The Charter for Kenyatta University

Section 1. Short title. Section This Charter shall be cited as the Kenyatta University Charter.

Section 2. Interpretation Section In this Charter, unless the context requires otherwise: "Academic Programmes" means academic programmes as provided for in the Statutes; "Act" means the Universities Act (Cap. 210); "Alumni Association" means alumni association as established under Section 20 of this Charter; "Alumni" means the graduates of the University and such other persons as may be declared to be Alumni by the Statutes of the University; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to University education; "Campus" means Campus of the University as established under the Statutes; "Centre" means a Centre of the University established by the Statutes; "Chairperson of Council" means the Chairperson of Council as appointed and provided under Section 13 of this Charter; "Chancellor" means the Chancellor of the University appointed under Section 12 of this Charter; "Charter" means the Kenyatta University Charter; "Chief Finance Officer" means a person appointed to be the Chief Finance Officer of the University as provided for in the Statutes; "Chief Legal Officer" means a person appointed to be the Chief Legal Officer of the Uni...

Section 3. Establishment and Incorporation of the University. Section 3(1) There is hereby established a university to be known as Kenyatta University in accordance to the provisions of 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 provision of this Charter which may be done by a body corporate. Section 3(3) The University shall be the successor to the Kenyatta University Constituted under the Kenyatta University Act (Cap 210C) of 1985 (and as amended by Act No. 6 of 1991 of the Laws of Kenya (now Repealed). Section 3(4) All rights, liabilities and assets held by or by anybody on behalf of the Kenyatta University, existing at the commencement of this Charter, shall be automatically and fully transferred to the University.

Section 4. Vision Statement. Section 4(1) The vision of Kenyatta University is to be a dynamic, inclusive and competitive centre of excellence in teaching, research and service to humanity. Section 4(2) Mission Statement: The mission of Kenyatta University is to provide quality education and training, promote scholarship and innovation for sustainable individual and societal development. Section 4(3) Identity Statement: Kenyatta University is a community of scholars committed to the generation and dissemination of knowledge and cultivation of creativity for the welfare of society. Section 4(4) Philosophy Statement: Kenyatta University’s philosophy is sensitivity and responsiveness to societal needs and the right of every person to knowledge. Section 4(5)(a) truth Section 4(5)(b) excellence Section 4(5)(c) creativity Section 4(5)(d) self-reliance Section 4(5)(e) innovativeness Section 4(5)(f) integrity Section 4(5)(g) academic Freedom Section 4(5)(h) service to Humanity Vision Statement.

Section 5. Functions and Objectives of the University. Section 5(1)(a) provide directly, or in collaboration, with other institutions of higher learning, facilities for technological, professional, and scientific education; Section 5(1)(b) advance knowledge and its practical application by research and other means; Section 5(1)(c) disseminate the outcomes of research by various means, and commercially exploit the results of such research; Section 5(1)(d) participate in technological innovation as well as in the discovery, transmission and enhancement of knowledge; Section 5(1)(e) to stimulate the intellectual life in the economic, social, cultural, scientific, and technological development; Section 5(1)(f) contribute to industrial and technological development of society in collaboration with industry and other organizations; Section 5(1)(g) make proposals for new programmes of study including those that culminate with degrees, diplomas and certificates; Section 5(1)(h) make proposals for the establishment of constituent colleges, campus colleges, colleges, campuses, schools, faculties, directorates, institutes, departments, centres, and other resource and administrative units as m...

Section 6. Establishment of Colleges within the University. Section 6(1) The Colleges specified in the Statutes are declared to be colleges established within the University. Section 6(2) 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 6(3) A College established within the University shall consist of such Campuses, schools, faculties, directorates, institutes or centres as may be provided for by the Statutes. Section 6(4) The Colleges set out in the Statutes shall be deemed to be the Colleges of the University established in accordance with this Charter, provided that the Council may amend the Statutes from time to time on recommendation of Senate.

