The Charter for Pan Africa Christian University — Esheria

Statute

The Charter for Pan Africa Christian University

Legal Notice 45 of 2008 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 Pan Africa Christian University Charter.

Section 2

PRELIMINARY - 2. Interpretation

Part I: PRELIMINARY

Section 2. Interpretation Section In this Charter— "alumni" means the Association of graduates of the University established under section 28 ; "auditor" means a representative of the auditing firm appointed by the Council to audit the accounts under section 31; "board" means Executive Board established under section 14 ; "chancellor" means the Chancellor of the University appointed under section 11 ; "commission" means the Commission for Higher Education established under the Universities Act; "council" means the Council of Governors of the University established under section 12 ; "dean" means the person appointed to head a faculty, school or an institute of the University; "faculty" means an academic subdivision of the University established under the Charter; "registrar" means a person appointed under section 24 ; "senate" means the Senate of the University established under section 16 ; "staff" means the staff of the University as set out in the Charter; "statutes" means statutes made by the University Council under section 34 ; "student" means a person who is registered by the University for the purposes of obtaining a qualification of the University or any other person regar...

Section 3

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 3. Establishment

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 3. Establishment Section 3(1) There is established Pan Africa Christian University. Section 3(2)(a) is to have a Seal; Section 3(2)(b) may sue and be sued; and Section 3(2)(c) has the functions and powers set out in this Charter. Section 3(3) The University is the successor to Pan Africa Christian College and subject to this Charter, all rights, duties, obligations, assets and liabilities of the Pan Africa Christian College existing at the commencement of this Charter are transferred to and vest in the University.

Section 4

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 4. Mission and Philosophy of the University

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 4. Mission and Philosophy of the University Section 4(1) The mission of Pan Africa Christian University is to develop Godly Christian leaders, growing disciples of Jesus Christ who are thoroughly equipped to serve God, the church, and their communities as they strengthen, and actively multiply believers in Africa and around the world. Section 4(2) Pan Africa Christian University's philosophy is predicated upon the fact that it is an expression of the evangelical Christian church, with specific ties to Pentecostalism. It is theologically and thus ideologically rooted in historic Christian orthodoxy. It seeks to foster beliefs and practices in its students consistent with this background as it endeavours to produce leaders for the church who follow specifically the Christian pattern of servant-hood.

Section 5

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 5. The objectives and functions of the University

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 5. The objectives and functions of the University Section 5(1)(a) to prepare mature, committed, and conscientious Christian leaders to serve with competence in society and in the ministries of the Church; Section 5(1)(b) to further preserve, develop, produce and process, transmit and disseminate knowledge and thereby stimulate the spiritual, religious and intellectual life and cultural development of Kenya and Africa at large; Section 5(1)(c) to play an effective role in the development and expansion of the African Church and its leadership; Section 5(1)(d) to provide university level instruction in higher education for Christian faith and practice; Section 5(1)(e) to equip students for Christian service in positions of leadership and activity in various Christian ministries; and Section 5(1)(f) to develop and transmit knowledge and skills through research and training; Section 5(2)(a) to promote and maintain an institution of higher learning offering high quality education through courses of instruction, studies, research and services to individuals, groups and the community; Section 5(2)(b) to participate in discovery, collection, processing and dissemination of knowledge...

Section 6

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 6. Powers of the University

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 6. Powers of the University Section establish divisions, colleges, constituent colleges, schools, campuses, institutes, faculties, departments, sections or any other administrative units;

Section 7

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 7. The Seal

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 7. The Seal Section 7(1)(a) to be kept in a custody as the University Council may direct and is to be used upon the order and direction of the University Council, or the Vice-Chancellor; and Section 7(1)(b) authenticated by the signature of the Vice-Chancellor and countersigned by one other University officer as authorised by the Council. Section 7(2) When affixed to any document and duly authenticated, the Seal is to be judicially and officially noticed and, any necessary order or authorization of the University Council or the Vice-Chancellor under this section is presumed to be duly given, unless the contrary is proved.

Section 8

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 8. Membership

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 8. Membership Section Trustees;

Section 9

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 9. Governance

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 9. Governance Section the Board of Trustees;

Section 10

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 10. Board of Trustees

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 10. Board of Trustees Section raise funds; and

Section 11

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 11. The Chancellor

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 11. The Chancellor Section 11(1) The Chairperson of the Board of Trustees is the Chancellor, unless the Trustees decide otherwise. Section 11(2)(a) the titular head of the University and is to, in the name of the University, confer degrees and grant diplomas, certificates and other awards of the University; Section 11(2)(b) from time to time, to direct an inspection of the University or an inquiry into the teaching, research or any other work of the University, if necessary; Section 11(2)(c) to arrange for visitation into the general administration and organization of the University as provided for under the Statutes; Section 11(2)(d) to enjoy such powers and privileges and perform such other functions as may be provided for in the Statutes; and Section 11(2)(e) to give advice to the Council which he considers necessary for the betterment of the University.

