The Charter for Zetech University — Esheria

Statute

The Charter for Zetech University

Legal Notice 163 of 2022 Country: Kenya As of: 31 Dec 2022 Status: In force Sections: 44
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Section 1

PRELIMINARY - 1. Short title

Part I: PRELIMINARY

Section 1. Short title Section This Charter shall be cited as the Zetech University Charter.

Section 2

PRELIMINARY - 2. Interpretation

Part I: PRELIMINARY

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 a university and any other employee designated as such by the Council; "academic year" means a continuous period of teaching examination and study, organised on a full year mode, semester mode, trimester mode and quarter mode and extending over not less than thirty weeks in a calendar year; "Act" means the Universities Act (Cap. 210); "administrative staff" means the employees of the University who are not directly engaged in teaching or research as the Council may from time to time determine; "affiliated institution" means an institution which has an academic linkage with the University for the purpose of granting of degrees and award of diplomas and certificate in accordance with the Statutes; "Alumni Association" means the organisation of all graduates and former students of the University as defined under paragraph 20 of this Charter; "alumni" means a member of the convocation of the University; "Board of Trustees" means the Board of Trustees established under the Trust Deed incorporated and registered under t...

Section 3

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 3. Establishment of the University

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 3. Establishment of the University Section 3(1) There is established a University to be known as Zetech 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) receiving, investing, borrowing or 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 is the successor of the Zetech University constituted in accordance with the Letter of Interim Authority dated 26th August, 2014. Section 3(4) All rights, duties, obligations, staff, liabilities and assets held by Zetech University or by anybody on behalf of Zetech University, existing at the commencement of this Charter, shall be automatically and fully transferred to the University, and any reference to Zetech University in any contract or document shall, for all purposes, be deemed to be reference to the University established under paragraph 3 (1) of this Charter.

Section 4

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 4. Vision, Mission, philosophy and Core values

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 4. Vision, Mission, philosophy and Core values Section 4(1) Vision: A leading University in Research, Innovation, Knowledge Creation and Dissemination. Section 4(2) Mission: To Promote Excellence in Education and Research by Integrating Innovation, Entrepreneurship and Technology to Impact Society. Section 4(3) Philosophy: Nurturing and Inspiring an Intellectually Curious, Adaptable and Innovative Generation that is guided by its Core Values. Section 4(4)(a) integrity; Section 4(4)(b) commitment to excellence; Section 4(4)(c) innovation; Section 4(4)(d) customer focus; and Section 4(4)(e) teamwork.

Section 5

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 5. Objectives and functions of the University

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 5. Objectives and functions of the University Section 5(1) The University’s objective is to provide high quality education in training, research, innovation, knowledge dissemination which leverage on information technology, business and entrepreneurship consistent with the Vision, Mission, Philosophy and Core values of the University. Section 5(2)(a) provide directly, or in collaboration, with other institutions of higher learning, facilities for technological, professional, and scientific education; Section 5(2)(b) advance knowledge and its practical application by research and other means; Section 5(2)(c) disseminate the outcomes of research by various means, and commercially exploit the results of such research; Section 5(2)(d) participate in technological innovation as well as in the discovery, transmission and enhancement of knowledge and stimulating the intellectual life in the economic, social, cultural, scientific, and technological development; Section 5(2)(e) contribute to industrial and technological development of society in collaboration with industry and other organizations; Section 5(2)(f) inculcate a culture of innovation in technology, engineering, and scie...

Section 6

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 6. Powers of the University

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 6. Powers of the University Section 6(1) The University shall do all lawful acts and things necessary or convenient to be done in connection with the performance of the objects of the University. Section 6(2)(a) impose, demand and receive fees, subscriptions and deposits and impose charges and act on behalf of the University such as property, legacy, endowment, bequest or gift for the purpose of education or research or otherwise for the furtherance of the work of the University; Section 6(2)(b) the promotion and preservation of equality of opportunity and access; and Section 6(2)(b)(i) the promotion and preservation of equality of opportunity and access; and Section 6(2)(b)(ii) effective and efficient use of resources. Section 6(2)(c) through the Council and in accordance with this Charter, exercise overall responsibility over its governance and future development; Section 6(2)(d) with the approval of the Council, enter into affiliations or academic linkages with any individuals, groups or institutions as provided for in the Statutes; Section 6(2)(e) establishing a Campus, College or a Constituent College which shall be headed by a Principal and shall have the functions, p...

Section 7

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 7. Establishment of Constituent Colleges

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 7. Establishment of Constituent Colleges Section The Cabinet Secretary may, on the recommendation of the Council, and on the advice of the Commission for University Education, 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 8

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 8. Establishment of Colleges, Campuses, Schools and Institutions

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 8. Establishment of Colleges, Campuses, Schools and Institutions Section 8(1) The Council may, on the advice of the Senate, establish Colleges or Campuses, 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 8(2) A College or Campus which is established under this paragraph shall consist of such faculties, schools, institutes or centres as may be provided by the Statutes.

