The Charter for Umma University

Section 1. Short title Section This Charter may be cited as the Umma University Charter.

Section 2. Interpretation Section In this Charter, unless the context otherwise requires— "academic staff” means any person appointed to teach, train or to do research at the University, and any other appointee designated as such by the Council under this Charter; "Act" means the Universities Act (Cap. 210); "Alumni Association" means the Association of Umma University graduates established under section 24 of this Charter; "annual budget" means the estimates prepared in respect of any financial year under section 33 of this Charter; "Chairperson of Council" means the Chairperson of the Umma University Council appointed under section 19 of this Charter; "Chancellor" means the Chancellor of Umma University appointed under section 17 of this Charter; "Charter" means the Umma University Charter 2019; "College" means an academic unit comprising of faculties, schools or institutes; "Commission" the Commission for University Education established under the Act; "common seal" means a semi-autonomous academic unit of the university, established under section 10 of this Charter; "Dean" means an officer elected or appointed to head a Faculty, School, Institute, or Dean of Students of the Uni...

Section 3. Establishment and Incorporation of the University Section 3(1) There is hereby established a private university to be known as "Umma University" which shall be constituted according to this 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; 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 provisions of this Charter, which may be done by a body corporate. Section 3(3) The University is the successor to the Thika College for Sharia and Islamic Studies established in 1998, and subject to this Charter, all rights, duties, obligations, assets and liabilities of the Thika College for Sharia and Islamic Studies existing at the commencement of this Charter shall be automatically and fully transferred to the University.

Section 4. Vision Section The Vision of Umma University shall be "To be excellent in higher education and innovative technology based on high moral values".

Section 5. Mission Section The Mission of Umma University shall be "To provide quality university education and training through nurturing and promoting creative and innovative transmission and integration of knowledge and technology in order to produce wholesome graduates of high value and integrity".

Section 6. Core Values: Section Integrity: The University strives to uphold the Islamic values of honesty, trustfulness and sincerity, while remaining ethical and fair in all its activities. The University seeks to maintain a professional outlook while conducting business. The time and effort put into every programme and activity is true to the mission of providing quality university education and training in a professional manner.

Section 7. Philosophy Section The philosophy of the University is based on values that emphasize on the total development of individual talent, moral rectitude, hard work and competitiveness so as to encourage excellence in all spheres of life. It is also based on dedication to the furtherance of principles that promote peaceful coexistence between people professing different faiths.

Section 8. Aims and Objects Section 8(1)(a) to enhance access to University education for communities in Kenya and beyond; Section 8(1)(b) to provide, directly or in collaboration with other institutions of higher learning, facilities for quality university education including technological, scientific and professional education, the integration of teaching, research, outreach and effective application of knowledge and skills to the life, work, and welfare of all students and stakeholders from Kenya and beyond; Section 8(1)(c) to provide and advance university education and training to appropriately qualified candidates, leading to the conferment of Degrees and award of Diplomas and Certificates and such other qualifications as the Council and the Senate may from time to time determine, and in so doing contribute to the realisation of sustainable national economic and social development; Section 8(1)(d) to provide programmes, products, and services in ways that reflect the principles of equity and social justice; Section 8(1)(e) to produce and advance applied artistic, scientific, technological and professional graduates for the changing labour markets and developmental challenges;...

Section 9. Functions Section 9(1)(a) to provide resources for university level education, training and research; Section 9(1)(b) to develop and implement new academic programmes including those that culminate in degrees, diplomas and certificates; Section 9(1)(c) to establish schools, institutes, departments, centres, recreational and sports facilities, and such other units as the University Council may deem necessary; Section 9(1)(d) to foster the general welfare of students and staff; Section 9(1)(e) to facilitate teaching, training, research, community service and other scholarly works; Section 9(1)(f) to participate in the discovery, transmission and preservation of knowledge and to stimulate spiritual and intellectual life; Section 9(1)(g) to undertake resource mobilisation for funds and provide financial and other assistance to needy students through University scholarships and other financial aid; Section 9(1)(h) to conduct examinations and to grant academic awards as may be provided for in the Statutes, and to syndicate examinations for award at other institutions as may be approved by Senate; Section 9(1)(i) to engage in teaching, training, scholarship, entrepreneurship, r...

