The Charter for Lukenya University

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

Section 2. Interpretation Section In this Charter, unless the context otherwise requires— "Act" means the Universities Act (Cap. 210); "administrative staff" means employees of the University; "Alumni Association" means the organization of the past students and stakeholders established in accordance with paragraph 20 of this Charter; "annual estimates" means the estimates prepared in accordance with paragraph 32 in respect of any financial year; "Board of Trustees" means the Board of trustees of Lukenya University Trust established under the Trustee (Perpetual Succession) Act ( Cap 164 ); "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to university education; "Campus" means a campus established by the University pursuant to paragraph 7 of this Charter; "Chancellor" means the Chancellor of the University appointed under paragraph 17 of this Charter; "College" means an academic unit made up of faculties, Schools or institutes, and includes a Constituent College; "Commission" means the Commission for University Education established under the Act; "constituent college" means a semi-autonomous academic unit of the University, establis...

Section 3. Establishment and Incorporation of the University Section 3(1) There is established a University to be known as the Lukenya 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 or 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 corporate body. Section 3(3) The University is the successor of the Lukenya University constituted under a Letter of Interim Authority issued on 16th November, 2015. Section 3(4) Subject to this Charter, all rights, duties, obligations, staff, liabilities and assets of the Lukenya University held by or by or on behalf of the Lukenya University and existing at the commencement of this Charter, shall be automatically and fully transferred to and vest in the University.

Section 4. Vision, Mission, Philosophy and Core Values Section Vision To be a dynamic University committed to excellence in teaching, research, training and community service.

Section 5. Aims, objectives and functions of the University Section 5(1)(a) provide post basic-education training by use of practical pedagogy methodology ideal for each academic programme; Section 5(1)(b) conduct research in collaboration with the industry and other key stakeholders; Section 5(1)(c) develop a world-class higher education learning environment and provide required resources ideal for training, education and research for students, staff, industry and community; Section 5(1)(d) recruit, develop and retain exceptional staff with outstanding teaching and research background and capacity; Section 5(1)(e) develop and implement a university curriculum that inculcates positive attitudes towards work, research, innovation, honesty and self-discipline; Section 5(1)(f) maximize the impact of research and scholarship to students, staff, industry and community; Section 5(1)(g) be at the forefront in the pursuit for market-oriented courses and student-centred methods of study; and Section 5(1)(h) uphold learning, professionalism and employability through the integration of academic theory and relevant professional and vocational practice. Section 5(2)(a) to help students and grad...

Section 6. Establishment of Constituent Colleges Section The Cabinet Secretary may, on the recommendation of the Council, and on the advice of the Commission for University Education, by order published in the Gazette , establish or declare an institution of learning or higher education or any training establishment to be a Constituent College of the University.

Section 7. Establishment of Colleges, Campuses, Faculties, Schools, Institutes and Centres Section 7(1) The Council may, on the advice of the Senate, establish Colleges within the University or campuses to offer training and courses of instruction consistent with its mission and objects whose functions and powers shall be as provided for by the Statutes provided that such campuses shall operate with the approval of the Commission. Section 7(2) A College or campus which is established shall consist of such faculties, schools, institutes or centres as may be provided for by the Statutes.

Section 8. Affiliation and Collaboration with other Institutions Section 8(1) The University is affiliated to Lukenya College and Lukenya Schools. Section 8(2) The affiliation is in ownership, financing and management. Section 8(3) The University may collaborate with any individual, other individual organizations, groups or institutions, government and government agencies; or international organisations as may be provided for in the Statutes.

Section 9. Conferment of Degrees, Grant of Diplomas, Certificates and other Awards Section 9(1)(a) confer Bachelor’s degrees, Master’s degrees, Doctorate degrees and other awards; Section 9(1)(b) grant diplomas, certificates and other academic awards as may be provided for by the Statutes; and Section 9(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 endeavor worthy of such a degree or academic distinction. Section 9(2) Subject to this Charter, the University may award fellowships, scholarships, bursaries and prizes and make other awards as may be provided for in the Statutes.

Section 10. Convocation Section 10(1) There shall be a convocation of the University which shall consist of such members as prescribed by the Statutes. Section 10(2) The convocation shall be convened for purposes of conferment and granting of awards and for such other functions as may be outlined in the Statutes.

