The Charter for Kaimosi Friends University

Section 1. Short title Section This Charter may be cited as Kaimosi Friends University Charter.

Section 2. Interpretation Section In this Charter, unless the context otherwise requires— "academic year" means a continuous period of teaching, examination and study organized in a full year mode, semester mode, trimester mode and quarter mode and extending over not less than thirty weeks in a calendar year; "Alumni Association" means the body established under Paragraph 20 of this Charter; "Act" means the Universities Act (Cap. 210); "affiliated institution" means an institution which has an academic linkage with the University for the purpose of granting certificates, diplomas and degrees in accordance with the Statutes; "Alumni" means a person who is a former student of the University who completed an approved programme of study and qualified for the award of the degree, diploma or certificate and staff of the University. "Alumni Association" means the Alumni association of the University established under paragraph 15 of this Charter; "Annual Estimates" means the estimates approved under paragraph 28 of this Charter in respect of any financial year; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for university education; "Campus" means a campus...

Section 3. Establishment and Incorporation of the University Section 3(1) There is hereby established a University to be known as Kaimosi Friends University. 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) carrying out or performing any such functions or acts, including entering into such contracts as may be necessary or expedient, for the proper performance and furtherance of the provision of this Charter, which may lawfully be done by a body corporate. Section 3(3) The Kaimosi Friends University shall be the successor to Kaimosi Friends University College established under Legal Notice No. 87 of 2015 . Section 3(4) All rights, duties, obligations, staff, liabilities and assets held by Kaimosi Friends University College or by anybody on behalf of the Kaimosi Friends University College, existing at the commencement of this Charter, shall be automatically and fully transferred to the University, and any reference to Kaimosi Friends University in any contract or document shall, for al...

Section 4. Vision and Mission Section Vision: To be a center of excellence in teaching, innovation and holistic development.

Section 5. Philosophy Section The University endeavors to be ranked amongst the world class universities based on academic excellence and research that impact on societal needs.

Section 6. Functions, Aims and Objectives of the University Section 6(1)(a) provide directly, or in collaboration, with other institutions of higher learning, facilities for university education including technological, scientific, professional education and research; Section 6(1)(b) advance knowledge and its practical application by research, innovation and other means; Section 6(1)(c) disseminate the outcomes of research by various means, and commercially exploit the results of such research; Section 6(1)(d) participate in technological innovation as well as in the discovery, creation, transmission and enhancement of knowledge, and to stimulate the intellectual life in the economic, social, cultural, scientific, and technological development; Section 6(1)(e) contribute to industrial and technological development of society in collaboration and partnership with industry and other organizations; Section 6(1)(f) develop quality and relevant programmes for degrees, diplomas and certificates; Section 6(1)(g) establish colleges, faculties, schools, centres, institutes, departments, and other resources and administrative units as may be appropriate; Section 6(1)(h) inculcate and promote...

Section 7. Establishment of Campuses and Colleges within the University Section 7(1) The Council may, on the advice of the Senate, establish colleges within the University whose functions and powers shall be provided for in the Statutes. Section 7(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 8. Establishment of Constituent Colleges Section The Cabinet Secretary may, on the advice of the Council and the recommendation of the Commission, 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 9. Conferment, granting, cancellation and withdrawal of Degree, Diplomas, Certificates and other awards. Section 9(1)(a) award diplomas or certificates or other awards; Section 9(1)(b) confer the degrees of Bachelors, Masters and Doctorate and such other degrees as may be provided for by the Statutes; and Section 9(1)(c) confer honorary degrees or any other academic distinction upon 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 as may be provided for in the Statutes. Section 9(2) Subject to this Charter, the Council may, on the recommendation of the Senate, cancel or withdraw such certificates, diplomas and degrees, including honorary degrees, or any other awards as may be provided for in the Statutes.

Section 10. Awards of Scholarships Section Subject to this Charter, the University may award scholarships, fellowships, bursaries, prizes and other awards which may be provided for by the Statutes.

