The Charter for the Catholic University of Eastern Africa

Section 1. Short title Section This Charter may be cited as the Catholic University of Eastern Africa Charter.

Section 2. Interpretation Section 2(1) In this Charter, unless the context otherwise requires— "Act" means the Universities Act (Cap. 210); "Affiliated Institutions" means those institutions which have an academic linkage with the Catholic University of Eastern Africa for the purpose of being able to grant bachelors degrees in accordance with Sapientia Christiana Article 62. "AMECEA” means the Association of the Members of the Episcopal Conferences of Eastern Africa Trustees (Registered); "Chancellor" means the Chancellor of the University referred to in Section 16 ; "Charter" means this Charter; "Chairperson" means the head of a Department; "Charter" means this Charter; "Congregation for Catholic Education" means the commission of the Roman Catholic Church established by His Holiness the Supreme Pontiff which has competence over ecclesiastical institutions established by the authority of the Vatican, Catholic colleges and universities; "Constituent College" means an academic institution which though autonomous administratively, is conceptually an integral part of the main University for academic purposes; "Council" means the Council of the University established under Section 14 ;...

Section 3. Establishment and incorporation Section 3(1) There shall be established a university at Langata, Nairobi, to be known as the Catholic University of Eastern Africa which shall be constituted in accordance with this Charter. Section 3(2)(a) taking, purchasing or otherwise acquiring, holding, charging and disposing of property, movable or immovable; Section 3(2)(b) borrowing or lending money; Section 3(2)(c) suing and being sued; Section 3(2)(d) doing or performing all such other transactions or acts for the furtherance of the provisions of the Charter which may be lawfully done or performed by a body corporate; Section 3(2)(e) entering into contracts with the Government of Kenya, with other institutions and with individuals; Section 3(2)(f) receiving bequests and gifts which shall be used only for the purposes stated by the person or persons making such bequests or gifts. Section 3(3) The University is the successor to the Catholic Higher Institute of Eastern Africa, and subject to this Charter, all rights, duties, obligations, assets and liabilities of the Catholic Higher Institute of Eastern Africa existing at the commencement of this Charter shall be automatically and f...

Section 4. Common seal and signification of documents Section 4(1) The common seal of the University shall be kept in such custody as the Council directs and shall not be used except upon the order of the Council. Section 4(2) The common seal of the University shall be authenticated by the signature of the Rector and of the Vice-Rector, and, in the absence of the either, the vice-Chairperson of the Council. Section 4(3) The common seal of the University when affixed to any document and duly authenticated as provided for under this section shall be judicially and officially noticed, and, unless and until the contrary is proved, any necessary order or authorization of the Council under this section shall be presumed to have been duly given.

Section 5. Constituent colleges Section 5(1) The constituent colleges in the Appendix are declared to be constituent colleges of the University and the constituent colleges are autonomous in administrative matters but are subject to the University in academic matters. Section 5(2)(a) establish any college in Eastern Africa as a constituent college of the University; Section 5(2)(b) declare an institution of higher learning or education or any training establishment in Eastern Africa to be a constituent college of the University.

Section 6. Affiliation of institutions Section The University may enter into various types of academic linkages or affiliations within the AMECEA region as provided far in the Statutes and approved by the Council, subject to the norms of Sapientia Christiana .

Section 7. Philosophy and objects Section 7(1) The University is dedicated to the Holy Trinity. Section 7(2) The motto of the University is " Consecrate them in the Truth ". Section 7(3) In its search for the Truth, the University is essentially guided by Christian inspiration and values; reflects on human knowledge in the light of the Word of God and Catholic Tradition; fidelity to the Christian message found in the Word of God, Catholic Tradition and the Teaching of the Catholic Church; commitment to the service of the human family by playing a radical transcendental role in the liberative, inculturative, and transformative process for the fulfilment of the human family; commitment to Christ and his message, assistance to the members of the University and society to achieve wholeness as human persons in truth, dialogue and participation in decisions which affect the University community, individual members and society at large. Section 7(4) Besides imparting useful knowledge, the University is distinguished by its holistic approach about nature, humanity, and God and by means of a universal humanism the University is completely dedicated to the research of all aspects of truth in...