Section 9

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 9. Conferment of Degrees, Diplomas, Certificates and other Awards

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 9. Conferment of Degrees, Diplomas, Certificates and other Awards Section 9(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 9(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 endeavor worthy of such a degree or academic distinction. Section 9(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 10

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 10. Convocation

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

Section 10. Convocation Section 10(1) There shall be Convocation of the University, which shall consist of such members as 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

ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY - 11. Withdrawal of Degrees, Diplomas, Certificates and other Awards

Part II: ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

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

Section 12

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 12. Membership of the University

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 12. Membership of the University Section 12(1)(a) the Sponsor; Section 12(1)(b) the Board of Trustees; Section 12(1)(c) the Chancellor; Section 12(1)(d) the Council; Section 12(1)(e) the Vice-Chancellor; Section 12(1)(f) the Deputy Vice-Chancellors; Section 12(1)(g) the Chief Operations Officer; Section 12(1)(h) the Principals of Constituent Colleges; Section 12(1)(i) the Principals of Colleges within the University; Section 12(1)(j) the Deans, Directors of Faculties, Schools or Institutes; Section 12(1)(k) the Senate; Section 12(1)(l) the University Faculty; Section 12(1)(m) the Registrars; Section 12(1)(n) the University Librarian; Section 12(1)(o) the University Religious Leaders; Section 12(1)(p) the Dean of Students; Section 12(1)(q) the Chief Legal Officer; Section 12(1)(r) the Staff of the University; Section 12(1)(s) the Students; Section 12(1)(t) the Alumni; Section 12(1)(u) the Convocation; and Section 12(1)(v) such other members of staff of the University or any other body formally admitted into association with the University, as the Council may determine from time to time. Section 12(2) The members of the University shall enjoy such rights and privileges as may...

Section 13

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 13. Governing organs

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 13. Governing organs Section 13(1)(a) the Sponsor; Section 13(1)(b) the Board of Trustees; Section 13(1)(c) the Chancellor; Section 13(1)(d) the Council; Section 13(1)(e) the Vice-Chancellor; Section 13(1)(f) the Management Board; Section 13(1)(g) the Senate; Section 13(1)(h) the Alumni Association; and Section 13(1)(i) the Students Association Section 13(2) The Governance organs of the University may set up committees for the better carrying out of the functions of the University as specified by the Statutes.

Section 14

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 14. Sponsor

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 14. Sponsor Section 14(1) The Sponsor of the University is Zetech University Limited. Section 14(2)(a) appoint members of the Board of Trustees; Section 14(2)(b) raise funds for the benefit of the University; and Section 14(2)(c) promote the objects of the University;

Section 15

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. Board of Trustees

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 15. Board of Trustees Section to appoint members of the Council;

Section 16

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 16. The Chancellor

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 16. The Chancellor Section 16(1) There shall be a Chancellor of the University who shall be appointed by the Board of Trustees in accordance with the provisions of this Charter and the Statutes. Section 16(2)(a) 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 16(2)(b) may from time to time, recommend to the Board of Trustees a visitation of the University; Section 16(2)(c) from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the University; and Section 16(2)(d) enjoy such powers and privileges and perform such other functions as may be provided in the Statutes. Section 16(3) A person appointed as a Chancellor shall be of high moral character and integrity in accordance with Chapter Six of the Constitution. Section 16(4) The functions of the Chancellor under subparagraph (2) 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 writing addressed to the Board of Trust...

Section 17

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 17. The Council

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 17. The Council Section 17(1)(a) the Chairperson who shall have at least a master’s degree and who shall be appointed by the Sponsor; Section 17(1)(b) five persons with distinguished qualifications and experience in management one of whom has at least ten years’ experience in university management; Section 17(1)(c) one person of integrity and wide experience in finance and who should be a member in good standing of the relevant professional body; and Section 17(1)(d) the Vice-Chancellor, who shall be the Secretary and an ex officio member of the Council. Section 17(2) The Council may, in consultation with the Board of Trustees, co-opt not more than two persons into the Council, if it deems necessary. Section 17(3) In the absence or incapacity of the Chairperson, the Council shall appoint any other person, except an ex officio member, from among its members to serve as the acting Chairperson. Section 17(4) A member of the Council, other than an ex officio member, shall serve for a term of three years and shall be eligible for re-appointment for one further term. Section 17(5)(a) not being an ex officio member, resigns from office in writing addressed to the Secretary of the...

