The Charter for Maasai Mara University — Esheria

Statute

The Charter for Maasai Mara University

Legal Notice 226 of 2013 Country: Kenya As of: 31 Dec 2022 Status: In force Sections: 36
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Section 1

PRELIMINARY - 1. Short title

Part I: PRELIMINARY

Section 1. Short title Section This Charter may be cited as The Maasai Mara University Charter.

Section 2

PRELIMINARY - 2. Interpretation

Part I: PRELIMINARY

Section 2. Interpretation Section In this Charter, unless the context requires otherwise— "Academic Staff" means a member of staff of the University, who is a Professor, an Associate Professor, a Senior Lecturer, a Lecturer, an Assistant Lecturer and such other persons in the employment of the University engaged in teaching or research therein as Council, acting in accordance with the recommendation of Senate, may from time to time grant the status of members of the university; "Act” Means the Universities Act (Cap. 210); "Administrative Staff" means a member of staff of the University, who is appointed for general purposes of performing duties related to general management and administration of the University as shall be specified in the Statutes; "Alumni" means a person who is a former student of the University, or The Narok University 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; as defined in clause 25 of the Charter; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for Universit...

Section 3

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 3. Establishment and Incorporation of The Masaai Mara University

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 3. Establishment and Incorporation of The Masaai Mara University Section 3(1) There is hereby established a University to be known as The Maasai Mara 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) doing or performing any other such things 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 Maasai Mara University shall be the successor to the Narok University College constituted under the Narok University College Order (L.N. 101/2008). Section 3(4) All rights, liabilities and assets held by anybody on behalf of the Narok University College, existing at the commencement of this Charter, shall be automatically and fully transferred to The Maasai Mara University.

Section 4

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 4. Vision, Mission and Core Values

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 4. Vision, Mission and Core Values Section 4(1) Vision — to be a world class university committed to academic excellence for development. Section 4(2) Mission — to provide quality university education through innovative teaching, research and consultancy services for development. Section 4(3) Core Values — excellence, teamwork, professionalism, equity and social justice, creativity and innovativeness, transparency and accountability.

Section 5

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 5. Philosophy

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 5. Philosophy Section The Maasai Mara University will endeavour to be a world class university committed to academic excellence, through teaching, research, innovation, extension and technology transfer in order to promote social, economic and political development of Kenya and beyond and to realize sustainable conservation of the environment through natural resource management and tourism.

Section 6

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 6. Functions

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 6. Functions Section 6(1)(a) provide directly, or in collaboration, with other institutions of higher learning, facilities for technological, professional, and scientific education; Section 6(1)(b) advance knowledge and its practical application by research 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, 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 with industry and other organizations; Section 6(1)(f) make proposals for new programmes of study including those that culminate with degrees, diplomas and certificates; Section 6(1)(g) make proposals for the establishment of campuses, colleges, faculties, schools, institutes, departments, and other resource and administrative units as may be appropriate; Section 6(1)(h) inculcate a culture of innovation in technology, engineering, and science,...

Section 7

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 7. Establishment of Colleges within the University

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 7. Establishment of Colleges within the University Section 7(1) The Council may, on 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, or centres and other resource and administrative units as may be provided for by the Statutes.

Section 8

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 8. Establishment of Constituent Colleges

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 8. 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 9

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 9. Conferment, Granting, Cancellation and Withdrawal of Degrees, Diplomas, Certificates and other Awards

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 9. Conferment, Granting, Cancellation and Withdrawal of Degrees, Diplomas, Certificates and other Awards Section 9(1)(a) grant Diplomas or Certificates or other awards; Section 9(1)(b) confer the degrees of Bachelor, Master and Doctor 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 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. Section 9(2) Subject to this Charter, 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 10

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 10. Award of Scholarships

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 10. 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 11

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 11. Membership of the University

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 11. Membership of the University Section the Chancellor;

Section 12

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 12. The Chancellor

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

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

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 13. Chairperson of Council

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 13. Chairperson of Council Section 13(1) There shall be a Chairperson of Council of the University who shall be appointed in accordance with the provisions of the Act. Section 13(2) 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

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 14. Vice-Chancellor

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

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 overall responsibility for the good and proper management of the University; and Section 14(2)(c) have such powers and duties as may be provided for by the Statutes. Section 14(3) The Vice-Chancellor shall hold office upon such terms as provided for in the Charter and the Statutes and upon expiration of that period shall be eligible for re-appointment for a further one term.

Section 15

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. The Deputy Vice-Chancellors

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 15. The Deputy Vice-Chancellors Section 15(1) The Council shall appoint two or more Deputy Vice-Chancellors through competitive process, 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 term of five years and shall be eligible for re-appointment for a further one term.

