The Charter for Daystar University

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

Section 2. Interpretation Section In this Charter, unless the context otherwise requires— “Act” means the Universities Act ( Cap. 210 ); “administrative staff” means a member of staff of the University appointed for general purposes of performing duties related to general management and administration of the University; “affiliated institutions” means institutions which have academic linkage with the University under section 8 for the purposes of being able to grant university degrees, diplomas and certificates; “Alumni Association” means the Alumni Association of the University established under section 17B ; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for university education; “Chairman of the Council” means the Chairman of the Council of the University as appointed under section 15 ; "Chancellor" means the Chancellor of the University appointed under section 14 ; “Charter" means Daystar University Charter, 1994; “College” means a College established within the University pursuant to section 8 ; "Company" means the registered non-profit making Daystar Company Limited by guarantee and the body that sponsors Daystar University; “Constituent Colleg...

Section 3. Establishment and Incorporation of Daystar University Section 3(1) There is hereby established a university to be known as Daystar University which shall be constituted in accordance with this Charter. Section 3(2) The University is a non-profit making and non-denominational Christian education institution sponsored by the Daystar Company Limited to provide Christian-based higher education, training, research and service for the expansion of God’s Kingdom. Section 3(3)(a) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(3)(b) borrowing or lending money; Section 3(3)(c) suing and being sued; Section 3(3)(d) doing or performing all such other things or acts for the proper performance of its functions under, and for the furtherance of the provisions of this Charter, which may lawfully be done or performed by a body corporate; and Section 3(3)(e) entering into contracts with Government, other institutions and individuals; Section 3(3)(f) receiving bequests and gifts which shall be used for the purposes stated by the persons making such bequests and gifts and for the furtherance of the vision and mission o...

Section 4. The Mission of the University Section Vision: A distinguished Christ-centered University of choice transforming the World through world-class, value-based education; and

Section 5. The Philosophy of the University Section the one-eternal God in Trinity of the Father, Son and Holy Spirit, the Creator and Lord of the world, who governs all things according to the purpose of His will, calling out of the world a people for Himself and sending them back into the world to be His servants and witnesses for the extension of His kingdom, the building of Christ's church and the glory of His name;

Section 6. The Objects of the University Section to provide resources for university education, training discussion, research and teaching within the context of Christian truth and commitment, spiritual sensitivity, and obedience to Christ;

Section 7. The Functions of the University Section 7(1)(a) to provide, maintain and preserve resources for university education, training, community service and research and for the establishment of colleges, faculties, schools, departments, institutes, centres and such other institutions as the Council may determine; Section 7(1)(b) to determine who may teach, what may be taught and how it may be taught in the University; Section 7(1)(c) to conduct research and encourage the conduct of research which enlarges the province of human knowledge in general, and increases the effectiveness of the church in particular; Section 7(1)(d) assist in the preservation, processing, transmission and dissemination of knowledge and in the stimulation of the intellectual life and cultural development of the students, the local and contextual church and the society; Section 7(1)(e) to conduct examinations for, and grant degrees, diplomas, certificates and other awards of the University; Section 7(1)(f) to provide a balanced programme and experiences for harmonious and holistic development of students and staff; Section 7(1)(g) to carry out any other functions as may be permitted and approved by the C...

Section 8. Constituent Colleges, Colleges within the University, Campuses, and other Affiliated Institutions Section constituent colleges of the University as provided for in the Act, this Charter or the Statutes;

Section 9. Conferment of Degrees, Diplomas, Certificates and Other Awards Section 9(1) The University shall have power to confer degrees and grant diplomas, certificates or any other awards as may be provided for in the Statutes of the University. Section 9(2) The University may, in accordance with such conditions as it may prescribe, confer any degree, or award any academic distinction as honorary degree, or academic distinction to a person who has rendered distinction in the advancement of any branch of learning, or who has otherwise, on the recommendation of the Senate and with the approval of the Council, rendered himself worthy of the degree or academic distinction. Section 9(3) The University may, under conditions which it may prescribe, award fellowships, scholarships, bursaries and prizes and make other awards which it may consider necessary or desirable. [L.N. 219 of 2023, s. 8.]

