The Charter for the East African University

Section 1. Short Title Section This Charter may be cited as the East African University Charter.

Section 2. Interpretation Section In this Charter, unless the context otherwise requires— "Act" means the Universities Act (Cap. 210); "Alumni Association" means association of all graduates and former students of the University established under paragraph 19 of this Charter; "Cabinet Secretary" means Cabinet Secretary for the time being responsible for university education; "College" means a college established within the University but does not include a Constituent College as established under paragraph 9 of this Charter; "Chairperson of Council" means the Chairperson of the Council of the University; "Chancellor" means the Chancellor of the East African University appointed in accordance with paragraph 16 of this Charter; "constituent college" means a constituent college of the University established under paragraph 8 of this Charter; "Council" means the Council of the University established under paragraph 17 of this Charter; "Deputy Vice-Chancellor" means a Deputy Vice-Chancellor of the University under paragraph 23 of this Charter; "faculty" means an academic administrative unit within the University comprising several departments and concerned with a major division of knowl...

Section 3. Establishment and Incorporation of the University Section 3(1) There is established a University to be known as the East African 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) borrowing or lending money; and Section 3(2)(d) doing or performing all such other things or acts for the furtherance of the provisions of this Charter which may lawfully be done or performed by a body corporate. Section 3(3) The University is the successor of the East African University constituted under a Letter of Interim Authority granted on 2nd November, Section 3(4) All rights, duties, obligations, staff, liabilities and assets held by the East African University or by anybody on behalf of the East African University, existing at the commencement of this Charter, shall be automatically and fully transferred to the University.

Section 4. Vision Section The Vision of the University is to be a leading institution and centre of excellence in university teaching, research and development.

Section 5. Mission Section To transmit quality knowledge, conduct research and provide community service to the region and the world at large.

Section 6. Philosophy Section To be a fountain of knowledge, which produces holistic, and all-round graduates who shall be a vanguard of change in the community.

Section 7. Objects and Functions of the University Section 7(1)(a) provide directly, or in collaboration with other institutions facilities for technological, professional, and scientific education; Section 7(1)(b) advance knowledge and its practical application by research and other means; Section 7(1)(c) disseminate the outcomes of research by various means, and commercially exploit the results of such research; Section 7(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 7(1)(e) contribute to industrial and technological development of society directly or in collaboration with industry and other organizations; Section 7(1)(f) develop new programmes of study including those that culminate in degrees, diplomas and certificates; Section 7(1)(g) establish colleges, faculties, schools, institutes, departments, resource centres and administrative units as may be appropriate; Section 7(1)(h) inculcate a culture of innovation in technology, engineering, science and humanities, and promote intellectu...

Section 8. 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 9. Establishment of Campus Colleges and Colleges within the University Section 9(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 Statutes. Section 9(2) A College established within the University shall consist of such faculties, schools, institutes, or centres as may be provided for by the Statutes.

Section 10. Conferment of Degrees and Grant of Diplomas, certificates and other awards Section 10(1)(a) confer Bachelor’s, Master’s and Doctorate degrees; Section 10(1)(b) grant diplomas, certificates or such other awards 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 towards 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 10(2) Subject to this Charter, the Council may, on the recommendation of Senate, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards 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 the Sponsor;

Section 13. Governance of the University Section the Sponsor;

Section 14. The Sponsor Section 14(1) The Sponsor of the East African University is BDK Universities Network International Kenya Ltd. Section 14(2)(a) appoint members of the Board of Trustees; Section 14(2)(b) raise funds for the benefit of the University; Section 14(2)(c) promote the objects of the University; Section 14(2)(d) initiate the process of variation of this Charter; and Section 14(2)(e) in consultation with the Cabinet Secretary appoint a person to administer or manage the University in case of revocation of this Charter.

Section 15. The Board of Trustees Section 15(1) The Board of Trustees appointed under paragraph 14(2)(a) shall act and exercise all legal rights, powers and privileges of the University as provided for in the Act, this Charter and the Statutes. Section 15(2)(a) appointing members of the Council; Section 15(2)(b) raising funds for the benefit of the University; Section 15(2)(c) promoting the objects of the University; and Section 15(2)(d) appointing the Chancellor.