Section 10. Establishment of Constituent Colleges Section The Cabinet Secretary may on the advice of the Council, and the recommendation of the Commission by order published in the Gazette establish or declare an institution of learning or higher education or any training establishment to be a constituent college of the University.

Section 11. Establishment of Colleges and Campuses Section 11(1) The University Council may on the advice of the Senate establish Colleges or Campus Colleges, to offer training and courses of instruction consistent with its mission and objects whose functions and powers shall be as provided by the Statutes. Section 11(2) A college or campus which is established under this section shall consist of such faculties, schools, institutes or centres as may be provided by the Statutes.

Section 12. Conferment of Degrees, Diplomas, Certificates and other Awards Section 12(1)(a) grant degrees (Bachelors', Masters', Doctorate and other awards), diplomas, certificates and other academic awards as may be provided for by the Statutes; Section 12(1)(b) 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 endeavour worthy of such a degree or academic distinction. Section 12(2) Subject to this Charter, the University may award fellowships, scholarships, bursaries and prizes and make other awards as may be provided for in the Statutes.

Section 13. Withdrawal of Degrees, Diplomas, Certificates and other Awards Section Subject to this Charter, the University Council may on the recommendation of Senate, for good cause cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards as may be provided for in the Statutes.

Section 14. Membership Section 14(1)(a) the Board of Trustees; Section 14(1)(b) the Chancellor; Section 14(1)(c) the Members of the University Council; Section 14(1)(d) the Vice-Chancellor; Section 14(1)(e) the Deputy Vice-Chancellors; Section 14(1)(f) the Principals of Colleges and Campus Colleges; Section 14(1)(g) the Registrars; Section 14(1)(h) the Deans of Faculties, Schools or Institutes or other specified functional divisions; Section 14(1)(i) the Students; Section 14(1)(j) the Dean of Students; Section 14(1)(k) the professors of the University; Section 14(1)(l) the University Librarian; Section 14(1)(m) the Chief Legal Officer; Section 14(1)(n) the Finance officer; Section 14(1)(o) the University Imam ; Section 14(1)(p) the members of the Alumni Association; Section 14(1)(q) the academic staff; Section 14(1)(r) the non-teaching staff; and Section 14(1)(s) all other Staff of the University. Section 14(2) The University shall have such other members of staff or any other body formally admitted into association with the University or with any of its constituent colleges, as the Council may determine from time to time.

Section 15. Governance Section 15(1)(a) the Board of Trustees; Section 15(1)(b) the Chancellor; Section 15(1)(c) the University Council; Section 15(1)(d) the Senate; Section 15(1)(e) the University Management Board; Section 15(1)(f) the Vice Chancellor; Section 15(1)(g) the Deputy Vice Chancellors; Section 15(1)(h) the Principals of colleges; Section 15(1)(i) the Deans of Schools and faculties; Section 15(1)(j) the Chairpersons of Departments; Section 15(1)(k) the Alumni Association; and Section 15(1)(l) the Students Association. Section 15(2) The governance organs may set up committees to perform such functions as may be stipulated by the Statutes.

Section 16. Board of Trustees Section 16(1) The Board of Trustees of the University shall be appointed by the sponsor of the University. Section 16(2) The Board of Trustees shall be a body corporate with perpetual succession established by the Trust Deed under the Trustees (Perpetual Succession) Act, Chapter 164 of the Laws of Kenya. Section 16(3)(a) the ownership of the University on behalf of the sponsor; Section 16(3)(b) all moveable and immovable assets of the University, which it shall hold in trust for the University; Section 16(3)(c) the function of safeguarding the foundational object of the University; and Section 16(3)(d) the powers to appoint or remove from office the Chancellor or members of the University Council.