Section 16

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 16. The Principals of Colleges within the University

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 16. The Principals of Colleges within the University Section 16(1) The Council shall appoint a Principal for each college within the University, 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. Section 16(2) 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

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 17. Principals of Constituent Colleges

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 17. Principals of Constituent Colleges Section 17(1) The Principal of a Constituent College shall be appointed competitively by the Cabinet Secretary on the recommendation of the University Council and shall be the academic and administrative head of the Constituent College. Section 17(2) 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 18

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 18. The Council

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 18. The Council Section 18(1)(a) the Chairperson of Council who shall be the Chairperson of Council; Section 18(1)(b) the vice-Chairperson; Section 18(1)(c) the Vice-Chancellor who shall be the secretary to the Council and an ex officio member; and Section 18(1)(d) other members as may be provided for by the Act. Section 18(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. Section 18(3)(a) if, not being an ex officio member, the member resigns his/her office by writing under his/her hand addressed to the Vice-Chancellor; Section 18(3)(b) if the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the functions of her/his office; and Section 18(3)(c) upon death of the member. Section 18(4) Where the office of a member of the Council becomes vacant, the Vice-Chancellor shall forthwith notify the vacancy to the appropriate appointing authority. Section 18(5) The members of the Council other than the ex officio members shall at the first meeting after their appointment determine by lot which of their numb...

Section 19

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 19. Functions of Council

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 19. Functions of Council Section subject to the provisions of the Act and after consultation with the Senate, to make regulations;

Section 20

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 20. The Senate

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 20. The Senate Section 20(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 20(1)(b) the Deputy Vice-Chancellors; Section 20(1)(c) the Principals of each Constituent Colleges of the University; Section 20(1)(d) the Principals of each College and Campus of the University; Section 20(1)(e) the Deans of Schools, Associate Deans, Directors of Institutes, Centres and other academic units; Section 20(1)(f) the Registrars; Section 20(1)(g) the Heads of Departments; Section 20(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 20(1)(i) professors of the University; Section 20(1)(j) the University Librarian; Section 20(1)(k) one representative of each of the School Boards appointed by the respective boards from amongst its members; Section 20(1)(l) the Dean of Students; Section 20(1)(m) the Director of Information, Communication and Technology services of the University; and Section 20(1)(n) subject to the Statutes, two members elected by the students' organization, who shall not be entitled to attend deliberations of the Senate on matters which are considered by...

Section 21

THE UNIVERSITY MANAGEMENT BOARD - 21. Membership and functions of the Management Board

Part IV: THE UNIVERSITY MANAGEMENT BOARD

Section 21. Membership and functions of the Management Board 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 Colleges within the University; Section 21(1)(d) the Registrars; Section 21(1)(e) the Finance Officer; Section 21(1)(f) the Legal Counsel; and Section 21(1)(g) such other member of senior management as the Council may determine in accordance with the Statutes. Section 21(2)(a) the efficient management of the human, physical, and financial resources of the University; Section 21(2)(b) making proposals to the Council and Senate on policies that have a University wide application; Section 21(2)(c) the coordination of the University Strategic and Development plans; and Section 21(2)(d) any other matters related to the management of the University.

Section 22

THE UNIVERSITY MANAGEMENT BOARD - 22. The Convocation

Part IV: THE UNIVERSITY MANAGEMENT BOARD

Section 22. The Convocation Section 22(1) 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. Section 22(2) 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 23

THE UNIVERSITY MANAGEMENT BOARD - 23. The Staff of the University

Part IV: THE UNIVERSITY MANAGEMENT BOARD

Section 23. The Staff of the University Section 23(1) The staff of the Narok University College existing prior to the commencement of this Charter, including those on secondment and contract, shall be deemed to be employees of the The Maasai Mara University subject to the Act. Section 23(2) The Academic staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges within the University, the Directors, the librarian and all members of staff who are engaged in teaching and research. Section 23(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, Finance Officer, the Deans and such other members of staff as the Council may from time to time determine. Section 23(4) The administrative staff of the University shall consist of the Deputy Registrars, and such other members of staff engaged in general administration as the Council may, from time to time determine. Section 23(5) The technical staff of the University shall consist of those staff engaged in laboratory, field instruction, workshops and such similar envi...

Section 24

THE UNIVERSITY MANAGEMENT BOARD - 24. Student Organization

Part IV: THE UNIVERSITY MANAGEMENT BOARD

Section 24. Student Organization Section There shall be a students’ organization in accordance with the Statutes.

Section 25

THE UNIVERSITY MANAGEMENT BOARD - 25. Alumni Association

Part IV: THE UNIVERSITY MANAGEMENT BOARD

Section 25. Alumni Association Section 25(1) There shall be an Alumni association of the University which shall consist of alumni and graduates of the University and such other members as may be prescribed in the regulations and Statutes. Section 25(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 to the Senate, as may be appropriate. Section 25(3) The Alumni association may exercise such other functions as may be prescribed in the Regulations and Statutes. Section 25(4) The Council shall make rules for the promotion of the Alumni Association.