Section 16. The Chancellor Section 16(1) The Board of Trustees shall, in consultation with the Sponsor, appoint the Chancellor of the University. Section 16(2) A person who is appointed Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term. Section 16(3)(a) shall be the titular head of the University and shall, in the name of the University, confer degrees and award diplomas, certificates and any other awards of the University; Section 16(3)(b) may from time to time, recommend to the Board of Trustees a visitation of the University in such a manner as shall be described in the statutes; Section 16(3)(c) may from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the University; Section 16(3)(d) shall enjoy such powers and privileges and perform such other functions as may be provided in this Charter and the statutes. Section 16(4) The functions of the Chancellor under subparagraph (3) may in the absence or incapacity of the Chancellor be performed by the Chairperson of the Council for a period not exceeding three months. Section 16(5)(a) resigns from office by notice in...

Section 17. The Council Section 17(1) There shall be a Council of the University which shall be appointed by Board of Trustees. Section 17(2)(a) the Chairperson who shall be a professor with ten years’ experience in management of university education; Section 17(2)(b) one person of integrity and wide experience in finance who shall be a member of good standing of the Institute of Certified Public Accountants of Kenya for over seven years; Section 17(2)(c) one person holding a leadership position in the public or private sector appointed by the Board of Trustees; Section 17(2)(d) one person appointed by the Sponsor from amongst its shareholders or directors; Section 17(2)(e) two senior academic scholars, not being employees of the University, with a rank of an associate professor and at least ten years’ experience in management of university education; Section 17(2)(f) the Vice-Chancellor, who shall be an ex officio member. Section 17(3) The Council may co-opt such other persons whose skills or experience are necessary for the purposes of the functions of the Council for such period as it may deem appropriate. Section 17(4) The members of the Council, other than ex officio members,...

Section 18. Students’ Association Section 18(1) There is established a student’s association of the University which shall consist of all students of the University. Section 18(2) The student’s association constitution shall have its constitution, which shall be subject to the approval of the Senate and the Council. Section 18(3)(a) overseeing and planning students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being, in consultation with the Council; Section 18(3)(b) drawing the attention of the appropriate authorities, where necessary, to the special needs of the students; and Section 18(3)(c) undertaking other functions as provided in its governance instruments approved by the Council.

Section 19. Alumni Association Section 19(1) There shall be an Alumni Association of the University which shall consist of the graduates of the University and such other persons as may be prescribed by the Statutes. Section 19(2) The Alumni Association shall participate in the process of appointment of the Chancellor within the provisions of the Act and the Statutes. Section 19(3) The Alumni Association shall have the right to meet and discuss any matter relating to the University and to transmit the resolutions thereon to the Council and the Senate, and may exercise such other functions as may be prescribed in the Statutes. Section 19(4) The Senate shall propose rules for promotion of the Alumni Association and make recommendations thereof to the Council.

Section 20. The Vice-Chancellor Section 20(1) There shall be a Vice-Chancellor of the University who shall be appointed by the Council in consultation with the Board of Trustees and who shall be the Chief Executive Officer of the University. Section 20(2)(a) be the academic and administrative head of the University; Section 20(2)(b) have the overall responsibility for the direction, organization, administration and programmes of the University; Section 20(2)(c) have such responsibilities and duties as may be provided for in this Charter and the Statutes; Section 20(2)(d) assume administrative responsibilities for the day-to-day running of the University and its management. Section 20(2)(e) provide leadership in achieving the vision and the mission of the Institution; Section 20(2)(f) direct, promote and co-ordinate all the programmes and activities of the University; Section 20(2)(g) act as the representative of the University and be its spokesperson on its external relations; Section 20(2)(h) preside over the Senate and the University Management Board meetings in accordance with the Statutes; Section 20(2)(i) be responsible for the general welfare, conduct and discipline of staff...

Section 21. The Senate 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 Principal of each Constituent College; Section 21(1)(d) the Principal of each College within the University; Section 21(1)(e) the University Librarian; Section 21(1)(f) the Deans of Schools, Directors of Institutes and Boards, Directorates and Centres; Section 21(1)(g) the full Professors of the University; Section 21(1)(h) the Dean of Students; Section 21(1)(i) the Chairpersons of the teaching departments of the University; Section 21(1)(j) the Registrars; Section 21(1)(k) the Finance Officer; Section 21(1)(l) the Chief Medical Officer; Section 21(1)(m) the Chief Legal Officer; Section 21(1)(n) two members elected by the Academic Board of each Constituent College from among the members of such Board; Section 21(1)(o) not more than two Professors from each Constituent College; Section 21(1)(p) one representative of each of the Boards of the Faculties, Institutes and Schools elected by that Board from among its members who are not Professors and are not members of the Senate by virtue of any other provision of this subparagraph...