Section 11. Withdrawal of Degrees, Diplomas, Certificates and Other Awards Section The Council may, subject to this Charter, and on the recommendation of the Senate, for good cause, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards as may be provided for in the Statutes.

Section 12. Membership of the University. Section the Sponsor;

Section 13. Governance of the University Section the Sponsor;

Section 14. Sponsor Section The Sponsor for the University is Lukenya University Trust established under the Trustee (Perpetual Succession) Act ( Cap. 164 ).

Section 15. The Board of Trustees Section 15(1)(a) appoint members of the Council; Section 15(1)(b) raise funds for the benefit of the University in accordance with any written law or financing arrangement under section 51A of the Act; Section 15(1)(c) promote the objects of the University; Section 15(1)(d) appoint the Chancellor; and Section 15(1)(e) undertake such other function or duties as may be conferred upon the Board of Trustees by relevant legal instrument. Section 15(2) The Board of Trustees may establish a Secretariat to manage the affairs of the Board of Trustees.

Section 16. Chancellor Section 16(1) There shall be a Chancellor of the University who shall be appointed by the Board of Trustees. Section 16(2) The Chancellor shall be a holder of at least a Master’s Degree from a recognized University in a relevant field and having served for a period of not less than twenty years in distinguished positions in either public or private sector. Section 16(3) A person shall be qualified to be appointed as the Chancellor if the person is a distinguished person of good standing in the society. Section 16(4)(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 16(4)(b) may from time to time, recommend to the Board of Trustees a visitation of the University; Section 16(4)(c) may from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the University; Section 16(4)(d) shall enjoy such powers and privileges and perform such other functions as may be provided in the Statutes. Section 16(5)(a) resigns from office by notice in writing addressed to the chairperson of the Board of Tr...

Section 17. The Council Section 17(1)(a) the Chairperson who shall be a distinguished person who holds a minimum of a Master’s degree from a recognized University or its equivalent with over twenty-five-years’ work experience in a corporate environment; Section 17(1)(b) one person of the rank of a Professor in their respective field and a holder of an earned Doctor of Philosophy degree; Section 17(1)(b)(i) one person of the rank of a Professor in their respective field and a holder of an earned Doctor of Philosophy degree; Section 17(1)(b)(ii) an advocate of the High Court of Kenya with ten years post admission experience and a member of the Law Society of Kenya in good standing; Section 17(1)(b)(iii) a financial expert with ten years’ experience and a holder of either a Bachelor of Commerce degree with a CPA (K) or its equivalent or a holder of a Master’s Degree in Economics; Section 17(1)(b)(iv) a banker with over ten years’ experience and a holder of a minimum of a bachelors’ degree in relevant field; Section 17(1)(b)(v) a business professional with a proven record of having started and grown a successful business for not less than ten years; Section 17(1)(b)(vi) a person with o...

Section 18. Students’ Association Section 18(1) There shall be a Students’ Association of the University as provided for in the Act and which shall comprise of all students of the University. Section 18(2)(a) overseeing and planning, in consultation with the Senate and the University Management Board, students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being; Section 18(2)(b) drawing the attention of the appropriate authorities, where necessary, to the special needs of the students; Section 18(2)(c) undertaking such other functions as provided in its governance instruments approved by the Senate; and Section 18(2)(d) undertaking such other functions as provided in its governance instrument as approved by the University Council. Section 18(3) The Senate shall formulate, review and approve a constitution for governing the affairs of the Students’ Association.

Section 19. Alumni Association Section 19(1) The University Management may establish an Alumni Association as provided for in the Act, which shall consist of the graduates of the University and any other persons as may be provided by its constitution, beginning with the first graduation, and such other persons as may be declared to be members by the Council. Section 19(2) The objectives and the governance of the Alumni Association shall be guided by a constitution drawn up by the Alumni of the University. Section 19(3) The constitution of the Alumni Association shall be approved by the Council and shall not be inconsistent with this Charter. Section 19(4)(a) to promote academic and professional excellence; Section 19(4)(b) to encourage unity among the graduates of the University; Section 19(4)(c) to engage in development projects of the University; Section 19(4)(d) to promote the University’s welfare through sponsorship programmes; and Section 19(4)(e) to promote co-operation between the University, community and industry. Section 19(5) The Alumni Association shall be responsible to the Vice-Chancellor.