Section 10. Withdrawal of Degrees, Diplomas, Certificates and other Awards Section 10(1) 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 10(2) The University shall have powers to withdraw and or cancel any degree, diploma, certificate or other academic qualiflcations conferred or granted. Section 10(3)(a) the said academic qualification was acquired through deceit or falsehoods that were not discovered before the said conferment or grant; Section 10(3)(b) the candidate plagiarized; Section 10(3)(c) the candidate had not fulfilled the conditions for the conferment or grant of the relevant academic qualification; or Section 10(3)(d) in case of an Honorary degree when the recipient no longer subscribes to the philosophy of the University.

Section 11. Membership Section 11(1)(a) the Sponsor; Section 11(1)(b) the Chancellor; Section 11(1)(c) the Chairman of the Council; Section 11(1)(d) the members of the Council; Section 11(1)(e) the Vice-Chancellor; Section 11(1)(f) the Deputy Vice-Chancellors; Section 11(1)(g) the Principals; Section 11(1)(h) the Directors; Section 11(1)(i) the Deans; Section 11(1)(j) the Registrars; Section 11(1)(k) the University Librarian; Section 11(1)(l) the University Chaplain; Section 11(1)(m) the academic staff; Section 11(1)(n) the non-academic staff; Section 11(1)(o) the students; and Section 11(1)(p) such other members as the Council may from time to time determine. Section 11(2) A member shall confess Jesus Christ as their personal saviour and be committed to the University’s Christian philosophy as provided for under section 5 of the Charter and satisfy the Council of the members’ soundness in faith and practice of the Christian doctrine demonstrated through acts of justice, mercy and love in the church society. Section 11(3) In matters of student admission, the decision of the Council and Sponsor shall prevail in upholding the vision and mission of the institution. [L.N. 219 of 2023,...

Section 12. Governance Section the Sponsor;

Section 13. The Sponsor Section be the custodian and have oversight over the Vision, Mission and Philosophy of the University;

Section 14. The Chancellor Section 14(1) The Sponsor shall, on the recommendation of the Council and Senate, and as specified in the Statutes, appoint a Chancellor of the University. Section 14(2) The person appointed as Chancellor shall fulfill the requirements as provided for in the Act and must possess at least a doctoral degree from a recognized university. Section 14(3) The Chancellor shall hold office for a period of five years, and shall be eligible for re-appointment for one further term. Section 14(4)(a) shall promote continually the University’s holistic progress and advancement in accordance with the University’s Christian philosophy, this Charter and the Statutes; Section 14(4)(b) shall 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 14(4)(c) may from time to time, recommend to the Sponsor a Visitation of the University; Section 14(4)(d) may from time to time give advice to the Council, which the Chancellor considers necessary for the betterment of the University; Section 14(4)(e) shall enjoy such powers and privileges and perform such functions as the Sp...

Section 15. The Council Section 15(1) There shall be a Council of the University which shall be the governing body with full responsibility over the University. Section 15(2) The Council shall consist of nine to eleven members. Section 15(3) The Chairperson of the Council shall be appointed by the Sponsor. Section 15(4) A person qualifies to be appointed a Chairperson of the Council if the person holds a minimum of an earned doctorate degree. Section 15(5) A person qualifies to be appointed a member of the Council if the person has a minimum of a Masters’ degree. Section 15(6) In appointing members of the Council, due regard shall be given to balanced competencies, gender, regional balance, ethnic balance and integration of minority groups such as persons with disabilities. Section 15(7) The Vice-Chancellor of the University shall be an ex officio member, and Secretary to Council. Section 15(8) In the absence of the Chancellor, the Chairperson of the Council shall perform the functions of the Chancellor. Section 15(9) The members of the Council shall hold office for a term of three years and shall be eligible for re-appointment for one further term. Section 15(10) In appointing new...

