The Charter for Tharaka University

Section 1. Short title Section This Charter may be cited as the Tharaka University Charter, 2022.

Section 2. Interpretation Section In this Charter, unless the context otherwise requires – “Alumni Association” means the Alumni Association of the University established under paragraph 14 of this Charter; “Campus College” means a College Established under paragraph 8 of this Charter; “Chancellor” means the Chancellor of the University; “Constituent College” means a College established under paragraph 9 of this Charter; “Council” means the Council of the University established under paragraph 14 of this Charter; “Deputy Vice-Chancellor” means the Deputy Vice-Chancellor of the University appointed in accordance paragraph 20 of this Charter; “faculty” means a faculty of the University established under the Statutes; “graduate” means a person upon whom a degree has been conferred or a diploma or certificate awarded; “incapacity” means inability to perform functions of the office concerned; “Institute” means an institute of the University established by the Statutes; “Lecturer” means a member of the staff of the University who is, in terms of appointment, a Professor, an Associate Professor, Senior Lecturer, Lecturer, Assistant Lecturer, or Tutorial Assistant, or a person who holds an...

Section 3. Establishment and Incorporation of the University Section 3(1) There is hereby established a University to be known as the Tharaka University. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of moveable and immovable property; Section 3(2)(c) receiving, investing, borrowing and lending money; and Section 3(2)(d) doing or performing any such other things or acts, including entering into such contracts as, may be necessary or expedient for the furtherance of the provision of this Charter which may be done by a body corporate. Section 3(3) The University shall be the successor to Tharaka University College established by the Tharaka University College Order, Legal Notice Number 146 of 4th August, 2017. Section 3(4) All rights, duties, obligations, liabilities and assets held by Tharaka University College existing at the commencement of this Charter, shall automatically and fully be transferred to and vest in the Tharaka University and any reference to Tharaka University College in any contract or document shall for all purposes be deemed to be a reference to Tharaka University.

Section 4. Vision Section A Centre of excellence in teaching, research, innovation and outreach for societal transformation.

Section 5. Mission Section To create a strong knowledge base through teaching, research and innovation, and to disseminate this knowledge to produce all rounded graduates with problem solving skills for positive societal transformation.

Section 6. Philosophy Section The University subscribes to three core values; sustainability, excellence and integrity. In pursuit of these values and its dedication to achieving the vision, the University shall use its resources to inculcate a culture of knowledge generation, preservation, management and dissemination for positive societal transformation.

Section 7. Functions, Aims and Objectives of the University Section 7(1)(a) provide directly, or in collaboration with other institutions of higher learning, facilities for university education including technological, scientific and professional education; Section 7(1)(b) participate in the discovery, transmission and preservation and enhancement of knowledge and to stimulate the intellectual life and the economic, social, cultural, scientific and technological development of Kenya; Section 7(1)(c) provide and advance University education and training to appropriately qualified candidates, leading to the conferment of degrees and the award of diplomas and certificates and such other qualifications as the Council and the Senate shall determine from time to time; Section 7(1)(d) conduct examinations for such academic awards as may be provided for in the Statutes of the University; Section 7(1)(e) inculcate a culture of lifelong learning, responsible citizenry and innovation in technology, engineering and mathematics within the institution and society; and Section 7(1)(f) examine and approve proposals for the establishment of colleges, campuses, faculties, schools, institutes, depart...

Section 8. Establishment of Colleges and Campuses within the University 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 in the Act and the Statutes. Section 8(2) A College and a Campus established within the University shall consist of such faculties, schools, institutes, departments, centres and other resource and administrative units as may be provided for by the Statutes.

Section 9. Establishment of Constituent Colleges Section The Cabinet Secretary may, on the advice of the Council and on 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 10. Conferment, granting, cancellation, and withdrawal, revocation of Degrees, Diplomas, Certificates and other awards. Section 10(1)(a) award a Certificate and Diploma and such other qualifications as may be provided for by the Statutes; Section 10(1)(b) confer a Bachelors, Masters or Doctorate Degree and such other University qualifications as may be provided for by the Statutes; or 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 endeavor worthy of such a degree or academic distinction as may be provided for in the Statutes. Section 10(2) Subject to this Charter, the University Council may, on the recommendation of the Senate, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or such other award as may be provided for in the Statutes.