Section 7. Establishment of Constituent Colleges. Section The Cabinet Secretary may, on the advice of the Council and the 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 8. Conferment, Granting, Cancellation and Withdrawal of Degrees, Diplomas, Certificates and other Awards. Section 8(1)(a) grant Diplomas or Certificates or other awards; Section 8(1)(b) confer the degrees of Bachelor, Master and Doctorate and such other degrees as may be provided for by the Statutes; and Section 8(1)(c) confer honorary degrees 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 Conferment, Granting, Cancellation and Withdrawal of Degrees, Diplomas, Certificates and other Awards endeavour worthy of such a degree or academic distinction. Section 8(2) Subject to this Charter, the University Council on the recommendation of Senate may cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards as may be provided for in the Statutes.

Section 9. 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 10. Membership of the University. Section the Chancellor;

Section 11. The Governance of the University. Section 11(1) Instruments of Governance— Subject to the provisions of the University Act, the University shall be governed in accordance with the provisions of this Charter granted under the Act and the Statutes made by the council. Section 11(2)(a) the University Council; Section 11(2)(b) the Senate of the University; Section 11(2)(c) the University Management Board.

Section 12. The Chancellor. Section There shall be a Chancellor of the University who shall be appointed and hold office in accordance to the provisions of the Act.

Section 13. Chairperson of Council. Section There shall be a Chairperson of Council of the University who shall be appointed according to the provisions of the Act; The Chairperson of Council shall hold office for a period of three years, provided that the person so appointed shall be eligible for re-appointment for a further one term.

Section 14. Vice-Chancellor. Section 14(1) There shall be a Vice-Chancellor of the University who shall be appointed according to the provisions of the Act. Section 14(2)(a) be the academic and administrative head of the University; Section 14(2)(b) have the overall responsibility for the direction, organization, administration and programmes of the university; Section 14(2)(c) be the accounting and authorized officer of the University; and Section 14(2)(d) have such powers and duties as may be provided for by the Statutes. Section 14(3) The Vice-Chancellor of the university shall hold office for a term of five years and shall be eligible for a further term of five years. Section 14(4) The terms and conditions of service of the Vice-Chancellor shall be provided for by the Statutes as determined by the Council.

Section 15. The Deputy Vice-Chancellors. Section 15(1) The Council shall appoint two or more Deputy Vice- Chancellors, who 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 15(2) A Deputy Vice-Chancellor shall hold office for a period of five years and shall be eligible for re-appointment for one further term.

Section 16. The Principals of Colleges within the University. Section The Council shall, for each college within the University, appoint a Principal 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. The Principal shall hold office upon such terms and for such period as may be provided for by the Statutes and upon expiration of that period shall be eligible for re-appointment for one further term.

Section 17. The Council. Section 17(1)(a) the Chairperson of Council; Section 17(1)(b) Principal Secretary in the Ministry for the time being responsible for university education; Section 17(1)(c) Principal Secretary in the Ministry for the time being responsible for Finance; Section 17(1)(d) Five members appointed by the Cabinet Secretary through an open process as provided for by the Act; and Section 17(1)(e) the Vice-Chancellor who shall be the secretary to the Council and an ex officio member. Section 17(2) Subject to this Section, 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 re-appointment once. Section 17(3) The members of the Council other than the ex officio member, and Principal Secretaries shall at the first meeting after their appointment determine by lot which two of their number shall vacate office after a period of three and four years respectively to ensure continuity in the activities of the Council as provided for in the Act; Section 17(4)(a) if, not being an ex officio member, the member resigns his/her office by writing under his/her hand addressed to the Cabinet Secretary and c...