Section 16. Functions of the Council Section 16(1) The Council shall exercise governance, control and administration of the University and it shall act and exercise all legal rights, powers and privileges of the University as provided for under the Act, and this Charter. Section 16(2)(a) foster the stated objectives of the University; Section 16(2)(b) develop and approve policies for the attainment of the objectives, the mission and the Christian character of the University; Section 16(2)(c) provide, manage and administer the assets and funds of the University in a manner and for the purposes which shall promote the best interests of the University provided that the Council shall not dispose, charge, mortgage, undertake any loan agreement, lease, pursue asset financing, for or on behalf of the university or otherwise with any of the University’s immovable assets without the prior consent in writing of the Sponsor; Section 16(2)(d) cause to be kept, proper books and records of accounts of the income and expenditure, assets and liabilities of the University; Section 16(2)(e) receive on behalf of the University, funds, gifts, donations, grants and other monies and make disbursements t...

Section 17. The Senate Section 17(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 17(1)(b) the Deputy Vice-Chancellors; Section 17(1)(c) the Principals; Section 17(1)(d) the Directors; Section 17(1)(e) the Deans; Section 17(1)(f) the University Managers; Section 17(1)(g) the Heads of Academic Departments; Section 17(1)(h) the University Librarian; Section 17(1)(i) the Registrars; Section 17(1)(j) two members elected by the academic staff; Section 17(1)(k) two students elected by the Student Association; Section 17(1)(l) full Professors of the University; Section 17(1)(m) the University Chaplain; and Section 17(1)(n) any other member as may be provided for in the Statutes. Section 17(2)(a) be responsible for all academic matters of the University and shall further undertake the following functions in the exercise of its powers and duties; Section 17(2)(b) propose to the Council for approval the short-term and long-term academic plans and their modifications based on a continuous evaluation; Section 17(2)(c) develop, evaluate and propose modifications in the programmes of instruction, research and field services consistent with the objectives, policies and Christian...

Section 17A. The Students Association Section 17A(1) There shall be a students’ association for all students of the University whose mode of operation shall be as stipulated in the Statutes. Section 17A(2)(a) oversee and plan, in consultation with the Senate, students' activities for the promotion of academic, spiritual, moral, harmonious communal life and social wellbeing of all students; Section 17A(2)(b) draw to the attention of the appropriate authority, where necessary, special needs form particular students; Section 17A(2)(c) offer suggestions to the Senate or its equivalent on matters affecting the wellbeing of students; Section 17A(2)(d) be a link between the students, the Council, the Senate, the Management Board and other organs of the University; and Section 17A(2)(e) perform any other function as may be prescribed in the Statutes.

Section 17B. Alumni Association Section 17B(1) There shall be an Alumni Association of the University which shall consist of the graduates, former students having successfully completed an academic programme or training at the University and such other persons as may be provided for in the Statutes. Section 17B(2) Former staff both teaching and administrative, having served at the University for a duration of more than three years shall qualify to be members of the Alumni Association. Section 17B(3) The Alumni Association shall have the right to meet and discuss any matter relating to the University and to transmit resolutions thereof to the Senate. Section 17B(4) The Alumni Association shall exercise such powers and functions as may be provided for in the Statutes. [L.N. 219 of 2023, s. 16.]

Section 18. University Management Board 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 Principals; Section 18(1)(d) the Registrars; Section 18(1)(e) the Chief Finance Officer; Section 18(1)(f) the Chief Legal Officer; and Section 18(1)(g) any other member as may be provided for in the Statutes. Section 18(2)(a) ensure efficient management of the personnel, facilities and finances of the University; Section 18(2)(b) plan for the development and the needs of the University; Section 18(2)(c) prepare, in consultation with the Senate, the annual plans and budgets for submission to Council for approval; Section 18(2)(d) develop strategies for generation of revenue and fund raising to secure adequate financial support for the University; Section 18(2)(e) implement the rules and regulations governing the conduct and behavior of non-academic staff of the University as approved by the Council and provided for in the Statutes; Section 18(2)(f) recommend such policies and strategies that achieve the objectives of the University and work for the maintenance of the Christian character of the University; Secti...