Section 12

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 12. The Council of Governors

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 12. The Council of Governors Section 12(1)(a) the Chairperson appointed by the Board of Trustees after consultation with the Council; Section 12(1)(b) the Vice Chancellor, who shall be the Secretary; Section 12(1)(c) the Deputy Vice-Chancellor for the time being in charge of Academics; Section 12(1)(d) the Deputy Vice-Chancellor for the time being in charge of Finance and Administration; Section 12(1)(e) a person nominated by faculties as a representative; Section 12(1)(f) a prominent academician appointed by the Trustees; Section 12(1)(g) a person nominated by the staff as a representative; Section 12(1)(h) two members appointed by the Board of Trustees; Section 12(1)(i) two members appointed by the Pentecostal Assemblies of God of Kenya; Section 12(1)(j) two members appointed by the Christ is the Answer ministries; Section 12(1)(k) two members appointed by the Pentecostal Assemblies of God of Africa; and Section 12(1)(l) not more than three persons with expertise in church leadership co-opted by the Council. Section 12(2) In absence of the Chairperson, the Council is to appoint any other person from among members to serve as the Chairperson in acting capacity. Section 12(...

Section 13

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 13. Functions of the Council

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 13. Functions of the Council Section to promote the objectives of the university;

Section 14

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 14. The Executive Board

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 14. The Executive Board Section 14(1)(a) the Vice-Chancellor, as the Chairperson; Section 14(1)(b) the Deputy Vice-Chancellor for the time being in charge of Academics, as the Secretary; Section 14(1)(c) the Chairperson of the Council; Section 14(1)(d) the Deputy Vice-Chancellor for the time being in charge of Finance and Administration; Section 14(1)(e) the Dean of Students; and Section 14(1)(f) not more than three members of the University, outside the administration, co-opted by the Board upon consultation with the Council. Section 14(2) The term of office of a member of the Board, other than ex officio , is two years. Section 14(3) A member of the Board is eligible for re-appointment upon expiry of is term for three consecutive terms. Section 14(4) The procedure, conduct and regulation of the affairs of the Board is vested in the Board. Section 14(5) For all meetings of the Board, the number and the quorum is determined in the Statutes.

Section 15

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. Functions of the Executive Board

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 15. Functions of the Executive Board Section to prepare, review, and recommend annual budgets and monthly financial statements;

Section 16

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 16. Senate

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 16. Senate Section 16(1)(a) the Vice-Chancellor, as the Chairperson; Section 16(1)(b) the Deputy Vice-Chancellor for the time being in charge of Academics; Section 16(1)(c) the Principals of the Constituent Colleges; Section 16(1)(d) the dean of Students; Section 16(1)(e) the financial controller; Section 16(1)(f) the University Librarian; Section 16(1)(g) the University Chaplain; Section 16(1)(h) the Registrar, for the time being in charge of academic as the Secretary; Section 16(1)(i) two representatives of the Student organisation; Section 16(1)(j) one representative of faculty; and Section 16(1)(k) one representative of staff. Section 16(2)(a) if he ceases to be a member of the University; Section 16(2)(b) if his membership contravenes any of the membership requirements; Section 16(2)(c) if by majority vote of the members of the Council present and voting, his membership in Section 16(3)(a) to develop, approve and implement academic programmes in consultation with the Council; Section 16(3)(b) to satisfy itself regarding the content and academic standard of any course of study in respect of a degree, certificate or other award by the University, and to report its findin...

Section 17

ADMINISTRATION OF THE UNIVERSITY - 17. Officers of the University

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 17. Officers of the University Section 17(1) The University is to have the principal and senior officers with authority, in the name of the University, to perform the functions conferred on the University under this Charter. Section 17(2)(a) the Vice-Chancellor; Section 17(2)(b) the Deputy Vice-Chancellors; and Section 17(2)(c) principals of Constituent Colleges. Section 17(3)(a) deans of faculties, schools and institutes; Section 17(3)(b) the University librarian; Section 17(3)(c) the dean of students; Section 17(3)(d) registrars; Section 17(3)(e) financial controller; and Section 17(3)(f) officers of equivalent grade.

