3)(d) any other matters related to the management of the University.

Section 20. The Deputy Vice-Chancellors Section 20(1) The Council shall appoint two or more Deputy Vice-Chancellors in accordance with the Statutes and the Deputy Vice-Chancellors shall, under the general authority of the Vice-Chancellor, exercise such powers and perform such duties as may be provided for by the Statutes. Section 20(2) A Deputy Vice-Chancellor shall hold office upon such terms as may be provided for by the Statutes and shall serve for a term of five years and shall be eligible for re-appointment for one further term of five years.

Section 21. The Principals of Colleges within the University Section 21(1) The Council shall, for each college within the University and in accordance with the Statutes, appoint a Principal for each college 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 21(2) The Principal shall hold office upon such terms as may be provided for by the Statutes and shall serve for a period of five years and shall be eligible for re-appointment for one further term.

Section 22. The Convocation Section 22(1) There shall be a convocation of the University which shall consist of the graduates of the University, faculty members and such other persons as may be prescribed by the Statutes. Section 22(2) The convocation shall have the right to meet and discuss any matter relating to the University and transmit resolutions thereon to the Council and the Senate, and may exercise such other functions as may be provided for in the Statutes.

Section 23. The Staff of the University Section 23(1) The teaching staff of the University shall consist of all the members of staff who are engaged in teaching and research. Section 23(2) The senior management staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges of the University, the Finance Officer, the Corporation Secretary and Chief Legal Officer and such other members of staff as the Council may determine from time to time. Section 23(3) The administrative staff of the University shall consist of the Registrars, the Directors and such other members of staff engaged in general administration as the Council may determine from time to time. Section 23(4) The technical staff of the University shall consist of the 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 23(5) The support staff of the University shall consist of the staff engaged in support services and such other persons as the Council may determine from time to time....

Section 24. Performance of Functions in Absence of Office Holders Section 24(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 Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days. Section 24(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council may appoint one of the Principals of Colleges within the University to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days. Section 24(3) In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges within the University, the Council may appoint a member of the academic staff at the level of professor to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days. Section 24(4) In the event of the incapacity of any member of staff of the University other than the Vice-Chancellor and Deputy Vice-Chancel...

Section 25. Annual Estimates Section 25(1) Before the commencement of a financial year, the Council shall cause to be prepared estimates of all revenue and expenditure of the University for that year. Section 25(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 25(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 25(2)(c) for the proper maintenance of the buildings and grounds of the University; Section 25(2)(d) for the proper maintenance, repair and replacement of plant, equipment and other movable property of the University; Section 25(2)(e) for the funding of the cost of teaching, research and outreach activities of the University; Section 25(2)(f) for development purposes; and Section 25(2)(g) for the creation of such funds to meet future or contingent liabilities in respect of death benefits insurance or replacement of building, plant and equipment and in respect of such other matters as the Council may deem fit. Section 25(3) Annual estimates shall be approved by the Council before the commenceme...

Section 26. Funds of the university Section 26(1)(a) capitation grants; Section 26(1)(b) income generating activities undertaken by the University; Section 26(1)(c) loans from government and financial institutions; and Section 26(1)(d) such other subscriptions, donations or bequests as the Council may, subject to any other written law, regulations and guidelines, appeal for and receive from the general public for the benefit of the University. Section 26(2) Unexpended balances of grants may be expended from one year to the next in accordance with provisions of section 46 of the Act.

Section 27. Accounts and Audit Section 27(1) The Council shall cause to be kept audited proper books of accounts of the income, expenditure and assets of the University. Section 27(2)(a) a statement of income and expenditure during that year; and Section 27(2)(b) a statement of the assets and liabilities of the University on the last day of that year. Section 27(3) The accounts of the University shall be audited by the Auditor-General in accordance with the Public Audit Act (Cap. 412B). Section 27(4) The Auditor-General may transmit to the Cabinet Secretary a special report on any matters incidental to his powers under this Charter, the Act and the Public Audit Act (Cap. 412B) shall apply to any report made under this paragraph.

Section 28. Investment of Funds Section 28(1) The Council may invest any of the funds of the University in securities, treasury bonds, trust funds or in any other securities which the National Treasury may approve from time to time. Section 28(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.

