The Charter for the University of Embu

Section 1. Citation Section This Charter may be cited as the University of Embu Charter.

Section 2. Interpretation Section In this Charter, unless the context requires otherwise— "Academic Staff” means any person appointed to teach, train or to do research at the University of Embu and any other employee designated as such by the University Council; “Act” means the Universities Act (Cap. 210); "Administrative Staff" means any employee of the University of Embu serving on administrative terms of service and such other members of staff, not being engaged as academic members of staff, as the Council may from time to time determine; "Alumini" means a member of the convocation of the University of Embu; "Alumini Association" means association of all graduates and former students of the University of Embu; "Chancellor" means the Chancellor of the University of Embu appointed according to Section 14 of the Charter; “Charter" means the Charter of the University of Embu granted under section 19 of University's Act (Cap. 210); “Common Seal” means the common seal of the University of Embu; “Convocation” means the convocation of the University of Embu established under Section 10 of the Charter; “Council” means the Council of the University of Embu; “Dean” means the Dean of a Scho...

Section 3. Establishment and Incorporation of the University Section 3(1) There is hereby established a university known as the University of Embu in accordance to the provisions of the Charter. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) receiving, investing, borrowing and lending money; and Section 3(2)(d) doing or performing any 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 corporate body. Section 3(3) The University shall be the successor of Embu University College constituted under the Embu University College Order 2011. Section 3(4) All rights, liabilities and assets held by Embu University College or by anybody on behalf of the Embu University College existing at the commencement of this Charter, shall be automatically and fully transferred to the University.

Section 4. Vision, Mission and Philosophy Section Vision A dynamic epicenter of excellence in training and research for service to humanity. Mission To generate, advance and disseminate knowledge through training, research and innovation for the development of humanity. Philosophy Enhancing human capacity for societal development

Section 5. Objects and Powers Section 5(1) Objects of the University To advance education, knowledge and wisdom by research, knowledge exchange, scholarship, learning and teaching, for the benefit of individuals and society at large. Section 5(2) Powers of the University The University of Embu shall have all the powers of a natural person to do all lawful acts and things that are conducive to or incidental to the furtherance of the objects of the University.

Section 6. Establishment of University Campuses Section 6(1) The Council may, on the advice of the Senate, establish Campuses within the University whose function and powers shall be provided for in the Statutes. Section 6(2) A campus established within the University shall consist of such faculties, schools, departments, directorates or centres as may be provided for by the Statutes.

Section 7. Establishment of Colleges within the University Section 7(1) The University Council may, on the advice of the Senate, establish Colleges within the University whose functions and powers shall be provided for in the Statutes. Section 7(2) A College established within the University shall consist of such faculties, schools, institutes, departments or centres as may be provided for by the Statutes.

Section 8. Establishment of Constituent Colleges Section The Cabinet Secretary may, on the advice of the University Council and the recommendation of the Commission for University Education, by order published in the Gazette , establish or declare an institution of learning or higher education or any other training establishment to be a constituent College of the University.

Section 9. Conferment of Degrees, Diplomas, Certificates and other Awards Section Grant Diplomas or Certificates or other awards;

Section 10. Convocation Section 10(1) There shall be Convocation of the University, which shall consist of such members as may be prescribed by the Statutes. Section 10(2) The convocation shall be convened for purposes of conferment of awards and for such other functions as may be outlined in the Statutes.

Section 11. Withdrawal of Degrees, Diplomas, Certificates and other Awards Section Subject to this Charter, the University Senate may cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards as may be provided for in the Statutes.

Section 12. Membership of the University College Section 12(1)(a) the Chancellor; Section 12(1)(b) the Chairperson of University Council; Section 12(1)(c) the Vice-Chancellor; Section 12(1)(d) the Deputy Vice-Chancellors; Section 12(1)(e) the Principals of Colleges within the University; Section 12(1)(f) the Registrars of the University; Section 12(1)(g) the Finance Officer of the University; Section 12(1)(h) the Librarian; Section 12(1)(i) the Legal Officer of the University; Section 12(1)(j) the Professors of the University; Section 12(1)(k) the Dean of Students; Section 12(1)(l) the Directors of Institutes and Centres; Section 12(1)(m) the Deans of Schools; Section 12(1)(n) the members of the University Council; Section 12(1)(o) the members of the Senate; Section 12(1)(p) the Lecturers of the University; Section 12(1)(q) the Students of the University; Section 12(1)(r) the Convocation; Section 12(1)(s) the Alumni; Section 12(1)(t) members of staff of the University; and Section 12(1)(u) such other members of staff of the University or any other body formally admitted into association with the University, as the University Council may from time to time determine. Section 12(2)(a)...