Section 22. The University Management Board Section 22(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 22(1)(b) the Deputy Vice-Chancellors; Section 22(1)(c) the Principals of Colleges within the University; Section 22(1)(d) the Registrars; Section 22(1)(e) the Finance officer; Section 22(1)(f) the Legal Officer; Section 22(1)(g) the Director of Students Welfare; Section 22(1)(h) the Director, Information Communication Technology; and Section 22(1)(i) any such other members as may be determined from time to time by the Board. Section 22(2)(a) the efficient management of the human, physical and financial resources of the University; Section 22(2)(b) making proposals to the Council and the Senate on policies that have application across the entire institution; Section 22(2)(c) develop and coordinate the University strategic and development plans; Section 22(2)(d) authorize the initiation of legal proceedings or defend or compromise legal proceedings in the name of and on behalf of the university; Section 22(2)(e) establish any University charges and fees; and Section 22(2)(f) any other matters related to the management of the University.

Section 23. The Deputy Vice-Chancellors Section 23(1) The Council shall appoint two or more Deputy Vice-Chancellors of the University through a competitive process. Section 23(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 by the Statutes. Section 23(3) The Deputy Vice-Chancellor of the University shall hold office for a term of five years and shall be eligible for re-appointment for one further term.

Section 24. The Principals of Constituent Colleges Section 24(1) The Principal of a Constituent College shall be appointed competitively by the Council in consultation with the Board of Trustees and shall be the academic and administrative head of the Constituent College. Section 24(2) The Principal shall hold office upon such terms and for such period as may be provided for by the Statutes and upon expiration of that period may be eligible for re- appointments for one further term.

Section 25. The Principals of Colleges within the University and Campuses Section 25(1) The Council shall, for each College, appoint a Principal 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 25(2) The Principal shall hold office upon such terms and for such periods as may be provided for in the Statutes and shall be eligible for re-appointment for one further term.

Section 26. The Staff of the University Section 26(1) The academic staff of the University shall consist of the Vice-Chancellor, Deputy Vice-Chancellors, Principals of Colleges and Campuses within the University, Professors, Librarian of the University and all members of staff who are engaged in teaching, research or extension in the University. Section 26(2)(a) the Deputy Vice-Chancellor (Administration and Finance); and Section 26(2)(b) non-teaching Departmental Heads. Section 26(3) The technical staff of the University shall consist of the staff engaged in laboratory, field instruction, workshops and such similar environment in the teaching department under the general direction of the heads of the teaching departments, and as the Council may determine from time to time. Section 26(4) The support staff of the University shall consist of the staff engaged in general duties and as the Council may determine from time to time. Section 26(5)(a) in the manner and upon the terms and conditions of the services prescribed by the Statutes; or Section 26(5)(b) in the case of a person seconded to the services of the University from the services of another institution, the government or any...

Section 27. Performance of Functions in absence of office holder Section 27(1) In the event of the incapacity of the Vice-Chancellor, the Council shall, in consultation with the Board of Trustees and the Chancellor, appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of three months. Section 27(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council may, in consultation with the Board of Trustees and the Chancellor, appoint a member of academic staff of the University to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of three months. Section 27(3) In the event of the incapacity of any member of staff of the University other than the Vice-Chancellor, or Deputy Vice-Chancellor, the Vice-Chancellor may appoint a suitable person to perform the functions of the said officer during the period of incapacity subject to a maximum of up to three months. Section 27(4) In this paragraph, "incapacity" includes absence from Kenya or the inability for any other reason to perform the functions of...

Section 28. Financial Year Section 28(1) The financial year of the University shall be the period of twelve months which shall commence on the first day of January and ending on the thirty first day of December each year. Section 28(2) In the event of any change in the financial year and for purposes of the transition from the old financial year to a new financial year consequent upon change, the transitional period, whether more or less than twelve months, shall be deemed for the purpose of this Charter to be a financial year.

