The Charter for Tom Mboya University

Section 1. Short title Section This Charter may be cited as the Tom Mboya University 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 a university and any other employee designated as such by the University Council; "Act" means the Universities Act (Cap. 210); "accreditation" means the procedure by which the Commission for University Education formally recognizes an institution as a University; "administrative staff" means staff responsible for the administrative duties in the University established under paragraph 25 of this Charter; "Alumni Association" means the association established under paragraph 17 of this Charter; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to University Education; "Council" means the governing organ of the University established under paragraph 15 of this Charter; "Chancellor" means the Chancellor of the University as defined in paragraph 13 of this Charter; "College" means a College of the University established pursuant to paragraph 8 of this Charter; "Committees" mean committees of the University set up by the governing organs of the University to perform such...

Section 3. Establishment and incorporation of the University Section 3(1) There is established a University to be known as Tom Mboya University. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging, disposing or leasing 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 body corporate. Section 3(3) The University shall be the successor of Tom Mboya University College, established by the Tom Mboya University College Order, Legal Notice No. 55 of 2016 . Section 3(4) All rights, duties, obligations, liabilities and assets held by Tom Mboya University College or by any other body on behalf of Tom Mboya University College existing at the commencement of this Charter, shall automatically and fully be transferred to and vest in Tom Mboya University and any reference to Tom Mboya University College in any contract or document shall for all purposes be deemed to b...

Section 4. Vision and Mission Section Vision: A premier internationally recognized University distinguished for its teaching, research, and innovation.

Section 5. Philosophy Section Facilitating the creation, sharing, elective exploitation, and utilization of knowledge within the framework articulated by law and its Statutes for the greatest benefit and wellbeing of society.

Section 6. Aim of the University Section provide high quality education and relevance in its programmes and activities;

Section 7. Functions of the University Section 7(1)(a) provide education directly, or in collaboration with other institutions, and in so doing provide for the integration of teaching, research and effective application of knowledge and skills to the life, work and welfare of the citizens of Kenya; Section 7(1)(b) advance knowledge and its practical application by research and other means; Section 7(1)(c) disseminate the outcome 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 stimulation of intellectual life in the economic, social, cultural, scientific and technological development; Section 7(1)(e) contribute to industrial and technological development of society in collaboration with industry and other organizations; Section 7(1)(f) inculcate a culture of innovation in technology, engineering and science, amongst staff, students, and society; Section 7(1)(g) promote education in science, agriculture, engineering, and mathematics and technology within the institution and society; Section 7(1)(h) provide a multi-level...

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 Statutes. Section 8(2) A College or campus established within the University shall consist of such faculties, schools, institutes, departments, centers 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 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 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 Principals of Constituent Colleges; Section 12(1)(f) the Principals of Colleges and Campuses with the University; Section 12(1)(g) the members of the Senate; Section 12(1)(h) the University Management Board; Section 12(1)(i) the University Registrars; Section 12(1)(j) the Corporation Secretary and Chief Legal Officer; Section 12(1)(k) the Director of Finance; Section 12(1)(l) the University Librarian; Section 12(1)(m) the Chief Medical Officer; Section 12(1)(n) the Information and Communication Technology Director; Section 12(1)(o) the academic staff; Section 12(1)(p) the non-academic staff; Section 12(1)(q) the Chaplain; Section 12(1)(r) the students; Section 12(1)(s) the alumni; Section 12(1)(t) the members of the Alumni Association; and Section 12(1)(u) such other persons as may be declared members of the University by the Council on the recommendation of the Senate. Section 12(2) The members of the University shall enjoy such rights and privileges as may be set out in the...

Section 13. The Chancellor Section 13(1) There shall be a Chancellor of the University who shall be appointed by the President in accordance with the Act. Section 13(2) The functions of the Chancellor and tenure of office shall be in accordance with the provisions of the Act. Section 13(3) The Chancellor shall enjoy such powers and privileges and perform such other functions as may be provided in the Act and the Statutes.

Section 14. The Council Section 14(1) There shall be a University Council which shall be appointed according to the provisions of the Act. Section 14(2)(a) the Chairperson who shall be appointed by the President; Section 14(2)(b) the Principal Secretary in the Ministry for the time being responsible for University education; Section 14(2)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 14(2)(d) not more than five members appointed in accordance with the provisions of the Act; and Section 14(2)(e) the Vice-Chancellor who shall be the Secretary to the Council and an ex officio member. Section 14(3) The members of the Council, other than the ex officio member shall hold office for a period of three years and shall be eligible for re-appointment for one further term. Section 14(4) The Council shall be the governing body of the University. Section 14(5)(a) not being an ex officio member, resigns from his office by notice in writing addressed to the appointing authority through the Vice-Chancellor; Section 14(5)(b) is unable to exercise the functions of his office by reasons of physical or mental infirmity to the satisfaction of the appointi...

Section 15. Functions of the Council Section developing and approving the Statutes of the University;

Section 16. 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 student’s Council in accordance to section 41(3) of the Act.

Section 17. Alumni Association Section 17(1) There shall be an Alumni Association as provided for in section 42 of the Act, this Charter and the Statutes. Section 17(2) The Alumni Association shall consist of members as provided for under Section 42(1) of the Act, this Charter and the Statutes.

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 provisions of 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 Senate 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 Principal of each Constituent Colleges; Section 19(1)(d) the Principal of each College and Campus; Section 19(1)(e) the Registrars; Section 19(1)(f) all the Deans of faculties and Schools, the Directors of Institutes, Schools and Centres, and other academic units; Section 19(1)(g) the Associate Deans and Directors; Section 19(1)(h) the Chairpersons of Departments; Section 19(1)(i) the full Professors of the University; Section 19(1)(j) the University Librarian; Section 19(1)(k) the Director of Finance; Section 19(1)(l) the Corporation Secretary or Chief Legal Officer; Section 19(1)(m) the Chief Medical Officer; and Section 19(1)(n) two members elected by the Students’ Association, who shall however 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, general discipline of students or other related matters. Section 19(2) The membership of the Senate shall include such other persons as the Council may determine f...