Section 8. Functions Section to be a centre of creativity and dissemination of knowledge and a community made up of both teachers and learners, which in a rigorous and critical fashion assists in the protection and advancement of human dignity, human-divine values, and of cultural heritage; through research, teaching and other various services offered to the AMECEA local churches, peoples in the region, international academic communities and the universal Church;

Section 9. Degrees, diplomas, certificates and other awards Section 9(1)(a) confer the degrees of bachelor, master and doctor and such other degrees as may be provided for in the statutes; and Section 9(1)(b) grant diplomas or certificates or other awards. Section 9(2) Subsection (1) shall apply to an honorary degree or academic distinction which the University may wish to confer or award to a person who has rendered distinguished service in the advancement of any branch of learning or cultural accomplishment or who has otherwise rendered himself worthy of such a degree or academic distinction. Section 9(3) Graduation ceremonies at which degrees are conferred shall be held at places and dates to be determined by the University Council and shall be conducted in accordance with procedure prescribed by a resolution of the Council.

Section 10. Membership Section the Roman Pontiff or the Holy See;

Section 11. Governance Section the Roman Pontiff or the Holy See;

Section 12. The Roman Pontiff Section 12(1) The University is under ecclesiastical authority of the Roman Pontiff, and therefore it is under the Congregation for Catholic Education, Vatican City. Section 12(2) The University is founded by the AMECEA which has full responsibility over it, its government and future development.

Section 13. AMECEA Section the Chancellor;

Section 14. The Council Section 14(1) There shall be a Council of the University which shall be the governing body that assumes full responsibility over the University. It represents AMECEA. It is therefore, responsible for the doctrine, the morals and the discipline of the University as well as for its integral development. Section 14(2)(a) the Chancellor of the University who shall be the ex officio Chairperson of the Council; Section 14(2)(b) one member elected by each national Episcopal Conference; Section 14(2)(c) the Diocean Bishop where the University is located who shall be an ex officio member of the Council; Section 14(2)(d) the Chairperson of the AMECEA who shall be an ex officio member of the Council; Section 14(2)(e) the Secretary-General of the AMECEA, who shall be an ex officio member; Section 14(2)(f) the Rector of the University, who, by virtue of his office, shall be Secretary to the Council. He shall have the right to vote, except in matters directed to himself; Section 14(2)(g) two members to be elected by the Senate; Section 14(2)(h) not more than two members with specific contribution to offer to be co-opted at the discretion of the AMECEA. Such members may co...

Section 15. The functions and duties of the Council Section 15(1) Subject to Sapeinta Christiana, Ex Corde Ecclessiae and the AMECEA, the Government control and administration of the University shall be vested in the Council. Section 15(2)(a) foster the declared objects of the University and to develop policies conductive to their attainment; Section 15(2)(b) approve Statutes and recommend to the Sacred Congregation for Catholic Education any change in the norms in consultation with the AMECEA; Section 15(2)(c) communicate with the government authorities on any legal matters concerning the University; Section 15(2)(d) authorize the acquisition and alienation of properties, approve major structural alterations and important construction works with the approval of the AMECEA and subject to cannon law; Section 15(2)(e) act as a court of appeal for all claims and internal disputes in the University which the Senate or a lower body has been unable to settle; Section 15(2)(f) appoint its own committees; Section 15(2)(g) receive and consider proposals for opening of new faculties, institutes, schools, departments, research centres in collaboration with the AMECEA and present them to the C...