Section 29. University Funds and Resources Section income from University auxiliary enterprises and investments;

Section 30. Investment of Funds Section 30(1) The University may invest any of the University funds in investments portfolios approved by the Council. Section 30(2) The Council may place or deposit with such banks or financial institutions, as it may determine, any fund not immediately required for use by the University. Section 30(3) The Council may, in consultation with the Board of Trustees, create or appoint other corporate bodies to manage its investments, pensions, provident funds, properties.

Section 31. Annual Estimates Section 31(1) The Council shall, three months before the commencement of a financial year, cause to be prepared an annual budget of estimates or revenue and expenditure of the University for that year. Section 31(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the University; Section 31(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 31(2)(c) the funding of the cost of institutional scholarships, teaching and research activities; Section 31(2)(d) the development of the physical plan; Section 31(2)(e) the proper maintenance of the building and grounds of the University; Section 31(2)(f) the proper maintenance, repair and replacement of the equipment and other movable property of the University; and Section 31(2)(g) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Board of Trustees deem fit. Section 31(3) The annual budget shall be approved by the C...

Section 32. Accounts and Audit Section 32(1) The Council shall cause to be kept proper books and records of accounts of Income and expenditure, assets and liabilities of the University. Section 32(2) The accounts of the University shall be audited annually by a firm of external auditors appointed by the Council. Section 32(3) An auditor appointed under subparagraph (ii) shall report directly to the Council. Section 32(4) The fees for the external auditors shall be fixed and paid by the Council. Section 32(5) Within a period of three months from the end of each fiscal year, the Vice-Chancellor shall submit to the Council audited accounts of the University. Section 32(6) The University shall maintain an internal audit.

Section 33. Instruments and symbols of Governance. Section 33(1) The University shall be governed by the Act, this Charter and the Statutes. Section 33(2) The symbols of authority shall be the seal, the mace, and the University logo. Section 33(3) The University shall conspicuously display all its instruments of accreditation in its main premises. Section 33(4) Where an instrument of accreditation is revoked under the Act, such instrument shall be returned to the accrediting authority within fourteen days of the revocation.

Section 34. Instruments of Authority Section Subject to this Charter, the University shall possess the University Mace, the Common Seal for signification of documents and the University Logo as its instruments of Authority.

Section 35. Common Seal Section 35(1) The Common Seal of the University shall be kept in such custody and used only as the Council shall direct, as specified in the Statutes. Section 35(2)(a) the Vice-Chancellor; and Section 35(2)(b) one other member of the Council duly authorized by the Council. Section 35(3) The Common Seal of the University when affixed to any document and duly authenticated under this paragraph shall be judicially and officially noticed, and, unless and until the contrary is proved, order or authorization of the Council under this paragraph shall be deemed to have been duly given.

Section 36. Statutes Section 36(1)(a) the establishment of colleges, faculties, institutes and schools of the University; Section 36(1)(b) the description of degrees, diplomas, certificates; Section 36(1)(c) the defining of the requirements for conferment of degrees and award of diplomas and certificates; Section 36(1)(d) the conduct of examinations; Section 36(1)(e) prescribing fees and boarding charges; Section 36(1)(f) setting the terms and conditions of service, and schemes of service, including the appointment, dismissal and recommendation of retiring benefits of the members of staff of the University; Section 36(1)(g) describing the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and Section 36(1)(h) prescribing the rules and regulations for student Association. Section 36(2) Despite subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the Senate without first ascertaining the opinion of the Senate. Section 36(3) The Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourth o...

Section 37. Variation and revocation of this Charter Section This Charter may be varied, amended or revoked in accordance with the Act.

Section 38. Protection of the University Name Section 38(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 an entity that includes the words "The East African" and "University" together in any order, unless the application for registration is accompanied by the written consent of the Council. Section 38(2) Any person who, except with the written consent of the Council, uses the words "The East African University" and "University", together in any order, and or 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 to imprisonment for a term not exceeding three years, or both. Section 38(3) Notwithstanding the foregoing, 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 her or him of a degree, diploma or certificate by the University.

Section 39. Dissolution of the University Section Subject to this Charter, if on the winding up or the dissolution of the University, there shall remain, after the satisfaction of all its debts and liabilities, any funds, assets and property, such funds, assets or property, shall be transferred to the Board of Trustees of the East African University Trust.