Section 20. The University Management Board Section 20(1) There shall be a University Management Board which shall perform the functions provided for in this Charter and the Statutes. 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 Colleges; Section 20(2)(d) the Registrars; Section 20(2)(e) the Corporation Secretary; Section 20(2)(f) the Chief Legal Officer; and Section 20(2)(g) the Director of Finance; Section 20(3) The Chairperson of the Management Board may invite other officers of the University to attend its meetings when specific matters pertaining to their departments or offices are being discussed but such officers shall be in attendance only and shall not be eligible to vote. Section 20(4) The Deputy Vice-Chancellor (Administration) shall be the Secretary to the Management Board.

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 provisions of 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 by 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. Principals of Colleges and 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 by the Statutes. Section 22(3) The Principal and the campus director shall hold office for a term as 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 Principal shall hold office for a period of five years and shall be eligible for re-appointment for one further term.

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, the Principals of Colleges of the University, and such other members of staff as the Council may determine from time to time. Section 25(2) The Teaching Staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of Colleges of the University, 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, the Directors, Finance Officer 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 the staff engaged in laboratory, field instruction, workshops and such similar areas in the teaching departments under the general direction of the heads of the teaching departments, and as the Council may determine from time to time. Section 25(5) The support staff of the University shall consist of the staff engaged in general duties and such other...

Section 26. Performance of Functions in Absence of Office Holders Section 26(1) In the event of the incapacity 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 calendar days. Section 26(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council may appoint a Principal of any of the colleges within the University 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(3) In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges within the University, the Council shall appoint a member of the academic staff at the level of professor 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 event of the incapacity of any member of staff of the University other than the Vice-Chancellor...

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 in one year and ending on the 30th June in the following year. Section 27(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 28. Annual Estimates Section 28(1) The Council shall cause annual estimates to be prepared in accordance with section 44 of the Act. Section 28(2) 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 28(3)(a) expenditure on salaries, allowances and other charges in respect of members of the University; Section 28(3)(b) expenditure of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University; Section 28(3)(c) expenditure for proper maintenance of buildings and grounds of the University; Section 28(3)(d) expenditures for proper maintenance, repair and replacement of equipment and other movable property of the University; Section 28(3)(e) funding for the cost of teaching, research and outreach activities of the University; Section 28(3)(f) development expenditure; and Section 28(3)(g) creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of building or equipment and in respect of such other matters as the Council may determine from...

Section 29. Accounts and Audit Section 29(1) The Council shall cause proper books of accounts of income, expenditure, assets and liabilities of the University to be kept in accordance with section 47(1) of the Act. Section 29(2) The accounts of the University shall be audited and reported upon in accordance with the provisions of section 47 of the Act, and the Public Audit Act (Cap 412B). Section 29(3) The accounts of the University shall be audited by the Auditor-General in accordance with the provisions of the Public Audit Act (Cap 412B), the Public Finance Management Act (Cap 412A), 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 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 provisions of section 46 of 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 as the University may direct and shall not be used except in the manner authorized by the University. Section 31(3)(a) where they are required to be under seal, if sealed with the common seal of the University and authenticated by the Chairperson of the Council and any other officer of the University so authorized by the University in the provisions of this Charter; and Section 31(3)(b) where not so required, if executed in that behalf by a member authorized by the Council for that purpose. Section 31(4) A deed, instrument, contract or other documents executed in accordance with subparagraph (3) shall be effective in law to bind the University and its successor and may be varied or discharged in the same manner as that in which it was executed.

Section 32. The Statutes Section 32(1)(a) the establishment of faculties, schools, institutes and centers 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) prescribing the rules and regulations for the conduct and association of student affairs; Section 32(1)(g) setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of the staff of the University; Section 32(1)(h) the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and Section 32(1)(i) providing for or prescribing anything, which, under this Charter may be provided for or prescribed by Statutes. Section 32(2) Notwithstanding subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of th...

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 such registration any name which includes the words "Tom Mboya" and "University" together in any order, 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 words "Tom Mboya" and "University", together in any order and 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 five million shillings, or to imprisonment for a term not exceeding three years, or to both. Section 33(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 subject to authorization. Section 33(4) Notwithstanding the provisions of any other written law,...

Section 34. Revocation of Order Section 34(1) The Tom Mboya University College Order of Legal Notice No. 55 of 8th April 2016 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 35. Transitional Section 35(1) The staff of the Tom Mboya University College existing prior to the award of this Charter shall be deemed to be employees of the University under the same terms and conditions of service. Section 35(2) The students of the Tom Mboya University College pursuing diploma and certificate programmes courses immediately before the award of this Charter shall be awarded diplomas and certificates of Tom Mboya University. Section 35(3)(a) to continue and be awarded a degree of the Tom Mboya University; or Section 35(3)(b) to be awarded a degree of the Maseno University. Section 35(4)(a) the availability of space; and Section 35(4)(b) the accreditation of the relevant academic programme. Section 35(5)(a) the Council of the Tom Mboya University College shall continue to be in place and shall function as the Council of the Tom Mboya University until the appointment of the substantive Council of the University; and Section 35(5)(b) the Council of the Tom Mboya University College referred to in subparagraph (4)(a) may develop Statutes for Tom Mboya University under this Charter and the Statutes so made shall be deemed to have been made under this Charter; Se...

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.