Section 20. Vice-Chancellor Section 20(1) There shall be a Vice-Chancellor of the University who shall be appointed by the Council. Section 20(2) The terms and conditions of appointment of the Vice-Chancellor shall be as provided for in the Statutes. Section 20(3)(a) have the overall responsibility for the direction, organisation, administration and academic programmes of the University; Section 20(3)(b) be the Chairperson of the Senate and the University Management Board; Section 20(3)(c) be responsible to the Council for the general conduct and discipline of staff and students of the University; and Section 20(3)(d) carry out any other duty or responsibility as may be assigned by the Council. Section 20(4) The Vice-Chancellor shall hold office for a term of four years and shall be eligible for re-appointment for one further term. Section 20(5)(a) resigns from the office by notice in writing addressed to the Chairperson of the Council; Section 20(5)(b) is, by reason of physical or mental infirmity, unable to exercise the functions of his office; Section 20(5)(c) is declared bankrupt by court of law or makes any arrangements or propositions with creditors generally; Section 20(5)(d...

Section 21. University Management Board Section 21(1) There shall be a University Management Board which shall assist the Vice-Chancellor with the day-to-day management operations of the University and implementation of the policies of the University and further undertake such other functions as shall be set out in this charter. Section 21(2)(a) the Vice-Chancellor, who shall be the Chairperson; and Section 21(2)(b) the Deputy Vice-Chancellors; Section 21(2)(c) the Registrar; Section 21(2)(d) the Chief Financial Officer; Section 21(2)(e) the Corporation Secretary and Chief Legal Officer; Section 21(2)(f) the Quality Assurance Officer; and Section 21(2)(g) any other members as may be provided for in the Statutes. Section 21(3)(a) to formulate and propose rules and regulations to the Council for the administration of the University; Section 21(3)(b) to manage and administer the daily operations of the University; Section 21(3)(c) to formulate and implement the University plans, policies, strategies and programmes; Section 21(3)(d) prepare, review, and recommend annual budgets and monthly financial statements to the Board through the Council; Section 21(3)(e) collect fees; Section 21(...

Section 22. Senate Section 22(1) There shall be a Senate of the University which shall be responsible for all academic matters of the University. Section 22(2)(a) the Vice-Chancellor, who shall be Chairperson; Section 22(2)(b) the Deputy Vice-Chancellors; Section 22(2)(c) the Principals of each constituent college of the University; Section 22(2)(d) the Principals of each College and Campus of the University; Section 22(2)(e) the Deans of Schools, Associate Deans, Directors of Institutes, Centres and other academic units; Section 22(2)(f) the registrars; Section 22(2)(g) the Deans, Directors and Chairpersons of Academic Departments; Section 22(2)(h) the Principals of Colleges; Section 22(2)(i) the Directors of Schools and Institutes; Section 22(2)(j) the Professors of the University; Section 22(2)(k) the University Librarian; Section 22(2)(l) the Corporation Secretary and Chief Legal Officer; Section 22(2)(m) two Student Representatives; and Section 22(2)(n) such other members as may be provided for in the Statutes. Section 22(3) The Deputy Vice-Chancellor (Academics) shall be the Secretary of the Senate. Section 22(4) The Senate shall set admission and graduation standards and req...

Section 23. Deputy Vice-Chancellors Section 23(1) The Council shall appoint such Deputy Vice-Chancellors as may be necessary to assist the Vice–Chancellor in matters prescribed in the Statutes. Section 23(2) A Deputy Vice-Chancellor shall operate under the general authority of the Vice-Chancellor and shall exercise such powers and perform such duties as may be specified by the Statutes. Section 23(3) The Deputy Vice-Chancellors shall hold office for a term of three years on terms and conditions of service as may be prescribed by the Council. Section 23(4) The provisions of this paragraph shall apply with necessary modifications to a Principal of each Constituent Colleges.

Section 24. Principals of Constituent Colleges Section 24(1) The Principal of a Constituent College shall be appointed by the Council through a competitive recruitment process and shall be the academic and administrative head of the Constituent College. Section 24(2) The Principal shall hold office upon such terms and for such periods 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 25. The Principals of Colleges within the University Section The Council shall, for each College and Campus of the University, appoint Principals for Colleges within the University through a competitive recruitment process who shall be the academic and administrative head of the College and shall, under the general authority of the Vice-Chancellor, have such powers and duties as may be provided for by the Statutes.