Section 11. 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 12. Membership of the University Section 12(1)(a) the Chancellor; Section 12(1)(b) the Council; Section 12(1)(c) the Vice-Chancellor; Section 12(1)(d) the Deputy Vice-Chancellors; Section 12(1)(e) the Principal of Constituent Colleges; Section 12(1)(f) the Principal of colleges and Campuses College within the University; Section 12(1)(g) the members of the Senate; Section 12(1)(h) the University Management Board; Section 12(1)(i) the Registrars of the University; Section 12(1)(j) the Finance Officer of the University; Section 12(1)(k) Deans of Faculties, Directors and Chairpersons of Departments; Section 12(1)(l) the Librarian; Section 12(1)(m) the Corporation Secretary and Chief Legal Officer of the University; Section 12(1)(n) the Professors of the University; Section 12(1)(o) the Dean of Students; Section 12(1)(p) all staff of the University; Section 12(1)(q) the Lecturers of the University; Section 12(1)(r) the Students of the University; Section 12(1)(s) the convocation, Section 12(1)(t) the Alumni; Section 12(1)(u) the members of staff of the University and; Section 12(1)(v) such other members of staff of the University or any other body formally admitted into associa...

Section 13. The Chancellor Section 13(1) There shall be a Chancellor of the University who shall be appointed and who shall hold office in accordance with the Act. Section 13(2) The term of office shall be in accordance with the provisions of the Act. Section 13(3)(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 13(3)(b) may from time to time, direct an inspection of the University or an inquiry into the teaching, research or any other work of the University; Section 13(3)(c) may arrange for visitation into the general administration and organization of the University in such a manner as may be provided by the Statutes; and Section 13(3)(d) may from time to time give advice to the Council which he considers necessary for the betterment of the University. Section 13(4) The Chancellor shall enjoy such powers and privileges and perform such other functions as may be provided for by the Statutes.

Section 14. The Council Section 14(1) There shall be a Council of the University appointed in accordance with the Act. Section 14(2) A member of the Council, other than an ex officio member, shall hold office for a term of three years and shall be eligible for re-appointment for one further term. Section 14(3)(a) not being an ex officio member, resigns from the office in writing addressed to the Vice-Chancellor; Section 14(3)(b) is, by reasons of physical or mental infirmity, unable to exercise the functions of the members’ office to the satisfaction of the Council; Section 14(3)(c) fails to attend three consecutive Council meetings; Section 14(3)(d) is adjudged bankrupt by a court of competent jurisdiction; Section 14(3)(e) is found by a competent court of law to be guilty of a criminal offence; Section 14(3)(f) contravenes the provisions of Chapter six of the Constitution; and Section 14(3)(g) dies. Section 14(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 14(5) The procedure, conduct and regulation of the affairs of the Council shall be determined in accordance...

Section 15. Functions of the Council Section employing staff;

Section 16. The Students’ Association Section 16(1) There shall be a Students’ Association established under the Act, this Charter and the Statutes. Section 16(2) There shall be a Students' Association established in accordance with the Act. Section 16(3)(a) oversee and plan, in consultation with the Senate, students' activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being of all students; Section 16(3)(b) draw to the attention of the appropriate authority, where necessary, special needs from particular students; Section 16(3)(c) offer suggestions to the Senate or its equivalent on matters affecting the wellbeing of students; and Section 16(3)(d) undertake such other functions as provided in its governance instrument as approved by the Council.

Section 17. The Alumni Association Section 17(1) There shall be an Alumni Association of the University which shall consist of graduates of the University and such other person as may be determined by the Statutes. Section 17(2)(a) to bring together graduates and former students of the University; Section 17(2)(b) to engage in fund raising activities to assist the University; and Section 17(2)(c) to promote the University’s welfare and image. Section 17(3) The Alumni Association shall govern the conduct of its own proceedings. Section 17(4) The Alumni Association shall have the right to meet and discuss any matter relating to the University and transmit resolutions thereon to the Council, and may exercise such other functions as the Statutes may prescribe.

Section 18. The Vice-Chancellor Section 18(1) There shall be a Vice-Chancellor of the University who shall be appointed in accordance with the Act. Section 18(2)(a) be the academic and administrative head of the University; Section 18(2)(b) have overall responsibility for the direction, organization, administration and programmes of the University; and Section 18(2)(c) have such responsibilities and duties as may be provided for in this Charter and the Statutes. Section 18(3) The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term.

Section 19. The University Management Board Section 19(1)(a) ensure efficient management of the human resources, programmes, facilities and finances of the University; Section 19(1)(b) plan for the development and needs of the University; and Section 19(1)(c) develop strategies for the generation of revenue to secure adequate financial support for the University. Section 19(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 19(2)(b) the Deputy Vice-Chancellors; Section 19(2)(c) the Principals of Colleges and Campuses; Section 19(2)(d) the Registrar of the University; Section 19(2)(e) the Finance Officer of the University; Section 19(2)(f) the Corporation Secretary and Chief Legal Officer of the University; and Section 19(2)(g) the Planning and Development Officer. Section 19(3) The Management Board may co-opt any other member as it may deem fit. Section 19(4) The Deputy Vice-Chancellor (Finance and Administration) shall provide secretariat services to the Management Board.