Section 18. The 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 Principals of each constituent college; Section 18(1)(d) the Principals of each college within the University; Section 18(1)(e) Registrars; Section 18(1)(f) Executive Deans; Section 18(1)(g) Directors of Campuses; Section 18(1)(h) Chairpersons of Departments; Section 18(1)(i) One Professor representing each college; Section 18(1)(j) The Chief University Librarian; Section 18(1)(k) Chief Finance Officer; Section 18(1)(l) Director of Student Affairs; Section 18(1)(m) Director Information, Communication and Technology services (ICT); Section 18(1)(n) two members elected by the students’ organization, who shall not be entitled to attend deliberations of the Senate on matters which are considered by the Chairperson of the Senate to be confidential or which relate to examinations, the general discipline of students, and other related matters; and Section 18(1)(o) such other member as Council may determine in accordance with the Statutes. Section 18(2) The Deputy Vice-Chancellor in charge of Academic affairs shall be the secretary t...

Section 19. Students’ Organization. Section There shall be a students’ organization as provided for in the Statutes.

Section 20. The Alumni Association. Section 20(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 declared by the Statutes; Section 20(2) An Alumni Association shall act as an interactive forum for the members specified under subsection 20(1) and perform such other functions as may be specified in the Statutes.

Section 21. The Kenyatta University Foundations. Section 21(1) There shall be a Kenyatta University Foundation whose mandate shall be to fundraise in support of the University’s Vision and Mission. Section 21(2) The University may establish other Foundations to cater for specific programmes as shall be provided for in the Statutes.

Section 22. The University Management Board. Section 22(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 22(1)(b) the Deputy Vice-Chancellors; Section 22(1)(c) the Registrars; Section 22(1)(d) the Chief Finance Officer; Section 22(1)(e) the Chief Legal Officer; and Section 22(1)(f) such other member of senior management as the Council may determine and as provided for in the Statutes. Section 22(2)(a) the management of urgent day-to-day academic, administrative, research, developmental and outreach issues; Section 22(2)(b) the efficient management of the human, physical, and financial resources of the University; Section 22(2)(c) coordination of University and colleges strategic and development plans; Section 22(2)(d) make proposals to Senate and Council on issues that have University-wide application; Section 22(2)(e) receive proposals from different sectors of the University for recommendation for Council consideration; Section 22(2)(f) the implementation of Council and Senate approved policies; and Section 22(2)(g) Any other matters related to the management of the University.

Section 23. The Convocation. Section There shall be Convocation of the University which shall consist of graduates of the University and such other persons as may be prescribed by the Statutes. 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 the Statutes may prescribe.

Section 24. The Staff of the University. Section 24(1) The staff of the Kenyatta University existing prior to the commencement of this Charter, including those on secondment and contract, shall be deemed to be employees of the University immediately upon the effective date of the University Charter subject to the Statutes and the provisions of the Act. Section 24(2) The teaching staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, Registrars, the Principals of colleges within the University and all members of staff who are engaged in teaching and research. Section 24(3) The senior management staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges of the University, Registrars, Chief Finance Officer and such other members of staff as the Council may from time to time determine. Section 24(4) The Non-teaching staff is any member of staff of the University who is not engaged as a teaching staff under his/her terms of appointment. Section 24(5) The technical staff of the University shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environs...

Section 25. Performance of Functions in Absence of Office Holder. Section 25(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 for a maximum continuous period of one hundred and eighty calendar days. Section 25(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Chancellor after consultation with the Chairperson of the Council may appoint one of the Principals of the colleges within the University to perform the functions of the Vice-Chancellor during the incapacity for a maximum continuous period of one hundred and eighty calendar days. Section 25(3) In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges within the University, the Chancellor after consultation with the Chairperson of the Council may appoint a member of the Teaching staff at the level of professor to perform the functions of the Vice-Chancellor during the incapacity for a maximum continuous period of one hundred and eighty calendar days. Section...

Section 26. Fiscal Year. Section 26(1) The fiscal year of the University shall be the period of twelve months commencing on the 1 July and ending on 30 June in the following year. Section 26(2) In the event of any change in the fiscal year, and for the purposes of the transition from the old financial year to a new fiscal 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 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 Treasury may, from time to time, approve. Section 27(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.

Section 28. Annual Estimates. Section 28(1) Before the commencement of a fiscal year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University for that year. Section 28(2)(a) or 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 but 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) Annual estimates shall be approved by the Council before the commencement of the fisc...