Section 17. The Chancellor Section 17(1) There shall be a Chancellor of the University who shall be appointed by the Board of Trustees and who shall hold office in accordance with the provisions of the Act and the Statutes. Section 17(2) The Chancellor shall hold office for a term of five years but shall be eligible for re-appointment for one further term. Section 17(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 17(3)(b) may from time to time, recommend to the Board of Trustees a visitation of the University; Section 17(3)(c) may from time to time give to the Council advice which the Chancellor considers necessary for the betterment of the University; Section 17(3)(d) shall enjoy such powers and privileges and perform such other functions as may be provided in this Charter.

Section 18. The University Council Section 18(1) There shall be a University Council, which shall be appointed by the Board of Trustees in accordance with the Act, this Charter and the Statutes. Section 18(2)(a) a Chairperson, being the holder of an earned doctorate degree from a recognised institution, who shall be elected by the Council members appointed under subsection (1) from among themselves, at their first meetings; Section 18(2)(b) a vice-Chairperson who shall be elected by Council members appointed under subsection (1) from amongst themselves at their first meeting; Section 18(2)(c) two persons nominated by the sponsor, one of whom must have an earned doctorate degree from a recognized institution; Section 18(2)(d) three senior academicians, not being employees of the University, appointed by the Board of Trustees, by virtue of their experience in higher education; Section 18(2)(e) three prominent persons appointed by the Board of Trustees, from public and private sectors in Kenya; Section 18(2)(f) one prominent Islamic scholar appointed by the Board of Trustees, who must have at least a Master's degree from a recognized institution; Section 18(2)(g) the Vice-Chancellor w...

Section 19. Chairperson of the University Council Section 19(1) The Chairperson shall preside over all meetings of the University Council at which he is present, but in the absence of the Chairperson, the vice-Chairperson shall preside. Section 19(2) The Chairperson shall perform such other functions as may be provided in the Statutes.

Section 20. Functions of the University Council Section 20(1)(a) promote the aims and objectives of the University; Section 20(1)(b) set the strategic direction for the University; Section 20(1)(c) formulate, in consultation with the University Management Board, rules and regulations for the proper governance of the University; Section 20(1)(d) develop the infrastructure of the University and ensure that quality and integrity of academic programs and professional courses of the University are maintained; Section 20(1)(e) appoint, manage and discipline all officers of the University; Section 20(1)(f) approve the Statutes and other policies and regulations of the University; Section 20(1)(g) approve the annual budget of the University; Section 20(1)(h) authorise the use of income and expenditure of funds outside the approved annual budget; Section 20(1)(i) approve the establishment of constituent campuses, colleges, faculties, schools, institutes, departments, divisions, and centres to offer training, research and courses of instruction consistent with the mission and objectives of the University; Section 20(1)(j) approve, upon recommendations by the University Management Board, term...

Section 21. The Senate Section 21(1) There shall be Senate of the University as provided for in the Act and the Statutes. Section 21(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 21(2)(b) the Deputy Vice-Chancellors, of whom the Deputy Vice-Chancellor (Academics and Student Affairs) shall serve as Secretary; Section 21(2)(c) the Principals of Colleges and Campus Colleges; Section 21(2)(d) the Deputy Principals of Colleges and Campus Colleges; Section 21(2)(e) the Registrars; Section 21(2)(f) the Chief Finance Officer; Section 21(2)(g) the Dean of Students; Section 21(2)(h) the Deans of Faculties and Schools; Section 21(2)(i) the Directors of Institutes and Directorates; Section 21(2)(j) the Chairpersons of Departments; Section 21(2)(k) the Professors of the University; Section 21(2)(l) two members elected by the Academic Board of each College from among the members of that Board; Section 21(2)(m) the University Librarian; Section 21(2)(n) the Associate Deans of Faculties; Section 21(2)(o) two members elected by the Students' Association, except that such members shall not be entitled to attend deliberations of the Senate on matters relating to examinations; and S...