Section 13. Governance Section Chancellor;

Section 14. Chancellor Section 14(1) There shall be a Chancellor of the University who shall be appointed and hold office in accordance to the provisions of the Act. Section 14(2) The Chancellor 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 14(3)(a) An advertisement shall be placed in the University website and in at least two national daily newspapers of wide circulation and readership inviting members of senate and the alumni association of the university to nominate persons for appointment as Chancellor; Section 14(3)(b) the Criminal Investigations Department; Section 14(3)(b)(i) the Criminal Investigations Department; Section 14(3)(b)(ii) the Credit Reference Bureau; Section 14(3)(b)(iii) the Higher Education Loans Board; Section 14(3)(b)(iv) the Kenya Revenue Authority; Section 14(3)(b)(v) the Ethics and Anti-corruption Commission; and Section 14(3)(b)(vi) the any other relevant authority; Section 14(3)(c) letters of notification shall be written to those who satisfy the above requirements to confirm their willingness or otherwise to take up the appointment if nominated; Section...

Section 15. The Council Section 15(1)(a) the Chairperson of Council, who shall be appointed in accordance to the provisions of the Act, and who shall hold office for a period of three years and shall be eligible for re-appointment for a further one term of three years; Section 15(1)(b) the Principal Secretary for the time being responsible for university education; Section 15(1)(c) the Principal Secretary for the time being responsible for finance; Section 15(1)(d) the Vice-Chancellor who shall be the secretary to the Council; and Section 15(1)(e) five other members as provided by the Act. Section 15(2) A person shall only qualify for appointment to the Council if he/she meets the requirements stipulated under Chapter 6 of the Constitution of Kenya, 2010 on integrity and leadership. Section 15(3) Subject to this Section, a member of the Council, other than the Vice-Chancellor, shall hold office for a period of three years, but shall be eligible for re-appointment for a further one term. Section 15(4)(a) the member resigns his/her office by writing under his/her hand addressed to the Vice-Chancellor; Section 15(4)(b) if the Council is satisfied that the member is, by reasons of phys...

Section 16. The Senate Section 16(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 16(1)(b) the Deputy Vice-Chancellors; Section 16(1)(c) the Principals of Constituent Colleges; Section 16(1)(d) the Principals of Colleges of the University; Section 16(1)(e) the Deans of the Schools and Faculties in the University; Section 16(1)(f) the Directors of Institutes and Centres; Section 16(1)(g) the Registrars of the University; Section 16(1)(h) the Chairpersons of Departments; Section 16(1)(i) the Professors of the University; Section 16(1)(j) one member elected by the Academic Board or equivalent body (if any) of each Constituent College from among the members of such board or body; Section 16(1)(k) the Librarian; Section 16(1)(l) the Dean of Students; Section 16(1)(m) two members elected by the Students' Association, who shall not be entitled to attend deliberations of the Senate on matters which are considered by the Chairperson of the Senate to be confidential or which relate to examinations, the general discipline of students, and other related matters; and Section 16(1)(n) such other member as the University Council may determine in accordance with the Statutes. Sect...

Section 17. Students' Association Section 17(1) There shall be a Students' Association of the University College. Section 17(2)(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 17(2)(b) draw to the attention of the appropriate authority, where necessary, special needs from particular students; Section 17(2)(c) offer suggestions to the Senate or its equivalent on matters affecting the well-being of students; and Section 17(2)(d) undertake such other functions as provided in its governance instrument as approved by the University Council.

Section 18. Alumni Association Section 18(1) There shall be an Alumni Association of the University, which shall consist of alumni and graduates of the University and such other members as may be prescribed in the Alumni Association Regulations and the Statutes. Section 18(2) The Alumni Association shall have the right to meet and discuss any matter relating to the University and transmit resolutions thereon to the University Council or to the Senate, as may be appropriate. Section 18(3) The Alumni association may exercise such other functions as may be prescribed in the Alumni Association Regulations and the Statutes. Section 18(4) The Senate shall propose rules for the promotion of the Alumni Association and make recommendations thereof to the University Council.