Section 11. The membership of the University Section 11(1)(a) the Chancellor; Section 11(1)(b) the Council; Section 11(1)(c) the Vice-Chancellor; Section 11(1)(d) the Deputy Vice-Chancellors; Section 11(1)(e) the Principals of Constituent Colleges; Section 11(1)(f) the Principals of Colleges and Campus within the University; Section 11(1)(g) the members of the Senate; Section 11(1)(h) the University Management Board; Section 11(1)(i) the Lecturers; Section 11(1)(j) the Registrars; Section 11(1)(k) the Librarians; Section 11(1)(l) the Corporation Secretary and Chief Legal Officer of the University; Section 11(1)(m) the Finance Officer; Section 11(1)(n) the Dean of Students; Section 11(1)(o) the members of Governing Body of each Constituent College; Section 11(1)(p) the students; Section 11(1)(q) the Alumni; Section 11(1)(r) the non-teaching staff; and Section 11(1)(s) such other persons as may be declared members of the University by the Council on the recommendation of the Senate. Section 11(2) The members of the University shall enjoy such rights and privileges as may be outlined in the Statutes.

Section 12. The Chancellor Section 12(1) There shall be a Chancellor of the University who shall be appointed and hold office in accordance with the Act. Section 12(2)(a) shall be the titular head of the University and shall, in the name of the University confer degrees and grant diplomas, certificates and other awards of the University; Section 12(2)(b) may from time to time, direct an inspection of the University or an inquiry into the teaching, research or any other work of the University; Section 12(2)(c) may arrange for visitation into the general administration and organization of the University in such a manner as may be provided by the statutes; Section 12(2)(d) may from time to time give advice to the Council which he considers necessary for the betterment of the University; and Section 12(3) The Chancellor shall enjoy such powers and privileges and perform such other functions as may be provided by the statutes.

Section 13. The Council Section 13(1) There shall be a Council of the University whose members shall be appointed in accordance with the Act. Section 13(2)(a) the Chairperson who shall be appointed by the President; Section 13(2)(b) the Principal Secretary in the Ministry for the time being responsible for the university education; Section 13(2)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 13(2)(d) five members appointed by the Cabinet Secretary through an open process in such a manner as may be prescribed in the guidelines issued by the Cabinet Secretary; and Section 13(2)(e) the Vice-Chancellor or, in the case of a Constituent College, the Principal of such College, shall be an ex officio member of the Council. Section 13(3) Subject to this paragraph, a member of the Council, other than an ex officio member, shall hold office for a term of three years and shall be eligible for re- appointment for one further term. Section 13(4) The members of Council other than the ex officio members shall at the first meeting after their appointment determine by lot which of their number shall vacate office after a period of three and four years...

Section 14. Students’ Association Section There shall be a Students’ Association established in accordance with the Statutes.

Section 15. The Alumni Association Section 15(1) There shall be an Alumni Association of the University which shall consist of graduates of the University and such other persons as may be prescribed by the Statutes. Section 15(2) The Alumni Association shall have the right to meet and discuss any matter relating to the University and transmit resolutions thereon to the Council or the Senate, and may exercise such other functions as the Statutes may prescribe. Section 15(3) The Senate shall propose rules for consideration by the Council regarding establishment and promotion of the Alumni Association.

Section 16. The Vice-Chancellor Section 16(1) There shall be a Vice-Chancellor of the University who shall be appointed in accordance with the Act. Section 16(2)(a) be the academic and administrative head of the University; Section 16(2)(b) have overall responsibility of the direction, organization, administration and programmes of the University; and Section 16(2)(c) have such responsibilities and duties as may be provided for in this Charter and the Statutes. Section 16(3) The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one a further term.

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 Principal of each Constituent College; Section 17(1)(d) the Principal of each College and Directors of Campuses of the University; Section 17(1)(e) the Finance Officer; Section 17(1)(f) the Registrars; Section 17(1)(g) the Deans of Faculties, Schools, Institutes, Centres and other academic units that admit students; Section 17(1)(h) the Chairpersons of Departments; Section 17(1)(i) the Professors of the University; Section 17(1)(j) the members elected by the Academic Board or equivalent body of each Constituent College from amongst its members; Section 17(1)(k) the University Librarian; Section 17(1)(l) the Dean of Students; Section 17(1)(m) the Directors for the time being responsible for various units in the University; Section 17(1)(n) one representative of each of the staff union; Section 17(1)(o) two members elected by the Students’ Association, who shall however not be entitled to attend deliberations of the Senate considered by the Chairperson to be confidential or which relate to examinations, the general discipline of...