Section 22. Functions and powers of the Senate Section to recommend to the Council, through the University Management Board, the establishment or abolition of academic programmes and titles of certificates, diplomas, degrees and other awards of the University;

Section 23. The Students Association Section 23(1) There shall be a Students' Association which shall serve and represent the students of the University and act as the main forum through which students may express their views and grievances concerning their academic and social life. Section 23(2)(a) to oversee and plan, in consultation with University Management Board, students' activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being; Section 23(2)(b) to draw the attention of the appropriate authorities, where necessary, to the special needs of the students; Section 23(2)(c) to undertake such other functions as may be provided in its governance instruments approved by the Senate.

Section 24. The Alumni Association Section 24(1) There shall be an Alumni Association of the University which shall consist of graduates and such other persons as may be prescribed by the Statutes. Section 24(2) The Alumni Association of the University shall participate in the process of appointment of the Chancellor within the provisions of the Act and the Statutes. Section 24(3) The Alumni Association shall have the right to meet and discuss any matter relating to the University and to transmit its resolutions thereon to the Council and the Senate, and may exercise such other functions as may be prescribed in the Statutes and in its Constitution.

Section 25. The University Management Board Section 25(1) There shall be a University Management Board as provided for in the Act and the Statutes. Section 25(2)(a) the Vice-Chancellor who shall be the Chairperson; Section 25(2)(b) the Deputy Vice-Chancellors, of whom the Deputy Vice-Chancellor (Planning, Administration and Finance or the equivalent) shall serve as Secretary; Section 25(2)(c) the Principals of Colleges and Campus Colleges; Section 25(2)(d) the Registrar (Academics and Student Affairs); Section 25(2)(e) the Registrar (Research, Innovation and Outreach); Section 25(2)(f) the Registrar; Section 25(2)(g) the Chief Finance Officer; Section 25(2)(h) the University Librarian; Section 25(2)(i) the Principals of Colleges and Campus Colleges; Section 25(2)(j) such other senior officers of the university as the University Management Board may from time to time co-opt. Section 25(3)(a) overseeing the day-to-day running of the University; Section 25(3)(b) proposing rules and regulations to the University Council for the administration of the University; Section 25(3)(c) preparation of master and strategic development plans, formulation of development priorities, and submission...

Section 26. The Vice-Chancellor Section 26(1) There shall be a Vice-Chancellor of the University who shall be competitively recruited by the Council. Section 26(2)(a) be the academic and administrative head of the University; Section 26(2)(b) have the overall responsibility for the direction, organization, administration and programmes of the University; Section 26(2)(c) be the Chairperson of the University Management Board and the Senate; Section 26(2)(d) have such other powers and duties as may be may be provided in the Statutes. Section 26(3) The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term based on his or her satisfactory performance; Section 26(4) The terms and conditions of service of the Vice-Chancellor shall be as may be prescribed in the Statutes and the instrument of engagement.

Section 27. Deputy Vice-Chancellors Section The University Council shall appoint two or more Deputy Vice-Chancellors to assist the Vice-Chancellor in matters pertaining to academics, research and collaboration, and administrative functions of the University.

Section 28. Principals of Colleges and Campuses Section 28(1) The Principal of a College or Campus shall be appointed competitively by the University Council and shall be the academic and administrative head of the respective College or Campus. Section 28(2) The Principal shall hold office upon such terms and for such period as may be provided for by the Statutes and shall be eligible for re-appointment for one further term subject to satisfactory performance.

Section 29. Deans of Faculties/Schools/Institutes Section 29(1) There shall be Deans of faculties, schools and institutes who shall be appointed by the Vice-Chancellor in consultation with the University Management Board. Section 29(2) The duties, responsibilities and terms of office of the Deans shall be as prescribed by the Statutes.

Section 30. Performance of Duties during the incapacity of an office holder Section 30(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 for a maximum period of one hundred and eighty calendar days. Section 30(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council shall appoint one of the Principals of Colleges within the University to perform the functions of the Vice-Chancellor during the incapacity for a maximum period of one hundred and eighty calendar days. Section 30(3) In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellors, and the Principals of Colleges within the University, the Council shall appoint a member of the academic staff at the level of a professor to perform the functions of the Vice-Chancellor during the incapacity for a maximum of one hundred and eighty calendar days. Section 30(4) In this section "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concer...