Section 20. The Senate Section 20(1) There shall be a Senate of the University which shall be in charge of all academic matters of the University. Section 20(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 20(2)(b) the Deputy Vice-Chancellors; Section 20(2)(c) the Principals of the constituent colleges; Section 20(2)(d) the Principals of each college and campus of the University; Section 20(2)(e) the Registrars of the University; Section 20(2)(f) the Deans of the faculties, and Directors of Schools, Institutes and Centres; Section 20(2)(g) the Chairpersons of Departments of the University; Section 20(2)(h) the Professors of the University; Section 20(2)(i) two members elected by the Academic Board or equivalent Board of each Constituent University College from among the members of that Board; Section 20(2)(j) the Librarian; Section 20(2)(k) the Dean of Students; Section 20(2)(l) the Corporation Secretary and Chief Legal Officer; Section 20(2)(m) one representative of each of the faculty or school boards appointed by the respective boards from among its members; and Section 20(2)(n) two members elected by the students’ organization, who shall however not be entitled...

Section 21. The Deputy Vice-Chancellors Section 21(1) There shall be two or more Deputy Vice-Chancellors of the University who shall be appointed in accordance with the Act. Section 21(2) The Deputy Vice-Chancellors shall, under the general authority of the Vice-Chancellor, exercise such powers and perform such duties as may be provided for in the Statutes. Section 21(3) The Deputy Vice-Chancellors of the University shall hold office for a term of five years and shall be eligible for re-appointment for one further term.

Section 22. The Principals of Colleges and Directors of Campuses within the University Section 22(1) The Council shall appoint for each College a Principal and for each Campus a Director as provided for in the Statutes. Section 22(2) The Principal or a Campus Director shall be the academic and administrative head of the College or Campus respectively and shall, under the general authority of the Vice-Chancellor, have such other powers and duties as may be provided for in the Statutes. Section 22(3) The Principal and the Campus Director shall hold office upon such terms and for such period as may be specified in the Statutes.

Section 23. Principals of Constituent Colleges Section 23(1) The Principal of a Constituent College shall be appointed in accordance with the provisions of the Act. Section 23(2) The Deputy Vice-Chancellors of the University shall hold office for a term of five years and shall be eligible for re-appointment for one further term of five years.

Section 24. Convocation Section 24(1) There shall be a Convocation of the University which shall consist of such members as may be prescribed by the Statutes. Section 24(2) The convocation shall be convened for purposes of the conferment of awards and for such other functions as may be provided for in the Statutes.

Section 25. Staff of the University Section 25(1) The Senior Management Staff of the University shall consist of the Vice- Chancellor, the Deputy Vice-Chancellors, Principals of Constituent Colleges, the Deans of Schools, Faculties and Directors of Institutes and such other members of staff as the Council may determine from time to time. Section 25(2) The academic staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, Principals of University Colleges and Campuses, Deans of Faculties, Schools, the Librarian and all members of staff who are engaged in teaching and research. Section 25(3) The administrative staff of the University shall consist of the Registrars and such other members of staff, not being engaged in teaching or research, as the Council may determine from time to time. 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 teaching departments, and as the Council may determine from time to time. Section 25(5) The support staff of the University shall consist of...

Section 26. Performance of Functions in the Absence of an Office Holder Section 26(1) In the absence 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 period of one hundred and eighty days. Section 26(2) In the absence of the Vice-Chancellor and all the Deputy Vice-Chancellors, the Council shall appoint one of a member of the University staff to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum period of one hundred and eighty days. Section 26(3) In the absence of the Vice-Chancellor, the Deputy Vice-Chancellors or the Principals of colleges within the University, the Council shall appoint a member of staff to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum period of one hundred and eighty calendar days. Section 26(4) In the absence of any member of the staff of the University other than the Vice-Chancellor, and the Deputy Vice-Chancellors, the Vice-Chancellor may appoint a suitable person to perform the functions of the said officer during the perio...

Section 27. Financial Year Section 27(1) The financial year of the University shall be the period of twelve months commencing on the 1st July and ending on 30th June in the following year. Section 27(2) In the event of any change in the financial year, and for the purposes of transition from the old financial year to a new financial year consequent upon the change, the transition period, whether more or less than twelve months, shall be deemed for the purposes of this Charter to be a financial year.