Section 26. Staff of the University Section 26(1) The teaching staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of Colleges of the University, the Librarian and all members of staff who are engaged in teaching and research. Section 26(2) The administrative staff of the University shall consist of the Registrars, the Directors, Finance Officer, Legal Officer and such other members of staff not being engaged in teaching or research, as the Council may determine from time to time. Section 26(3) The technical staff of the University shall consist of the staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, and as the Council may determine from time to time. Section 26(4) 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 27. Performance of Duties during Incapacity of an Office Holder Section 27(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 27(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council may appoint one of the Principals of the colleges within the University to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days. Section 27(3) In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges within the University, the Council shall 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 27(4) In the event of the incapacity of any member of staff of the University other than the Vice-Chancellor and the Dep...

Section 28. Financial Year Section 28(1) The financial year of the University shall be the period of twelve months commencing the 1st January and ending the 31st December of each year or such other period as may be prescribed by the Statutes. Section 28(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 28(3) The University Management Board shall propose and submit annual estimates to the Council two months before the commencement of the financial year for its approval in consultation with the Board of Trustees.

Section 29. Sources of Funds and Resources Section 29(1)(a) tuition fees and other charges; Section 29(1)(b) research, consultancies and training; Section 29(1)(c) donations and grants; Section 29(1)(d) income from University auxiliary enterprises and investments; Section 29(1)(e) endowments, gifts, trusts and bequests; and Section 29(1)(f) such other sources as the University may from time to time identify. Section 29(2) The University Management shall propose and the Council shall, in consultation with the Board of Trustees, approve the fees to be charged by the University. Section 29(3) Any funds received by the University from any donor shall, unless otherwise approved by the University, be used or channeled exclusively for the intended purpose as agreed between such donor and the University. Section 29(4) The University shall not accept funds which may limit or compromise its freedom or integrity.

Section 30. Investment of Funds Section 30(1) The Board of Trustees may invest any of its funds not immediately required for its purposes, as it may determine. Section 30(2) All investments made under this paragraph shall be held in the name of the University.

Section 31. Annual Estimates Section 31(1) The Vice-Chancellor shall, two months before the commencement of a financial year, submit an annual budget of estimates of revenue and expenditure of the University to the Council for approval. Section 31(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 31(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 31(2)(c) for the proper maintenance of the buildings and grounds of the University; Section 31(2)(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University; Section 31(2)(e) for the funding of the cost of teaching, research and outreach activities of the University; Section 31(2)(f) for development purposes; and Section 31(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 31(3) The Vice-Chancellor shall submit Quarterly Fin...

Section 32. Accounts and Audit Section 32(1) The Board of Trustees shall, in consultation with the Council, cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities. Section 32(2) The Council shall appoint a firm of external auditors to audit the accounts of the University within four months of the closing of each financial year. Section 32(3) The Vice-Chancellor shall submit properly kept books of accounts of the University to the external Auditors within a period specified by the Statutes from the end of every financial year. Section 32(4) Within the period specified by the Statutes, the external auditors shall report on the examination and audit of the accounts of the University to the Council for approval and availed to the Commission whenever required. Section 32(5) The Council shall receive and discuss the audit report then take relevant action. Section 32(6) The University Management shall formulate and the Council shall approve policies and procedures to govern financial management function of the University. Such policies and procedures shall be in line with the Public Finance Management Act (Cap. 412A) and or any other relev...

Section 33. Instruments of Governance Section 33(1) The University shall be governed by the Act, this Charter and the Statutes. Section 33(2) The University shall conspicuously display all its instruments of accreditation in its key premises. Section 33(3) Where any instrument of accreditation is revoked in accordance with the Act, the instruments shall be returned to the Commission within fourteen days of the revocation.