Section 18

ADMINISTRATION OF THE UNIVERSITY - 18. Vice-Chancellor

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 18. Vice-Chancellor Section 18(1) There is a Vice-Chancellor appointed by the University Council. Section 18(2)(a) to have the overall responsibility for the direction, organisation, development, administration and programmes of the University; Section 18(2)(b) the Chairperson of the Executive Board and the Senate; Section 18(2)(c) responsible to the University Council for the general conduct and discipline of the students and staff of the University; and Section 18(2)(d) the secretary to the Council. Section 18(3) The Vice-Chancellor is appointed upon the terms and conditions of service prescribed by the Statutes.

Section 19

ADMINISTRATION OF THE UNIVERSITY - 19. The Deputy Vice-Chancellor

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 19. The Deputy Vice-Chancellor Section 19(1) The University Council, in consultation with the Senate, is to appoint a Deputy Vice-Chancellor or Deputy Vice-Chancellors to assist the Vice-Chancellor in matters pertaining to the academic and administrative functions of the University. Section 19(2) The Deputy Vice-Chancellor or Deputy Vice-Chancellors is or are appointed upon the terms and conditions of service prescribed by the Statutes

Section 20

ADMINISTRATION OF THE UNIVERSITY - 20. Principals of constituent colleges

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 20. Principals of constituent colleges Section 20(1) There are Principals of Colleges appointed by the University Council, as may be required. Section 20(2) The duties, responsibilities and terms of office of the Principals of Colleges are prescribed by the Statutes. Section 20(3) Principals of Colleges are answerable to the Vice-Chancellor.

Section 21

ADMINISTRATION OF THE UNIVERSITY - 21. Deans of faculties, schools or institutes

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 21. Deans of faculties, schools or institutes Section 21(1) There are deans appointed by the University Council in consultation with the Executive Board. Section 21(2) The duties, responsibilities and terms of office of the Deans are prescribed by the Statutes.

Section 22

ADMINISTRATION OF THE UNIVERSITY - 22. University Librarian

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 22. University Librarian Section 22(1) There is a University librarian appointed by the University Council in consultation with the Senate. Section 22(2) The duties and responsibilities of the University librarian are prescribed by the Statutes.

Section 23

ADMINISTRATION OF THE UNIVERSITY - 23. Dean of Students

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 23. Dean of Students Section 23(1) There is a Dean of Students appointed by the University Council in consultation with the Executive Board. Section 23(2) The duties and responsibilities of the Dean are prescribed by the statute.

Section 24

ADMINISTRATION OF THE UNIVERSITY - 24. Registrars

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 24. Registrars Section 24(1) There are Registrars appointed by the University Council in consultation with the Executive Board. Section 24(2) The duties and responsibilities of the Registrars are prescribed by the Statute.

Section 25

ADMINISTRATION OF THE UNIVERSITY - 25. Financial controller

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 25. Financial controller Section 25(1) There is a financial controller, who reports to the Vice-Chancellor, appointed by the Council. Section 25(2) The terms and conditions of service of the financial controller are provided for in the Statutes.

Section 26

ADMINISTRATION OF THE UNIVERSITY - 26. Staff of the University

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 26. Staff of the University Section 26(1) The University is to have academic and administrative staff. Section 26(2)(a) the Deputy Vice-Chancellor or Deputy Vice-Chancellors responsible for academic affairs and research; Section 26(2)(b) The University librarian; and Section 26(2)(c) members of staff engaged in teaching or research work. Section 26(3)(a) the Deputy Vice-Chancellor or Deputy Vice-Chancellors; Section 26(3)(b) the Registrars; Section 26(3)(c) the Dean of students; and Section 26(3)(d) members of staff, not engaged in teaching or research work, determined by the University Council. Section 26(4) Members of University staff are subject to the authority of the University Council through the Executive Board and the Vice-Chancellor.

Section 27

ADMINISTRATION OF THE UNIVERSITY - 27. Students' council

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 27. Students' council Section 27(1) There is a Students' Council to represent the student community and act as the main forum through which students may express their views. Section 27(2) The Council is to operate under the general direction of the Academic Council, as may be prescribed by the Statutes.

Section 28

ADMINISTRATION OF THE UNIVERSITY - 28. Alumni Association

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 28. Alumni Association Section 28(1) There is an Alumni Association of the University. Section 28(2)(a) Pan Africa Christian University, Section 28(2)(b) former Pan Africa Christian College; or Section 28(2)(c) other institutions, as the statutes may prescribe. Section 28(3)(a) to bring together graduates who qualify to be members to provide services that contribute to the university's development; Section 28(3)(b) to engage in fundraising activities for the University; Section 28(3)(c) to promote the University's welfare and image; and Section 28(3)(d) to provide suggestions to the University leadership with regard to development.