Section 28. Annual Estimates Section 28(1) Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University for the year. Section 28(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 28(2)(b) 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 28(2)(c) the proper maintenance of the buildings and grounds of the University; Section 28(2)(d) the proper maintenance, repair and replacement of equipment and other movable property of the University; Section 28(2)(e) the proper funding of the cost of teaching and research of and in the University; Section 28(2)(f) development expenditure; and Section 28(2)(g) the creation of such reserve funds to meet future or contingent liabilities in respect of retiring benefit, insurance or replacement of building or equipment, or in respect of such other matters as the Council may think fit. Section 28(3) Annual estimates shall be approved by the Council before the commencement of the financial year to which th...

Section 29. Accounts and Audit Section 29(1) The Council shall cause to be kept all proper books of accounts of the income, expenditure, assets and liabilities of the University. Section 29(2) The accounts of the University shall be audited and reported upon in accordance with the Act and any other relevant laws of Kenya. Section 29(3) The accounts of the University shall be audited by the Auditor-General and all relevant financial management regulations provided by the Ministry for the time being responsible for public finance.

Section 30. Funds and Property of the University Section 30(1)(a) capitation grants; Section 30(1)(b) income generating activities undertaken by the University; Section 30(1)(c) loans from the government and financial institutions; Section 30(1)(d) such subscriptions, donations or bequests as the Council may, subject to any other written law, regulations and guidelines, appeal for and receive from the general public for the benefit of the University. Section 30(2) Unexpended balances of grants may be expended from one year to the next in accordance with the Act.

Section 31. Instruments of Authority Section 31(1)(a) the Mace; Section 31(1)(b) the Common Seal; and Section 31(1)(c) the University Logo. Section 31(2) The Common Seal of the University shall be kept in such custody and used only as the Council shall direct or as specified in the Statutes. Section 31(3) 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 31(4) The Common Seal of the University shall be authenticated by the signatures of the Vice-Chancellor or any other person duly authorised by the Council. Section 31(5) 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 presumed to have been duly given. Section 31(6) 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 authorise...

Section 32. Statutes Section 32(1)(a) the establishment of Campuses, Colleges, Faculties, Schools, Institutes, Centers, and Departments of the University; Section 32(1)(b) the description of degrees, diplomas, certificates and other academic qualifications; Section 32(1)(c) the requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications; Section 32(1)(d) the conduct of examinations; Section 32(1)(e) prescribing fees and other charges; Section 32(1)(f) setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of staff of the University; Section 32(1)(g) the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; Section 32(1)(h) prescribing the rules and regulations for the students’ organizations; and Section 32(1)(i) providing for or prescribing anything, which, under this Charter, may be provided for or prescribed by the Statutes. Section 32(2) Notwithstanding subparagraph (i), the Council shall not make, amend or revoke any Statutes relating to the functions and priv...

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 any such registration any name which includes the word ‘Tharaka’ 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 ‘Tharaka’ 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 one million shillings, or imprisonment for a term not exceeding twelve months, or both. Section 33(3) Provided that 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 him of a degree, diploma or certificate by the University.

Section 34. Revocation of Order Section 34(1) The Tharaka University College Order of Legal Notice 146 of 4th August 2017 is revoked. Section 34(2) Notwithstanding subparagraph (1), all agreements, 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 34(3) The Statutes or regulations made under the Order and in force immediately before the grant of this Charter shall continue in force but may be amended or revoked by the Statutes or regulations made under this Charter.

Section 35. Transitional Section 35(1)(a) the University Council of the Tharaka University College shall continue to be in place and shall function as the University Council of Tharaka University until such time that the substantive University Council shall have been appointed; Section 35(1)(b) the University Council of Tharaka University College shall develop Statutes for Tharaka University under this Charter and the Statutes so made shall be deemed to have been made under this Charter; Section 35(1)(c) the persons occupying the positions of Principal and Deputy Principals of Tharaka University College shall continue to discharge their responsibilities and exercise such powers as acting Vice-Chancellor and acting Deputy Vice-Chancellors respectively as set out in the Act, this Charter and the Statutes of Tharaka University College until the Vice-Chancellor and other officers of the University are appointed and assume office; Section 35(1)(d) all persons who were members of staff of Tharaka University College shall be members of staff of Tharaka University and shall be deemed to have been appointed under this Charter on the same terms and conditions of service. Section 35(2) The st...

Section 36. Variation and Revocation of the Charter Section This Charter may be varied, amended or revoked in accordance with the provisions of the Act.