Section 16. The Chancellor Section 16(1) The Chancellor shall be appointed by the AMECEA and shall represent the Holy See to the University and equally the University to the Holy See and other civil authorities. Section 16(2)(a) promote continually the University's holistic progress and advancement, ensure that the Catholic doctrine is integrally followed, and enforce the faithful implementation of the statutes and prescriptions of the Holy See; Section 16(2)(b) present to the Congregation for Catholic Education for confirmation the name of the one appointed by AMECEA as Rector, as well as the names of lecturers for whom a Nihil Obstat is required; Section 16(2)(c) inform the Congregation for Catholic Education about important matters pertaining to the University and its constituent colleges and to send to that Congregation every three years a detailed report on the academic, moral and economic condition of the University; Section 16(2)(d) help ensure collaboration among all the different ranks and members of the University and the community and of its constituent colleges; Section 16(2)(e) receive the profession of faith of the Rector; Section 16(2)(f) give or take away from lectu...

Section 17. The Senate Section 17(1)(a) the Rector, who shall be the Chairperson; Section 17(1)(b) the Vice-Rector; Section 17(1)(c) the Principal of each constituent college; Section 17(1)(d) the Principal of each college within the University; Section 17(1)(e) the Deans/Directors/Principals of all faculties, institutes and schools of the University; Section 17(1)(f) the heads of departments; Section 17(1)(g) the directors of research centres; Section 17(1)(h) all professors; Section 17(1)(i) one representative elected from among the associate professors; Section 17(1)(j) one representative elected from among the full-time lecturers; Section 17(1)(k) the Registrar; Section 17(1)(l) the Librarian; Section 17(1)(m) the Bursar; Section 17(1)(n) the Dean of Students; Section 17(1)(o) two representatives of the Student Organization. Section 17(2) The members of the Senate shall elect a vice-Chairperson from among themselves unless the Vice-Rector has been appointed. Section 17(3) The Registrar shall be the secretary of the Senate. Section 17(4) The Senate shall determine its quorum and make its own internal regulations. Section 17(5)(a) to propose to the Council for approval of the sho...

Section 18. The University Management Board Section 18(1) There shall be a University Management Board whose membership powers and functions are as provided for in the statutes. Section 18(2) The University Management Board shall manage the day to day operations of the University.

Section 19. The Rector Section 19(1) The Rector shall be appointed by the AMECEA from the names proposed by the Council and confirmed by the Congregation for Catholic Education. Section 19(2) The Rector shall be the academic and administrative head of the University. Section 19(3) The Rector shall hold office for a period of four years but shall be eligible for re-appointment. Section 19(4)(a) direct, promote and co-ordinate all the activities of the University; Section 19(4)(b) act as the representative of the University and be its spokesman in its external relations; Section 19(4)(c) assume administrative responsibilities for the day to day running of the University and its management; Section 19(4)(d) convoke and preside over the Senate in accordance with the norms and the statutes; Section 19(4)(e) watch over the administration of the temporalies; Section 19(4)(f) refer more important matters to the Chancellor; Section 19(4)(g) send, every year, a statistical summary to the Congregation for Catholic Education, according to the outlines provided by the said Congregation; Section 19(4)(h) work collegially with the personnel of the University for the realization of its objectives;...

Section 20. The Vice-Rector Section 20(1) The Vice-Rector shall be appointed by the AMECEA from names proposed by the Council. Section 20(2) The Vice-Rector shall have such functions and powers as the Council may, by Statute, prescribe.

Section 21. The Principals of colleges within the University Section 21(1) The Council shall, from names proposed by the academic board for each college within the University, appoint a principal who shall be the academic and administrative head of the college and shall, under the general authority of the Rector, have such other powers and duties as may be provided by the statutes. Section 21(2) A person appointed as a principal shall hold office upon such terms and for such period as the Council may, by re-solution, prescribe.

Section 22. The Registrar Section The Registrar shall be appointed by the Council and shall have such functions and powers as the Council may, by resolution, prescribe.

Section 23. Funds and resources Section The Librarian shall be appointed by the Council. He shall be responsible for the care of books and periodicals and all the library property.