Section 18. The University Management Board Section 18(1) There shall be a University Management Board which shall function as provided for in this Charter and the Statutes. Section 18(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 18(2)(b) the Deputy Vice-Chancellors; Section 18(2)(c) the Principals of Colleges within the University; Section 18(2)(d) the Registrars; Section 18(2)(e) the Finance Officer; Section 18(2)(f) the Corporation Secretary and Chief Legal Officer; Section 18(2)(g) the Dean of Students; and Section 18(2)(h) such other member of Senior Management as the Council may determine in accordance with the Statutes. Section 18(3) The Chairperson of the Management Board may invite other officers of the University to attend management board meetings when specific matters pertaining to their departments or offices are being discussed and such officers shall be in attendance but not be eligible to vote. Section 18(4)(a) the efficient management of the human, physical, and financial resources of the University; Section 18(4)(b) ensuring that resources are available to various units of the University to ensure efficient operations; Section 18(4)(c) making p...

Section 19. Deputy Vice-Chancellors Section 19(1) There shall be such number of Deputy Vice-Chancellors as may be appropriate, who shall be appointed in accordance with the Act and who shall be under general authority of the Vice-Chancellor and shall exercise such powers and performs such duties as may be provided for by the Statutes; Section 19(2) A Deputy Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term.

Section 20. Principals of Constituent Colleges Section 20(1) The Principal of a constituent college shall be appointed in accordance with the Act and shall be the academic and administrative head of such college. Section 20(2) The Principal shall hold office upon such terms and for such period as may be provided for by the Statutes and shall be eligible for re-appointment for one further term.

Section 21. Principals of Colleges and Campuses within the University Section 21(1) The Council shall appoint for each college a Principal and for each campus a Director in accordance with the Statutes. Section 21(2) The Principal or campus Director shall be the academic and administrative head of the college or campus, as the case may be 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(3) The Principal and the campus director shall hold office for such period as may be specified in the Statutes.

Section 22. Staff of the University Section 22(1) The Senior Management Staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of Colleges of the University, and such other members of staff as the Council may determine from time to time. Section 22(2) The Teaching Staff of the University shall consist of the all members of staff who are engaged in teaching, research or extension in the University. Section 22(3) The Administrative Staff of the University shall consist of the Registrars, the Directors, the Finance Officer and such other members of staff not engaged in teaching or research, as the Council may determine from time to time. Section 22(4) The Technical Staff of the University shall consist of the staff engaged in laboratory, field instruction, workshops and such similar areas in the teaching departments under the general direction of the heads of such teaching departments, and as the Council may determine from time to time. Section 22(5) The support staff of the University shall consist of the staff engaged in general duties and such other persons as the Council may determine from time to time. Section 22(6)(a) in the man...

Section 23. Convocation Section 23(1) There shall be a Convocation of the University which shall consist of graduates of the University and such other persons as may be prescribed by the Statutes. Section 23(2) The Convocation shall have the right to meet and discuss any matter relating to the University and transmit its resolutions thereon to the Council and the Senate, and may exercise such other functions as the Statutes may prescribe.

Section 24. Performance of Functions in the absence of Office holder 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 Chairperson of the Council after consultation with the Chancellor may appoint a Principal of any of the colleges of 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, and the Principals of Colleges of the University, the Chancellor after consultation with the Chairperson of 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 eve...

Section 25. Financial Year Section 25(1) The financial year of the University shall be the period of twelve months commencing on 1st of July and ending on 30th of June in the following year. Section 25(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 financial year.

Section 26. Funds of the University Section such sums as may be granted to the University by the Exchequer;

Section 27. Investments of Funds Section 27(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 27(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 28. Annual Estimates Section 28(1) Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University for that year. Section 28(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 28(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 28(2)(c) for the proper maintenance of the buildings and grounds of the University; Section 28(2)(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University; Section 28(2)(e) for the funding of the cost of teaching, research and outreach activities of the University; Section 28(2)(f) for development purposes; and Section 28(2)(g) for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit. Section 28(3) The annual estimates shall be approved by the Council before the commencement of t...