Section 19. The University Management Board Section 19(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 19(1)(b) the Deputy Vice-Chancellors; Section 19(1)(c) the Principals of Colleges within the University; Section 19(1)(d) the Registrars of the University; Section 19(1)(e) The Finance Officer of the University; Section 19(1)(f) Such other member of senior management as the University Council may determine in accordance with the Statutes; and Section 19(1)(g) the Vice-Chancellor's Office shall provide the secretariat to the Board. Section 19(2) The Chairperson of the Management Board may invite other officers of the University to attend Management Board meetings when specific matters pertaining to their departments or offices are being discussed and such officers shall be in attendance but shall not be eligible to vote. Section 19(3)(a) encourage the rationalization and efficiency of the University services; Section 19(3)(b) coordinate and control the development, planning, management and administration of the University and its resources in accordance with approved policies, rules and regulations; Section 19(3)(c) set the terms and conditions for the appointment...

Section 20. The Vice-Chancellor Section 20(1) There shall be a Vice-Chancellor of the University who shall be appointed in accordance with the provisions of the Act. Section 20(2)(a) be the academic and administrative head of the University; Section 20(2)(b) have overall responsibility of the direction, organization, administration and programmes of the University; and Section 20(2)(c) have such powers and duties as may be provided for under the Charter and by the Statutes. Section 20(3) The Vice-Chancellor shall hold office for a period of five (5) years and shall be eligible for reappointment for one further term.

Section 21. The Deputy Vice-Chancellors and other Senior Officers Section Deputy Vice-Chancellors i) The Cabinet Secretary shall, upon the recommendation of the University Council, appoint Deputy Vice-Chancellors recruited through a competitive process. ii) The Deputy Vice-Chancellors shall, under the general direction of the Vice-Chancellor, exercise such powers and perform such duties as may be provided for by the Statutes. iii) A Deputy Vice-Chancellor shall hold office for a term of five years and upon expiration may be eligible for a further one term.

Section 22. Performance of duties during incapacity of an office holder Section In the event of the incapacity of the Vice-Chancellor, the University Council shall appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity for a maximum period of one hundred and eighty calendar days.

Section 23. University Fiscal Year Section The fiscal 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 24. Sources of Funds Section 24(1)(a) such sums as may be provided by Parliament; Section 24(1)(b) such monies or assets as may accrue to or vest in the University in the course of the exercise of its powers or the performance of its functions under this Charter or under any other written law; and Section 24(1)(c) all monies from any other source provided for or donated or lent to the University. Section 24(2) the University may appeal to the general public for subscriptions, donations or bequests for the benefit of the University.

Section 25. Annual Budget Estimates Section Before the commencement of a financial year, the University Council shall cause to be prepared estimates of the revenue and expenditure of the University for that year.

Section 26. Accounts and Audit Section The University Council shall cause to be kept proper books of accounts of the income, expenditure and assets of the University.

Section 27. Vesting of Property Section All immovable property, shares, funds and securities as may from time to time become the property of the University shall be in the name of the University and shall be dealt with in such manner as the University Council may from time to time determine, subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and the conditions upon which any endowment, bequest or donation is made for any purposes connected with the University.

Section 28. Investment of Funds Section The Council may invest any of the funds of the University in securities, treasury bonds, trust funds or in any other securities, which the National Treasury may, from time to time, approve.

Section 29. The Common Seal and Signification of Documents Section The University shall possess a Mace, the Seal and Logo as instruments of authority.

Section 30. Statutes Section establishment of Colleges, Faculties, Schools, Institutes and Centres of the University;

Section 31. Protection of Name Section Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name, which includes the words "Embu" or "University" together in any order, unless the application for the registration is accompanied by the written consent of the University Council.

Section 32. Repeal and Savings: Legal Notice No. 65 of 2011 Section The Embu University College Order, 2011 herein after referred to as the former order is repealed.

Section 33. Transition Section There shall be a transition period to provide for the full implementation of this Charter and appointment by the Cabinet Secretary of the University Council of the University of Embu upon the commencement of this Charter.

Section 34. Variation and Revocation of the Charter Section The University Council may vary, revoke or in any other way amend the provision of this Charter if it is in the opinion of the University Council that the revocation, variation or amendment is in the best interest of the University and/or for purposes of introduction of such mechanisms as shall enable the University to better carry out its functions.