The Charter for Kisii University

Section 1. Short title Section This Charter may be cited as the Kisii 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 V to XV, who is appointed for general purposes of performing duties related to general management and administration of the University; "alumni” means persons who are former students of the University or Egerton University (Kisii University College), Egerton University (Kisii Campus) and Former Kisii Teachers' College who completed an approved programme of study and qualified for the award of a degree, diploma or certificate; "Alumni Association" means the organization of all graduates and former students of the University established under section 22 of this Charter; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for university education; "Campus" means a campus established under section 8 of this Charter; "Chairperson" means the Chairperson of Council of the University as appointed under section 14 of this Charter; "Chancellor” means the Chancellor of the University as appointed under section 13 of this Charter; "College" means a C...

Section 3. Establishment and Incorporation of the University Section 3(1) There is hereby established a University to be known as Kisii University in accordance with 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 functions 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 Kisii University College constituted under the Kisii University College Order. Section 3(4) Subject to this Charter, all rights, liabilities and assets held on behalf of the Kisii University College, existing at the commencement of this Charter, shall be automatically and fully transferred to the University.

Section 4. Vision and Mission Section 4(1) The Vision of the university is to be a World Class University in the advancement of academic excellence, research and social welfare. Section 4(2) The Mission of the University is to train human resource that meets the development needs of the country and international labour market, sustain production of quality and relevant research, disseminate knowledge, skills, values and competencies for the advancement of humanity.

Section 5. Philosophy Section The University is anchored in the philosophy of creative, scientific, technological, innovative and critical thinking responsive to societal needs and service to humanity.

Section 6. Aims Section produce competent graduates;

Section 7. Functions Section 7(1)(a) provide directly, or in collaboration with other institutions, facilities for technological, professional, and scientific education; Section 7(1)(b) advance knowledge and its practical application by research, innovation, extension and other means; Section 7(1)(c) disseminate the outcomes of research by various means, and commercially exploit the results of such research; Section 7(1)(d) participate in technological innovation as well as in the discovery, transmission and enhancement of knowledge and to stimulate the intellectual life in the economic, social, cultural, scientific, and technological development; Section 7(1)(e) contribute to industrial and technological development of society in collaboration with industry and other organizations; Section 7(1)(f) make proposals for new programmes of study including those that culminate with degrees, diplomas and certificates; Section 7(1)(g) make proposals for the establishment of colleges, campuses, faculties, schools, institutes, departments, and other resource and administrative units as may be appropriate from time to time; Section 7(1)(h) inculcate a culture of innovation in science, technol...

Section 8. Establishment of Colleges and Campuses 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 under the Statutes. Section 8(2) A college or campus established within the University shall consist of such faculties, schools, institutes, centres, departments and other resource and administrative units as may be provided for under the Statutes.

Section 9. 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 10. Conferment, Granting, Cancellation and Withdrawal of Degrees and Other Awards Section 10(1)(a) grant diplomas or certificates or other awards as may be provided under the Statutes; Section 10(1)(b) confer the degrees of Bachelor, Master and Doctor and such other degrees as may be provided for under the Statutes; and Section 10(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 endeavour worthy of such a degree or academic distinction as may be provided for under the Statutes. Section 10(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 under the Statutes.

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

Section 12. Membership of the University Section 12(1)(a) the Chancellor; Section 12(1)(b) the Chairperson of Council; Section 12(1)(c) the Vice-Chancellor; Section 12(1)(d) the Deputy Vice-Chancellors; Section 12(1)(e) the Principals of Constituent Colleges; Section 12(1)(f) the Principals of Colleges and Campuses within the University; Section 12(1)(g) the Registrars; Section 12(1)(h) the University Librarian; Section 12(1)(i) the Finance Officer; Section 12(1)(j) the Chief Legal Officer; Section 12(1)(k) the members of the Council; Section 12(1)(l) the members of the Senate; Section 12(1)(m) the Lecturers; Section 12(1)(n) the students; Section 12(1)(o) the non-teaching staff of the University; Section 12(1)(p) the members of the Alumni Association; and Section 12(1)(q) such other members of staff of the University or any other body formally admitted into association with the University, as the Council may from time to time determine. Section 12(2) The members of the University shall enjoy such rights and privileges as may be outlined Under the Statutes.