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 year; and Section 29(2)(b) a statement of the assets and liabilities of the University on the last day of that 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). Section 29(4) The Auditor-General may transmit to the Cabinet Secretary for the time being responsible for university education a special report on any matters incidental to his powers under this Charter, and Section 229 of the Constitution and Section 24 of the Public Audit Act (Cap. 412B) shall apply to any report submitted.

Section 30. The Common Seal. Section 30(1) The common seal of the University shall be kept in such custody and used only as the Council shall direct. Section 30(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. 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 Section shall be presumed to have been duly given.

Section 31. The Statutes. Section 31(1)(a) establishment of colleges, campuses, schools, faculties, institutes, directorates, foundations and centres of the University; Section 31(1)(b) description of degrees, diplomas, certificates and other academic qualifications; Section 31(1)(c) requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications; Section 31(1)(d) conduct of examinations; Section 31(1)(e) prescribing fees and other charges; Section 31(1)(f) prescribing the rules and regulations for the conduct and organisation of student affairs; Section 31(1)(g) setting the terms and conditions of service, including the appointment, staff development, dismissal and recommendation of retirement benefits of the members of staff of the University; Section 31(1)(h) constitution and procedure of meetings of the Council and Senate, the establishment, composition and terms of reference of committees of the Council and the Senate; and Section 31(1)(i) providing for or prescribing anything, which, under this Charter may be provided for or prescribed by Statutes. Section 31(2) Notwithstanding subsection (1), the Council shall not make, amend or re...

Section 32. Protection of Name. Section 32(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 "University", or "Kenyatta" together in any order, unless the application for the registration is accompanied by the written consent of the Council. Section 32(2) Any person who except with the written consent of the Council, uses the word "University", or "Kenyatta" 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 32(3) Notwithstanding the foregoing, 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 her/him of a degree, diploma or certificate by the University.

Section 33. Repeal and Savings: The Kenyatta UniversityLegal Notice No. 10 of 1985. Section 33(1) The Kenyatta University Act No. 10 of 1985 (and as amended by Act No. 6 of 1991 ) referred to as the former Act is repealed by Section 71 (i)(c) of the Universities Act (Cap. 210). Section 33(2) Notwithstanding the repeal of the Kenyatta University Act of 1985, all Charters, directions, orders, appointments, requirements, authorizations, other things given, taken or done under, and all funds, assets and other property acquired in virtue of, that Act, shall, so far as not inconsistent with this Charter, be deemed to have been given, taken, done or acquired under this Charter. Section 33(3) Notwithstanding the provisions of this Charter, the persons constituting the Council of Kenyatta University shall continue to discharge responsibilities and exercise such powers and functions as set out in the Act until the Council of Kenyatta University under this Charter is appointed. Section 33(4) The Kenyatta University Act of 1985 in force immediately prior to the commencement of this Charter shall continue in force but may be amended or revoked by a statute or regulations made under this Charter...

Section 34. Transition. Section 34(1) There shall be a transition period to provide for the full implementation of the Charter and appointment by the Cabinet Secretary of the Council of Kenyatta University upon the commencement of this Charter. Section 34(2)(a) the Council of Kenyatta University shall continue to be in place and shall function as the Council of the University until such time that the substantive Council shall have been appointed; Section 34(2)(b) the Council of Kenyatta University may make Statutes for the University under this Charter and the Statutes so made shall be deemed to have been made under this Charter; and Section 34(2)(c) the persons who immediately before the commencement of this Act is a Chancellor, Vice Chancellor, Principals of constituent colleges and members of council of Kenyatta university shall continue to discharge their responsibilities and exercise such powers as provided for in the Act Notwithstanding the foregoing, the provisions of Sections 79, 80 and 81 of the Universities Act (Cap. 210) shall apply mutatis mutandis to the provisions of this Charter.

Section 35. Variation and Revocation of the Charter. Section This Charter may be varied or revoked in accordance with Section 22 of the Universities Act (Cap. 210).