Section 29

ADMINISTRATION OF THE UNIVERSITY - 29. Performance of Duties during the incapacity of the Vice-Chancellor and other Senior Officers

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 29. Performance of Duties during the incapacity of the Vice-Chancellor and other Senior Officers Section 29(1)(a) a Deputy Vice-Chancellor; or Section 29(1)(b) a University senior officer. Section 29(2) In the event of the incapacity or absence of the Vice-Chancellor and Deputy Vice-Chancellor the Council may appoint a senior officer to perform the duties of the incapacitated or absent principal officer. Section 29(3) In the event of incapacity of any other member of staff, the Vice-Chancellor may appoint a suitably qualified person to perform the duties of the incapacitated or absent member. Section 29(4)(i) "absence" means absence from Kenya; and Section 29(4)(ii) "incapacity" means the inability for any reason to perform the functions of the office held.

Section 30

FINANCIAL PROVISIONS - 30. Financial Year and Budget

Part V: FINANCIAL PROVISIONS

Section 30. Financial Year and Budget Section 30(1) The Financial Year of the University is the period of twelve (12) months commencing 1 September of each year. Section 30(2) In the event of any change in the Financial Year, and for the purposes of the transition from the old Financial Year to the new Financial Year because of this change, the transitional period, whether more or less than twelve (12) months, is regarded as a Financial Year for the purposes of this Charter. Section 30(3) The Executive Board is to propose and submit annual estimates to the Council two months before the start of the financial year. Section 30(4)(a) for the payment of salaries, allowances, and other charges in respect of the University Section 30(4)(b) for the payment of any pensions, gratuities and other charges in respect of retirement benefits which may be payable out of the funds of the University; Section 30(4)(c) for the proper maintenance and development of the buildings and grounds of the University; Section 30(4)(d) for the proper maintenance, repair and replacement of the equipment and other moveable property of the University; Section 30(4)(e) for the funding of the cost of teaching and re...

Section 31

FINANCIAL PROVISIONS - 31. Accounts and Audit

Part V: FINANCIAL PROVISIONS

Section 31. Accounts and Audit Section 31(1) The Council is to cause all proper books and records of account of the income, expenditure and assets of the University to be kept. Section 31(2) A firm of External Auditors appointed by the University Council is to audit the accounts of the University. Section 31(3) The Council is to submit the accounts of the University to the Auditors within a period of one month from the end of every Financial Year. Section 31(4) Within a period specified by the Statutes the External Auditors are to report on the examination and audit of the accounts of the University to the University Council.

Section 32

FINANCIAL PROVISIONS - 32. Funds and Resources

Part V: FINANCIAL PROVISIONS

Section 32. Funds and Resources Section 32(1)(a) tuition and other fees; Section 32(1)(b) donations and grants; Section 32(1)(c) endowments; Section 32(1)(d) gifts, bequests and trusts; Section 32(1)(e) income from auxiliary activities such as consultancy; and Section 32(1)(f) other sources as the University may from time to time identify. Section 32(2) The University shall not accept funds which may limit or compromise its freedom or theological position.

Section 33

FINANCIAL PROVISIONS - 33. Investment of funds

Part V: FINANCIAL PROVISIONS

Section 33. Investment of funds Section invest; or

Section 34

MISCELLANEOUS PROVISIONS - 34. Statutes

Part VI: MISCELLANEOUS PROVISIONS

Section 34. Statutes Section 34(1) The affairs of the University are to be managed and regulated under Statutes and Regulations made. Section 34(2) Statutes may from time to time be enacted, amended or revoked by a resolution passed by two-thirds majority of all the members present and entitled to vote at a University Council meeting specifically convened for that purpose, unless the enactment, amendment of revocation is ultra vires the provisions of the Charter.

Section 35

MISCELLANEOUS PROVISIONS - 35. Protection of Name

Part VI: MISCELLANEOUS PROVISIONS

Section 35. Protection of Name Section 35(1) Despite the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names is to accept for the registration any name that includes the word "Pan Africa Christian" together with the word "University" or "College". Section 35(2)(a) advertisement; Section 35(2)(b) publication; Section 35(2)(c) business; Section 35(2)(d) trade; Section 35(2)(e) profession; or Section 35(2)(f) without the consent of the University Council.

Section 36

MISCELLANEOUS PROVISIONS - 36. Dissolution of the University

Part VI: MISCELLANEOUS PROVISIONS

Section 36. Dissolution of the University Section Subject to the provisions of this Charter, if on the winding up or the dissolution of the University, there remains, after the satisfaction of all its debts and liabilities, any funds, assets and property, are to be transferred to the Board of Trustees of Pentecostal Assemblies of Canada.