Section 31. University Financial Year Section 31(1) The financial year of the University shall be the period of twelve (12) months commencing and ending as prescribed by the Statutes more specifically January to December. Section 31(2) In the event of any change in the financial year, and for the purposes of the transition from the old financial year to the new financial year because of this change, the transitional period, whether more or less than twelve (12) months, shall be regarded as a financial year for the purposes of this Charter. Section 31(3) The Vice-Chancellor shall submit quarterly financial reports to the University Council within a financial year.

Section 32. Sources of Funds Section tuition and other fees;

Section 33. Annual Budget Section 33(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 that year. Section 33(2) The Vice-Chancellor shall submit a proposed budget to the University Council two (2) months before the start of the financial year. Section 33(3) The proposed budget shall make provision for all the estimated expenditure of the University for the fiscal year concerned. Section 33(4) The Annual budget shall be approved by the Council before the commencement of the fiscal year to which they relate. Section 33(5) No expenditure shall be incurred for the purposes of the University except in accordance with the annual approved budget under subsection (4) or in pursuance of an authorization by the Council.

Section 34. Accounts and Audit Section 34(1) The University Management Board shall cause all proper books and records of account of the income, expenditure and assets of the University to be kept. Section 34(2) A firm of external auditors appointed by the Board of Trustees shall audit the accounts of the University. Section 34(3) The University Management Board shall submit the accounts of the University to the Auditors within a period specified by the Statutes from the end of every financial year. Section 34(4) Within a period specified by the Statutes, the external auditors shall report on the examination and audit of the accounts of the University to the Board of Trustees through the University Council.

Section 35. Common Seal and the Signification of Documents Section 35(1) The symbols of authority shall be the Common Seal, the Mace, and the Logo. Section 35(2) The Common Seal of the University shall be kept in the custody of the Vice-Chancellor or as the University Council directs, and shall be used upon the order and direction of the University Council, or the Vice-Chancellor. Section 35(3) The Common Seal of the University shall be authenticated by the signature of the Chairperson of the University Council, or in the absence of the Chairperson, by the Vice Chairperson or one other member of the Council duly authorized by the Council, or the Vice-Chancellor, and countersigned by one of the Deputy Vice-Chancellors. Section 35(4) The Common Seal of the University when affixed to any document and duly authenticated under this section shall be judicially and officially noticed, and any necessary order or authorisation of the University Council or the Vice-Chancellor under this section shall be presumed to be duly given, unless the contrary is proved. Section 35(5) The University mace shall be the symbol of power and shall be stored, displayed, and used as provided in the Statutes.

Section 36. Statutes Section 36(1)(a) the establishment of constituent colleges, faculties, institutes, schools, centers and departments of the University; Section 36(1)(b) the description of degrees, diplomas and certificates; Section 36(1)(c) the defining the requirement for the 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 procedures of the meetings of the Council, and the establishment, composition and terms of reference of the Committees of the Council; Section 36(1)(h) prescribing the rules and regulations for the Students Association. Section 36(2) Notwithstanding subsection (1), the University Council shall not enact, amend or revoke any Statutes without reference to the Senate. Section 36(3) Statutes shall only be enacted by a resolution passed by two-thirds majority of all members present and entitled to...

Section 37. Protection of the Name Section 37(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 registration any name that includes the word "Umma" together with the word "University" or "College". Section 37(2) A person shall not use the name of the University as established by this Charter for the purposes of advertisement, publication, business, trade or profession, without the consent of the University Council. Section 37(3) Any person who, except with the written consent of the Council, uses the word "Umma" together with the word "University" or "College" 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 three (3) years or both. Section 37(4) Notwithstanding the foregoing, nothing in this section shall be construed as preventing the bona-fide use of the name of the University by staff, students and Alumni of the University in pursuance of the func...

Section 38. Variation, Transition and Revocation of the Charter Section This Charter may be varied, amended or revoked in accordance with the provisions of section 22 of the Act.