Section 13. Chancellor Section 13(1) There shall be a Chancellor of the University who shall be appointed by the President in accordance with the provisions of the Act. Section 13(2) The functions of the Chancellor and tenure of office shall be in accordance with the provisions of the Act. Section 13(3) The Chancellor shall enjoy such powers and privileges, and perform such other functions as may be provided under the Statutes.

Section 14. Chairperson of the Council Section 14(1) There shall be a Chairperson of the Council who shall be appointed in accordance with the provisions of the Act. Section 14(2) The Chairperson of the 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 15. Vice-Chancellor Section 15(1) There shall be a Vice-Chancellor of the University who shall be appointed in accordance with the provisions of the Act. Section 15(2) The Vice-Chancellor shall hold office for a period of five years and shall upon the expiration of the period be eligible for reappointment for a further one term.

Section 16. Deputy Vice-Chancellor Section 16(1) The Council shall appoint two or more Deputy Vice-Chancellors, through a competitive process. Section 16(2) The Deputy Vice-Chancellor shall, under the general direction of the Vice-Chancellor, exercise such powers and perform such duties as may be provided by the statutes. Section 16(3) A Deputy Vice-Chancellor shall hold office for a period of five years and shall be eligible for re-appointment for a further term of five years.

Section 17. Principals of Colleges and Campuses Section 17(1) The Council shall appoint for each college and campus a Principal. Section 17(2) A Principal shall be the academic and administrative head of the campus or college and shall, under the general authority of the Vice-Chancellor, have such other powers and duties as may be provided for under the Statutes. Section 17(3) The Principal shall hold office for a period of five years and shall upon expiration of that period be eligible for re-appointment for a further one term of five years.

Section 18. Principals of Constituent Colleges Section 18(1) The Principal of a Constituent College shall be appointed in accordance with the provisions of the Act. Section 18(2) The Principal shall hold office for a period of five years and shall upon expiration of that period be eligible for re-appointment for a further one term.

Section 19. Council Section 19(1) There shall be a Council of the University whose members shall be appointed in accordance with the provisions of the Act. Section 19(2) The member of the Council, other than an ex officio members, shall hold office for a period of three years, and shall be eligible for reappointment. Section 19(3)(a) if, not being an ex officio member, the member resigns from office in writing addressed to the Vice-Chancellor; Section 19(3)(b) if the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the functions of the office; and Section 19(3)(c) upon death of the member. Section 19(4) Where the office of a member of the Council becomes vacant, the Vice-Chancellor shall in writing notify the Cabinet Secretary of the vacancy. Section 19(5) The procedure, conduct and regulation of the affairs of the Council shall be determined in accordance with this Charter and the Statutes. Section 19(6) The Council shall exercise prudent leadership, innovative enterprise, and good judgment in directing the University and shall always steer it in the best interest of the University.

Section 20. Functions of the Council Section subject to the provisions of the Act and after consultation with the Senate, make rules and regulations;

Section 21. Senate Section 21(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 21(1)(b) the Deputy Vice-Chancellors; Section 21(1)(c) the Principals of each constituent college; Section 21(1)(d) the Principals of each college and campus within the University; Section 21(1)(e) all the Deans of faculties and Schools, the Directors of Institutes and Centres and other academic units; Section 21(1)(f) the Chairpersons of Departments; Section 21(1)(g) full professors of the University; Section 21(1)(h) 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 21(1)(i) the University Librarian; Section 21(1)(j) one representative of each of the college and campus academic boards appointed by the respective boards from amongst its members; Section 21(1)(k) one representative of each of the school academic boards appointed by the respective boards from amongst its members; Section 21(1)(l) the Dean of students; Section 21(1)(m) the head of information, communication and technology services of the University; Section 21(1)(n) the Director of Technical, Vocational Education and Traini...

Section 22. Students’ Association Section There shall be a Students' Organization established in accordance with the Statutes.

Section 23. Alumni Association Section 23(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 determined by the Statutes. Section 23(2)(a) to bring together graduates and former students of the University. Section 23(2)(b) to engage in fund raising activities to assist the University; and Section 23(2)(c) to promote the University's welfare and image. Section 23(3) The Alumni Association shall govern the conduct of its own proceedings. Section 23(4) The Alumni Association shall act as an interactive forum for its members and may perform such other functions in accordance with the provisions of the Act and the Statutes.