Section 26

THE UNIVERSITY MANAGEMENT BOARD - 26. Performance of Functions in absence of Office Holder

Part IV: THE UNIVERSITY MANAGEMENT BOARD

Section 26. Performance of Functions in absence of Office Holder Section 26(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 period of one hundred and eighty calendar days. Section 26(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 of the University to perform the functions of the Vice-Chancellor during the incapacity for a maximum period of one hundred and eighty calendar days. Section 26(3) In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellors, 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 incapacity for a maximum period of one hundred and eighty calendar days. Section 26(4) In the event of the incapacity of a...

Section 27

FINANCIAL PROVISIONS - 27. Fiscal

Part V: FINANCIAL PROVISIONS

Section 27. Fiscal Section 27(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 27(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 28

FINANCIAL PROVISIONS - 28. Investments of Funds

Part V: FINANCIAL PROVISIONS

Section 28. Investments of Funds Section The Council may invest any of the funds of the University in accordance with provisions of the Act.

Section 29

FINANCIAL PROVISIONS - 29. Annual Estimates

Part V: FINANCIAL PROVISIONS

Section 29. Annual Estimates Section 29(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 29(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 29(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 29(2)(c) for the proper maintenance of the buildings and grounds of the University; Section 29(2)(d) for the proper maintenance, repair and replacement of equipment and other movable property of the University; Section 29(2)(e) for the funding of the cost of teaching, research and outreach activities of the University; Section 29(2)(f) for development purposes; and Section 29(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 29(3) Annual estimates shall be approved by the Council before the commencement of the fisc...

Section 30

FINANCIAL PROVISIONS - 30. Accounts and Audit

Part V: FINANCIAL PROVISIONS

Section 30. Accounts and Audit Section 30(1) The Council shall cause to be kept proper books of accounts of the income, expenditure and assets and of the University. Section 30(2)(a) a statement of income and expenditure during that year; and Section 30(2)(b) a statement of the assets and liabilities of the University on the last day of that year. Section 30(3) The accounts of the University shall be audited by the Auditor-General. Section 30(4) The Auditor-General may transmit to the relevant body a special report on any matters incidental to his powers.

Section 31

MISCELLANEOUS PROVISIONS - 31. The Common Seal

Part VI: MISCELLANEOUS PROVISIONS

Section 31. The Common Seal Section 31(1) The common seal of the University shall be kept in such custody and used only as the Council shall direct. Section 31(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 31(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 32

MISCELLANEOUS PROVISIONS - 32. The Statutes

Part VI: MISCELLANEOUS PROVISIONS

Section 32. The Statutes Section 32(1)(a) establishment of campuses, colleges, schools, faculties, institutes and centres of the University, distant and E-learning; Section 32(1)(b) description of degrees, diplomas, certificates and other academic qualifications; Section 32(1)(c) requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications; Section 32(1)(d) conduct of examinations; Section 32(1)(e) prescribing fees and other charges; Section 32(1)(f) prescribing the rules and regulations for the conduct and organization of student affairs; Section 32(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 32(1)(h) constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and Section 32(1)(i) providing for or prescribing anything, which, under this Charter may be provided for or prescribed by Statutes. Section 32(2) Notwithstanding subsection (i), the Council shall not make, amend or revoke any Statutes relating to the functio...

Section 33

MISCELLANEOUS PROVISIONS - 33. Protection of Name

Part VI: MISCELLANEOUS PROVISIONS

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 "The Maasai Mara", 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 word "The Maasai Mara", 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 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 subject to the Act.

Section 34

MISCELLANEOUS PROVISIONS - 34. Revocation and Savings

Part VI: MISCELLANEOUS PROVISIONS

Section 34. Revocation and Savings Section 34(1) The Narok University College Order (L.N. No. 101/2008), is revoked. Section 34(2) Notwithstanding the revocation the Narok University College Order, 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 Order, shall, so far as not inconsistent with this Charter, be deemed to have been given, taken, done or acquired under this Charter. Section 34(3) Any persons constituting the Council of the Narok University College shall continue to discharge responsibilities and exercise such powers and functions as set out in the Act.

Section 35

MISCELLANEOUS PROVISIONS - 35. Transition

Part VI: MISCELLANEOUS PROVISIONS

Section 35. Transition Section All the students of Narok University College who were pursuing Diploma and certificate programmes as at the commencement date of the Charter, shall be allowed to complete their courses and shall be awarded Diplomas and Certificates of the University.

Section 36

MISCELLANEOUS PROVISIONS - 36. Variation and Revocation of the Charter

Part VI: MISCELLANEOUS PROVISIONS

Section 36. 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).