Section 19. The Vice-Chancellor Section 19(1) The Council shall appoint a Vice-Chancellor who shall be the Chief Executive of the University. Section 19(2)(a) be the academic and administrative head of the University; Section 19(2)(b) have the overall responsibility for direction, organization, administration and programmes of the University; Section 19(2)(c) direct, promote and coordinate all the programmes and activities of the University; Section 19(2)(d) act as the representative of the University and be its spokesperson on its external relations; Section 19(2)(e) assume administrative responsibilities for the day-to-day running of the University and its management; Section 19(2)(f) preside over the Senate and the University Management Board in accordance with the Statutes; Section 19(2)(g) be responsible for the general welfare, conduct and discipline of staff and students; Section 19(2)(h) work collegially with the personnel of the University for the realization of its objectives; Section 19(2)(i) direct the securing of financial support for the University; Section 19(2)(j) be an ex-officio member of both the Council and the Sponsor; and Section 19(2)(k) perform any other dut...

Section 20. The Deputy Vice-Chancellors Section 20(1) The Council shall, in consultation with the Vice-Chancellor, appoint Deputy Vice-Chancellors who shall, under the direction and authority of the Vice Chancellor, perform such duties as may be provided for in the Statutes. Section 20(2) The Deputy Vice-Chancellors shall hold office for a term of five years’ and shall be eligible for re-appointment for one further term. Section 20(3) A person qualifies to be appointed a Deputy Vice-Chancellor if the person has an earned doctorate degree and have extensive experience in university management and attained the level of at least Senior Lecturer. [L.N. 219 of 2023, s. 19.]

Section 21. The Principals Section 21(1)(a) be responsible for the administration of constituent colleges, colleges within the university and campuses; and Section 21(1)(b) perform such other duties as shall be provided for in the Statutes. Section 21(2) For the purpose of distinction, the appointment of the Principal of a constituent college may have additional requirements which shall be in accordance with Act and any other requirements as the Council shall determine. Section 21(3) The Principals shall hold office for a term of five years’ and shall be eligible for re-appointment for one further term. Section 21(4)(a) is a holder of an earned doctorate degree; and Section 21(4)(b) has extensive experience in University management and attained the level of at least Senior Lecturer.

Section 22. The Directors Section 22(1) The Council shall, in consultation with the Vice-Chancellor, appoint Directors who shall, under the direction and authority of the Vice-Chancellor, perform such duties as may be provided for in the Statutes. Section 22(2) A Director shall be appointed in such terms and conditions of service as may be determined by the Council, and shall hold office for such periods as may be provided for in the Statutes. [L.N. 219 of 2023, s. 21.]

Section 23. The Deans Section 23(1) The Council shall, in consultation with the Vice-Chancellor, appoint Deans who shall, under the direction of the Vice-Chancellor, perform such duties as may be provided for in the Statutes. Section 23(2) A Dean shall hold office for a term of three years’ and shall be eligible for re-appointment for one further term. [L.N. 219 of 2023, s. 21.]

Section 24. The Staff of the University Section 24(1)(a) the Vice-Chancellor; Section 24(1)(b) the Deputy Vice-Chancellors; Section 24(1)(c) the Principals; Section 24(1)(d) the Directors; Section 24(1)(e) the Deans; Section 24(1)(f) the Librarians; Section 24(1)(g) the Registrars; Section 24(1)(h) members of staff who have direct responsibility for and contact with students as lecturers, counsellors or administrators recognized as holding positions on academic terms of service. Section 24(1A) The Technical Staff shall consist of members of staff of the University who are appointed to conduct general, clerical, laboratory and field courses, and assist in the conduct of the lectures, examinations and research of the University. Section 24(2) The non-academic staff shall consist of other University personnel not covered under subsection (1) and (1A) above. Section 24(3)(a) to comply with the requirements of faith and doctrine as is stipulated in section 5 of the Charter, and the code of conduct as detailed in the Statutes; Section 24(3)(b) to be subject to the general authority or the Council and of the Vice-Chancellor; and Section 24(3)(c) to demonstrate in theory and practice commi...