Section 24. University Management Board Section 24(1) There shall be a University Management Board which shall function as the Executive Board as provided for in the provisions of the Act and the Statutes. Section 24(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 24(2)(b) the Deputy Vice-Chancellors; Section 24(2)(c) the Principals of Colleges and campuses within the University; Section 24(2)(d) the Registrars; and Section 24(2)(e) the Finance Officer. Section 24(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 24(4)(a) be responsible for the efficient management of the human, physical and financial resources of the University; Section 24(4)(b) coordinate and control the development, planning, management and administration of the University and its. resources in accordance with approved policies, rules and regulations; Section 24(4)(c) submit proposals to the University Council concerning annual financial estimates, development pri...

Section 25. Staff of the University Section 25(1) The teaching staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges within the University, the University Librarian and all members of staff who are engaged in teaching and research. Section 25(2) The senior management staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges and campuses of the University, Registrars and Finance Officer. Section 25(3) The administrative staff of the University shall consist of the Registrars, Finance Officer, the directors not being engaged in teaching or research and such other members of staff engaged in general administration as the Council may, from time to time determine. Section 25(4) The technical staff of the University shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, and as the Council may from time to time determine. Section 25(5) The support staff of the University shall consist of those staff engaged in general d...

Section 26. Performance of functions in the event of incapacity of the office holders Section 26(1) In the event of incapacity of the Chancellor, the President may appoint a person to form functions of the Chancellor for a period of three months. Section 26(2) In the event of incapacity of the Vice-Chancellor, the Cabinet Secretary on the recommendation of the Council may appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor for a period of three months. Section 26(3) In the event of simultaneous incapacity of the Vice-Chancellor and all the Deputy Vice-Chancellors, the Chairperson of the Council, in consultation with the Chancellor, may appoint a member of the academic staff of the University to perform the functions of the Vice-Chancellor for a maximum period of three months. Section 26(4) In the event of incapacity of any member of staff of the University other than the Vice-Chancellor, the Vice-Chancellor may appoint a suitable person to perform the functions of the said officer for a period of three months. Section 26(5) In this section, "incapacity" means absence from Kenya or inability for any other reason to perform the functions of th...

Section 27. Financial Year Section 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 28. Common Seal Section 28(1) The Common Seal of the University shall be kept in such custody and used only as the Council shall direct. Section 28(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 28(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 section shall be presumed to have been duly given.

Section 29. Statutes Section 29(1)(a) establishment of colleges, campuses, faculties, schools, institutes and centres of the University; Section 29(1)(b) description of degrees, diplomas, certificates and other academic qualifications; Section 29(1)(c) requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications; Section 29(1)(d) conduct of examinations; Section 29(1)(e) prescribing fees and other charges; Section 29(1)(f) prescribing the rules and regulations for the conduct and organisation of student affairs; Section 29(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 29(1)(h) constitution and procedure of meetings of the Council, the Senate, and the University Management Board and provide for the establishment, composition and terms of reference of their respective committees; and Section 29(1)(i) providing for or prescribing anything, which, under this Charter may be provided for or prescribed by Statutes. Section 29(2) Notwithstanding the provisions of subsection (1), the Council shall not make,...

Section 30. Protection of Name Section 30(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 "Kisii" together in any order, unless the application for the registration is accompanied by the written consent of the Council. Section 30(2) Any person who, except with the written consent of the Council, uses the word "University", or "Kisii" 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 Kenya Shillings three million, or to imprisonment for a term not exceeding three years, or to both. Section 30(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 31. Repeal Section 31(1) The Kisii University College Order, 2007 is revoked. Section 31(2) Notwithstanding the revocation of the Kisii University College Order, all acts, 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 32. Transition Section All the students of Kisii University College who were pursuing degree, diploma and certificate programmes as at the commencement date of this Charter, shall be allowed to complete their courses and shall be awarded degrees, diplomas and certificates of the University.

Section 33. Variation and Revocation of this Charter Section This Charter may be revoked or varied in accordance with the provisions of the Act.