Section 29. Financial Year Section 29(1) The financial year of the University shall be the period of twelve months commencing on the 1st July and ending on 30th June in the following year. Section 29(2) In the event of any change in the financial year, and for the purposes of the transition from the old financial year to a new financial year consequent upon the change, the transitional period, whether more or less than twelve months, shall be deemed for the purposes of this Charter to be a fiscal year.

Section 30. Instruments of Governance Section 30(1) The University shall conspicuously display all its instruments of governance. Section 30(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.

Section 31. Instruments of Authority Section 31(1)(a) the University Mace; Section 31(1)(b) the Common Seal; Section 31(1)(c) the University Logo; Section 31(1)(d) the University Flag; Section 31(1)(e) the Anthem; and Section 31(1)(f) the Assessment Report. Section 31(2) The Mace shall be kept in such custody as the Council may direct. Section 31(3) The Mace shall be used as specified in the Statutes. Section 31(4) The Flag and the Anthem shall be as specified in the Statutes. Section 31(5) No person, body, authority and or organization performing any function related to administration, registration of companies, business, trade, advertisement, calling, profession, use of the Common Seal and Logo of the Kaimosi Friends University except with the consent of the Council and any authorized representative of the Council.

Section 32. The Common Seal Section 32(1) The common seal of the University shall be kept in such custody and used only as the Council may direct. Section 32(2) The common seal of the University shall be authenticated by the signatures of the Vice-Chancellor together with any other person duly authorized by the Council. Section 32(3) The common seal of the University 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 deemed to have been duly given.

Section 33. The Statutes Section 33(1)(a) establishment of colleges, campuses, faculties, schools, directorates, institutes and centres of the University; Section 33(1)(b) description of degrees, diplomas, certificates and other academic qualifications; Section 33(1)(c) requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications; Section 33(1)(d) conduct of examinations; Section 33(1)(e) prescribing fees and other charges; Section 33(1)(f) prescribing the rules and regulations for the conduct and organisation of student affairs; Section 33(1)(g) 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; Section 33(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 33(1)(i) providing for or prescribing anything, which, under this Charter may be provided for by the Statutes. Section 33(2) Notwithstanding subparagraph (i), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges...

Section 34. Protection of Name Section 34(1) Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the words "Alupe" and "University", together in any order, unless the application for the registration is accompanied by the written consent of the Council. Section 34(2) Any person who except with the written consent of the Council, uses the words "Alupe" and "University", together in any order and in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or to both. Section 34(3) Notwithstanding the foregoing, 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 the person of a degree, diploma or certificate by the University.

Section 35. Revocation Section 35(1) The Alupe University College Order of 2015 is revoked. Section 35(2)(a) all directions, orders, appointments, requirements, authorizations, other things given, taken or done under, and all funds, assets and other property acquired by virtue of that Order, shall, insofar as not inconsistent with this Charter, be deemed to have been given, taken, done or acquired under this Charter; and Section 35(2)(b) the persons constituting the Council of the Alupe University College shall continue to discharge responsibilities and exercise such powers and functions as set out in the Act until the Council of the University is appointed in accordance with the Act.

Section 36. Transitional Section 36(1) The Council in existence immediately before the award of this Charter shall remain in office and shall function as the Council of the Alupe University until the appointment of the substantive Council of the University. Section 36(2) The Council under subparagraph (1) may develop Statutes for Alupe University under this Charter and the Statutes so made shall be deemed to have been made under this Charter. Section 36(3) The persons occupying the positions of Principal and Deputy Principals of the Alupe University College shall continue to discharge their responsibilities and exercise such powers as set out in the Act, this Charter and the Statutes of Alupe University until the Vice-Chancellor and other officers of the University are appointed and assume office. Section 36(4)(a) to continue and be awarded a degree of the Alupe University; or Section 36(4)(b) to be awarded a degree of the Moi University. Section 36(5)(a) the availability of space; and Section 36(5)(b) the accreditation of the relevant academic programme.

Section 37. Variation and Revocation of this Charter Section This Charter may be varied, amended or revoked in accordance with the provisions of the Act.