Section 25. Performance of Duties During Incapacity of an Office Holder Section 25(1)(a) one of the Deputy Vice-Chancellors designated for that purpose by the Chairman of the Council; or Section 25(1)(b) in the event of the simultaneous incapacity of the Vice-Chancellor and all the Deputy Vice-Chancellors, the Council may appoint a member of the academic staff of the University to perform the functions of the Vice-Chancellor during the period of incapacity. Section 25(2) In the event of incapacity of a member of the staff of the University other than the Vice-Chancellor, the Vice-Chancellor may appoint a suitable person with the relevant training and experience, to perform the functions of the member during the incapacity. Section 25(3) In this section, "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concerned for a period not exceeding one hundred and eighty calendar days. [L.N. 219 of 2023, s. 23.]

Section 26. Convocation Section 26(1) The University shall confer degrees and award diplomas at a Convocation of the University. Section 26(2) The Vice-Chancellor shall declare a gathering a Convocation for purposes of section 29 (a) above. Section 26(3) The Chancellor shall preside over the graduation ceremony. Section 26(4) At the end of the ceremony the Vice-Chancellor shall dissolve the Convocation. [L.N. 219 of 2023, s. 24.]

Section 27. University Fiscal Year Section 27(1) The fiscal year of the University shall be the period of twelve months commencing on such day in each year as the Council may determine. Section 27(2) In the event of any change in the fiscal year and for the transition from the old fiscal year to the new fiscal year, consequent upon the changes, 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 28. Sources of University Funds Section academic fees;

Section 29. Investment of University Funds Section 29(1) The Council may invest or delegate the investments of any of the funds of the University in securities, bonds, trusts etc., in which for the time being, the Council may by law invest, or delegate the investments of or in such manner as the Council may from time to time approve for the purpose. Section 29(2) The Council may place on deposit with such banks or financial institutions, as it may determine, any funds not immediately required for use by the University a review of the list of Council approved banks and financial institutions where such funds are to be placed shall be conducted annually. Section 29(3) The Council may create or appoint other corporate bodies to manage its investments, pensions, provident funds, properties, etc. [L.N. 219 of 2023, s. 26.]

Section 30. University Annual Budget Section 30(1) Four months before the commencement of a fiscal year, the Council shall cause to be prepared an annual budget of estimates of revenue and expenditure of the University for that year. Section 30(2)(a) the payment of the salaries; allowances and other charges in respect of the staff of the University; Section 30(2)(b) 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 30(2)(c) the funding of the cost of institutional scholarships, teaching and research activities; Section 30(2)(d) the development of various assets of the University; Section 30(2)(e) the proper maintenance of the buildings and grounds of the University; Section 30(2)(f) the proper maintenance repair and replacement of the equipment and other movable property of the University; Section 30(2)(g) 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 deem fit. Section 30(3) The annual budget shall be approved...

Section 31. Accounts and Audit Section 31(1) The Council shall cause to be kept, proper books and records of accounts of the income and expenditure, assets and liabilities of the University. Section 31(2) The accounts of the University shall be audited annually by a reputable firm of auditors appointed by the Council. Section 31(3) An auditor appointed under subsection (2) above, shall report directly to the Council. Section 31(4) Within a period of three (3) months from the end of each fiscal year, the Vice-Chancellor shall submit to the Council and the Sponsor audited accounts of the University. [L.N. 219 of 2023, s. 28.]