Section 29. Accounts and Audit Section 29(1) The Council shall cause to be kept all proper books of accounts of the income, expenditure and assets of the University. Section 29(2)(a) a statement of income and expenditure during that financial year; and Section 29(2)(b) a statement of the assets and liabilities of the University on the last day of that financial year. Section 29(3) The accounts of the University shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B) and any other relevant law. Section 29(4) The Auditor-General may transmit to the Cabinet Secretary a special report on any matters incidental to his powers under this Charter, and the Public Audit Act (Cap. 412B).

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 Common Seal of the University shall be kept in such custody and used only as the Council shall direct. Section 31(3) The Common Seal of the University shall be authenticated by the signatures of the Vice-Chancellor and any other person duly authorized by the Council. Section 31(4) The Common Seal of the University when affixed to any document and duly authenticated shall be judicially noticed, and unless and until the contrary is proved, any order or authorization of the Council under this paragraph shall be presumed to have been duly given. Section 31(5) All documents other than those required by law to be under Seal, made on behalf of the Council and all decisions of the Council shall be under the hand of the Chairperson, the Vice-Chancellor or the respective Deputy Vice-Chancellor or any other member of the Council duly authorized by the Council on its behalf. Section 31(6) The Mace shall be kept in such cus...

Section 32. Statutes Section 32(1)(a) the establishment of Campuses, Colleges, Faculties, Schools, Institutes, Centers, and Departments of the University; Section 32(1)(b) the description of degrees, diplomas, certificates and other academic qualifications; Section 32(1)(c) the requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications; Section 32(1)(d) the conduct of examinations; Section 32(1)(e) prescribing fees and other charges; Section 32(1)(f) setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of staff of the University; Section 32(1)(g) the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; Section 32(1)(h) prescribing the rules and regulations for the students’ organizations; Section 32(1)(i) providing for or prescribing anything, which, under this Charter, may be provided for by the Statutes; Section 32(2) Notwithstanding subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of the Chan...

Section 33. Protection of Name Section 33(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 "Kaimosi Friends", together with the word "University", unless the application for the registration is accompanied by the written consent of the Council. Section 33(2) Any person who except with the written consent of the Council, uses the words "Kaimosi Friends", together with the word "University", 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 three million shillings, or to imprisonment for a term not exceeding three years, or to both. Section 33(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 her/him of a degree, diploma or certificate by the University subject to the Act.

Section 34. Revocation of Kaimosi Friends University CollegeLegal Notice No. 87 of 2015 Section 34(1) The Kaimosi Friends University College (L.N. 87/2015) is revoked. Section 34(2) Notwithstanding subparagraph (1), all agreements, 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, so far as not inconsistent with this Charter, be deemed to have been given, taken, done or acquired under this Charter.

Section 35. Transitional Section 35(1) Notwithstanding the provisions of this Charter, the persons constituting the Council of Kaimosi Friends University College shall continue to discharge responsibilities and exercise such powers and functions as set out in the Legal Notice until the Council of Kaimosi Friends University is appointed. Section 35(2) The University Council may make Statutes for Kaimosi Friends University under this Charter and the Statutes so made shall be deemed to be made under this Charter. Section 35(3) The persons occupying the positions of the Principal and the Deputy Principals of Kaimosi Friends University College shall continue to discharge their responsibilities and exercise such powers as acting Vice-Chancellor and acting Deputy Vice-Chancellors respectively of Kaimosi Friends University as set out in the Act and the Statutes of Kaimosi Friends University until the Vice-Chancellor and other officers of the University are appointed and assume office. Section 35(4)(a) to continue and be awarded a degree of the Kaimosi Friends University; or Section 35(4)(b) be awarded a degree of the Masinde Muliro University of Science and Technology. Section 35(5)(a) the...

Section 36. Variation and Revocation of this Charter Section This Charter may be varied, amended or revoked in accordance with the Act.