Section 34. Instruments of Authority Section 34(1)(a) the Mace; Section 34(1)(b) the Common Seal; and Section 34(1)(c) the University Logo. Section 34(2) The Council may decide on other instruments to be used as instruments of authority and identity of the University provided that such instruments are recognized by the law. Section 34(3) The Vice-Chancellor shall be the custodian of the University instruments of authority and identity. Section 34(4)(a) respects and abides by the rule of law; Section 34(4)(b) abides by this Charter, the Statutes, policies and procedures; Section 34(4)(c) protects and preserves the institution, its assets, and its image; Section 34(4)(d) promotes the goals and objectives of the University; Section 34(4)(e) upholds the University Mission, Vision, Philosophy and Values; and Section 34(4)(f) values and recognises people. Section 34(5) The Council shall prescribe and regulate the use of the University instruments of authority and identity.

Section 35. Common Seal Section 35(1) The Common Seal of the University shall be kept in such custody and used only as the Board of Trustees or the Council shall direct, as specified in the Statutes. Section 35(2) A document or an instrument duly sealed by authorised officers of the University shall be binding and considered as properly executed by the University. Section 35(3) The Common Seal of the University shall be authenticated by the signatures of the Vice-Chancellor and or other person duly authorised by the Council. Section 35(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 authorisation of the Council under this paragraph shall be deemed to have been duly given. Section 35(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 authorised by the Council on its behalf. Section 35(6) No person, body, authority and or organisation pe...

Section 36. Statutes Section 36(1)(a) establish colleges, campuses, faculties, institutes and schools of the University; Section 36(1)(b) provide a description of degrees, diplomas and certificates offered by the University; Section 36(1)(c) define the requirements for conferment of degrees and award of diplomas and certificates; Section 36(1)(d) provide for the manner in which examinations shall be conducted; Section 36(1)(e) set the terms and conditions of service, and schemes of service, including the appointment, dismissal and recommendation of retirement benefits of the members of staff of the University; Section 36(1)(f) describe the constitution and procedure of meeting of the Council, and the establishment, composition and terms of reference of committees of the Council; Section 36(1)(g) prescribe the rules and regulations for the Students’ Association; Section 36(1)(h) determination and collection of fees and other charges; and Section 36(1)(i) any other matter that may be necessary for the better carrying out of the requirements set out in Act and this Charter. Section 36(2) The Statutes may from time to time be approved, amended or revoked by a resolution passed by two-t...

Section 37. Protection of Name Section 37(1) Notwithstanding the provisions of any other written law, no public officer performing the function relating to the registration of companies or business names shall accept for such registration any name which includes the words "Lukenya", and "University" together in any order, unless the application for such registration is accompanied by the written consent of the Board of Trustees and the Council. Section 37(2) Any person who, except with the written consent of the Council, uses the words "Lukenya" and "University", together in any order and in furtherance of, or in connection with any advertisement for any trade, business, publication, calling or profession, shall be guilty of an offence. Section 37(3) 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 such person of any degree, diploma, certificate or other award of the University. Section 37(4) A person shall not use the name of the University as established by this Charter for the purposes of advertisement, publication, business, trade, or profession.

Section 38. Variation and Revocation of this Charter Section This Charter may be varied or revoked as provided for in the Act.

Section 39. Dissolution of the University Section Subject to the provisions of this Charter, if in the event of the dissolution or winding up of the University, there shall remain, after the satisfaction of all its debts and liabilities, any funds, assets or property they will be vested in the Board of Trustees.

Section 40. Interpretation of this Charter Section This Charter shall be valid and effectual in law according to its true intent and meaning and shall be construed, subject to the provisions of the Universities Act (Cap. 210), in the best interest of the University and the promotion of its objectives.

Section 41. Transitional Section 41(1) The Council in place at the time of grant of this Charter, shall continue to be in place for the remainder of their term after which appointment shall be made in accordance with this Charter. Section 41(2) The Council in place at the time of grant of this Charter may make Statutes for the University under this Charter and the Statutes so made shall be deemed to be made under this Charter. Section 41(3) The persons occupying the offices of the Vice-Chancellor and the Deputy Vice-Chancellors of Lukenya University immediately before the award of this Charter, shall continue to discharge their responsibilities and exercise such powers as set out in the Act and this Charter with respect to the University for the remainder of their term after which appointment shall be made in accordance with this Charter. Section 41(4) All persons who were members of staff of Lukenya University immediately before the award of this Charter shall be deemed to have been appointed under this Charter on the same terms and conditions of service Section 41(5) All the students of Lukenya University, who were pursuing degree, diploma, certificate, and post graduate degree p...