Section 32. The Statutes Section 32(1)(a) the procedure and conduct and regulation of the affairs of the Council; Section 32(1)(b) the establishment of faculties, departments, institutes, schools and colleges of the University; Section 32(1)(c) the description of degrees; Section 32(1)(d) the conduct of examinations; Section 32(1)(e) the regulations for the award of degrees, diplomas and certificates; Section 32(1)(f) prescribing fees and boarding charges; Section 32(1)(g) determining the terms and conditions of service, including the appointment, dismissal and remuneration and retirement benefits of the staff of the University; Section 32(1)(h) the constitution and procedures of the meetings of the Council, the Senate, the Management Board and Committees of the Council, and other Standing Committees of the University including procedures for such meetings that may be convened virtually; Section 32(1)(i) prescribing the rules and regulations for University staff, staff associations, students and the Students Association; Section 32(1)(j) the composition and procedures of the meetings of the academic staff and Alumni Association including procedures for such meetings that may be con...

Section 33. Protection of name Section 33(1) Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names, shall accept for such registration any name which includes together the word “University” and the word “Daystar” unless the application for such registration is accompanied by the written consent of the Council. Section 33(2) Any person who, except with written consent of the Council, uses the word “University” and the word “Daystar” in furtherance of, or in connection with any advertisement for any trade, business, calling or profession, shall be guilty of an offence and liable to a fine not exceeding one million shillings, or imprisonment for a period not exceeding three months or to both such fine and imprisonment or any such penalties provided by the law in force at the relevant time: Provided that nothing in this section 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 any degree, diploma or certificate of the University. [L.N. 219 of 2023, s. 31.]

Section 32A. Instruments of Governance Section 32A(1) The University shall conspicuously display all its instruments of governance. Section 32A(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. [L.N. 219 of 2023, s. 30.]

Section 32B. 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. [L.N. 219 of 2023, s. 30.]

Section 32C. The Common Seal and the Signification of Documents Section 32C(1) There shall be a seal of the University. Section 32C(2) The seal of the University shall be used on all documents that require such sealing such as certificates issued by the University, contracts entered into between the University and third parties. Memoranda of Understanding between the University and third parties, and any other documents for which the Council considers sealing necessary. Section 32C(3) The Vice-Chancellor shall be responsible for the custody of the University seal. Section 32C(4) The sealing of documents shall be done as provided for in the Statutes. [L.N. 219 of 2023, s. 30.]

Section 33A. Variation and Revocation of the Charter Section 33A(1) Variation to this Charter may be initiated by the Senate, the Council or the Sponsor in consultation with the Council. Section 33A(2)(a) it shall be notified to the Chairman of the Board of the Sponsor in writing who shall promptly notify the Board members of the proposed variations; Section 33A(2)(b) it shall only be tabled for deliberation at a general meeting of the Sponsor if either approved by the Board of the Sponsor or supported in writing by at least twenty-five per cent of the members of the Sponsor; Section 33A(2)(c) notice of a meeting to vary the Charter shall be given to members of the Sponsor at least twenty-one days before the date of the meeting; Section 33A(2)(d) the variations to the Charter and full particulars of the proposed alteration must be detailed in the agenda of the meeting at which they are to be discussed; and Section 33A(2)(e) variations to the Charter of the University may be effected if at the aforesaid meeting of the Sponsor such variation is passed by two thirds of the members of the Sponsor. Section 33A(3) Variation to the Charter under this part shall not be implemented without...

Section 33B. Dissolution Section 33B(1)(a) by a resolution passed at meeting by a vote of ninety per cent of the members of the Sponsor on the grounds of insolvency; and Section 33B(1)(b) on the revocation of the Charter in accordance with section 22 of the Act. Section 33B(2) Notwithstanding that the dissolution of the University on grounds of bankruptcy has been duly approved under section 33A above, the dissolution shall always be subject to the approval of the Commission for University Education. Further the dissolution process shall ensure that all enrolled students are either accorded opportunity to complete their studies without disruption or transferred to other institutions. Section 33B(3) In the event of the dissolution of the University as contemplated above, any funds, assets or property remaining after the satisfaction of all debts and liabilities shall be distributed to any other Christian institution of higher learning nominated by the Sponsor with similar vision, mission and obj ectives to that of the University. [L.N. 219 of 2023, s. 31.]