Section 24. The Bursar Section The Bursar shall be appointed by the Council. He shall be the chief financial officer of the University.

Section 25. The Dean of Students Section The Dean of Students shall be appointed by the Council. He shall be responsible for all students affairs other than those related to finance.

Section 26. The Academic Dean Section The Academic Dean shall be appointed by the Senate from the names proposed by the academic board of each faculty. He shall promote and co-ordinate the activities of his faculty.

Section 27. The performance of duties during incapacity of office holder Section 27(1) The functions of the Rector may be performed by the Vice-Rector in the event of the incapacity of the Rector. Section 27(2) In the event of the incapacity of the Rector and the Vice-Rector the functions of the Rector may be performed, during the incapacity, by a member of the academic staff of the University designated for that purpose by the Chancellor. Section 27(3) In the event of the incapacity of any member of the staff of the University other than the Rector, may appoint a suitable person to perform the functions of the member during the incapacity. Section 27(4) In this section, "incapacity" means absence from Eastern Africa or inability for any other reason to perform the functions of the office concerned.

Section 28. Financial year Section 28(1) The financial year of the University shall be the period of twelve months commencing on such day in each year as the Council may determine. 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 29. Investment of funds Section 29(1) The Council may invest any of the funds of the University in securities in which for the time being trustees may by law invest trust funds or in any other securities which the AMECEA may from time to time approve for the purpose. Section 29(2) The Council may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the University. Section 29(3) Before the commencement of a financial year the Council shall cause to be prepared estimates of the revenue and expenditure of the University for that year.

Section 30. Annual estimates Section 30(1)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 30(1)(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 30(1)(c) for the proper maintenance of the buildings and grounds of the University; Section 30(1)(d) for the proper maintenance, repair and replacement of the equipment and other movable property of the University; Section 30(1)(e) for the funding of the cost of teaching and research activities of and in the University; Section 30(1)(f) for the creation of such reserve funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Council may think fit. Section 30(2) Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the AMECEA for approval. Section 30(3) No expenditure shall be incurred for the purpose of the University except in accordance with the annual est...

Section 31. Audit Section 31(1) The Council shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the University. Section 31(2)(a) a statement of income and expenditure during that year; and Section 31(2)(b) a statement of the assets and liabilities of the University on the last day of that year. Section 31(3) The accounts of the University shall be audited by an auditor appointed by the Council with the approval of the AMECEA. Section 31(4) The employment of an auditor shall not be terminated by the Council without the consent of the AMECEA. Section 31(5) The AMECEA may give general or special directions to an auditor appointed under section 31(3), and the auditor shall comply with those directions. Section 31(6) An auditor appointed under section 31(3) shall report directly to the AMECEA on any matter relating to the directions given under article 16.5. Section 31(7) Within a period of six months after the end of the financial year the auditor shall report on the examination and audit of the accounts of the University to the Council and where the auditor has been appointed under section 31(3), he shall also transmit a...

Section 32. Statutes Section 32(1)(a) the establishment of faculties, institutes and schools of the University; Section 32(1)(b) the description of degrees; Section 32(1)(c) the requirements for the award of degrees; Section 32(1)(d) the conduct of examinations; Section 32(1)(e) prescribing fees and other charges; Section 32(1)(f) the settlement of the terms and conditions of service including the appointment, dismissal, remuneration and retiring 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; 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) Statutes shall only be made by a resolution passed at one meeting of the Council supported by a majority of not less than three-fourths of the members present and voting being not less than half of the total membership of the Council.

Section 33. Protection of name Section 33(1) Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names shall accept for such registration any name which includes together with the word "University", the words "Catholic" and or "Eastern Africa", unless the application for such 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 "University" together with words "Catholic" and "Eastern Africa”, in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling or profession, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a period not exceeding one month or to both such fine and imprisonment: Provided that nothing in this subsection shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of any degrees, diploma, or certificate by the University.