Section 18

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 18. Functions of the Council

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 18. Functions of the Council Section 18(1)(a) formulate the policies of the University; Section 18(1)(b) recruit, promote or remove staff of the University; Section 18(1)(c) with the approval of the Board of Trustees, receive donations, endowments, gifts, grants or other monies and authorise disbursements; Section 18(1)(d) provide for the welfare of staff and students of the University; Section 18(1)(e) make and approve the Statutes of the University; Section 18(1)(f) support the Board of Trustees in resource mobilisation for the development of the University; Section 18(1)(g) approve the budget of the University and monitor its utilisation; Section 18(1)(h) provide guidance in administering of the University property in a manner that promotes the best interest of the University; Section 18(1)(i) appoint the Vice-Chancellor, the Deputy Vice-Chancellors and the Principals of Constituent Colleges through a competitive process, in accordance with the Statutes; and Section 18(1)(j) undertake any other functions as stipulated in the Act, this Charter and the Statutes. Section 18(2) All documents made on behalf of the Council, and all decisions of the Council, shall be signified...

Section 19

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 19. Students’ association

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 19. Students’ association Section 19(1) There shall be the Students’ Association whose members shall be elected in accordance with procedures prescribed in the Statutes. Section 19(2)(a) be the main forum through which students may express their views; Section 19(2)(b) operate under the general direction of the Senate in the manner prescribed by the Statutes; Section 19(2)(c) oversee and plan, in consultation with the Senate, students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being; Section 19(2)(d) draw the attention of the appropriate authorities, where necessary, to the special needs of the students; and Section 19(2)(e) undertake other functions as provided in its governance instruments approved by the Senate.

Section 20

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 20. Alumni Association

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 20. Alumni Association Section 20(1) There shall be an Alumni Association of the University to be known as Zetech University Alumni Association or any other name approved by the University. Section 20(2)(a) graduates of the University; and Section 20(2)(b) such other persons as may be prescribed by the Statutes. Section 20(3)(a) provide services that contribute to the University’s development; Section 20(3)(b) participate in the process of branding the University; Section 20(3)(c) have the right to meet and discuss any matter relating to their welfare; and Section 20(3)(d) on invitation by the University, participate in graduations and other activities of the University in the manner prescribed by the Statutes. Section 20(4) The Senate shall propose rules for promotion of the Alumni Association and make recommendations thereof to the Council.

Section 21

MANAGEMENT OF THE UNIVERSITY - 21. The Vice-Chancellor

Part IV: MANAGEMENT OF THE UNIVERSITY

Section 21. The Vice-Chancellor Section 21(1) There shall be a Vice-Chancellor of the University who shall be appointed by the Council. Section 21(2)(a) have the overall responsibility for the direction, organisation, administration and academic programmes of the University; Section 21(2)(b) be the Chairperson of the Senate and the University Management Board; Section 21(2)(c) be responsible to the Council for the general conduct and discipline of staff and students of the University; and Section 21(2)(d) carry out any other duty or responsibility as may be assigned by the Council. Section 21(3) The Vice-Chancellor shall hold office for a term of four years and shall be eligible for re-appointment for one further term. Section 21(4)(a) resigns by notice in writing addressed to the Chairperson of the Council; Section 21(4)(b) is, by reason of physical or mental infirmity, unable to exercise the functions of his office; Section 21(4)(c) is declared bankrupt by court of law or makes any arrangements or propositions with creditors generally; Section 21(4)(d) fails to perform the duties of his office without a valid reason; or Section 21(4)(e) dies. Section 21(5) The provisions of this...

Section 22

MANAGEMENT OF THE UNIVERSITY - 22. The Senate

Part IV: MANAGEMENT OF THE UNIVERSITY

Section 22. The Senate Section 22(1) There is established a Senate of the University which shall be responsible for all academic matters of the University. Section 22(2)(a) the Vice-Chancellor, who shall be the Chairperson; Section 22(2)(b) the Deputy Vice-Chancellors; Section 22(2)(c) the Principals of Constituent Colleges and Colleges within the University; Section 22(2)(d) the Deputy Principals of Colleges; Section 22(2)(e) the Chief Operations Officer; Section 22(2)(f) the Registrars; Section 22(2)(g) the Deans and the Directors; Section 22(2)(h) the Dean of Students; Section 22(2)(i) the Chairpersons of the teaching departments; Section 22(2)(j) the Professors; Section 22(2)(k) the Librarian; Section 22(2)(l) the Head of Information and Communication Technology; Section 22(2)(m) the Head of Quality Assurance; Section 22(2)(n) two members elected by the Academic Board or equivalent body of each Constituent College from among the members of that Board or Constituent College; Section 22(2)(o) one representative of each of the faculty Boards appointed by that Board from among its members; Section 22(2)(p) two members elected by the Students’ Association except that the members of...

Section 23

MANAGEMENT OF THE UNIVERSITY - 23. Functions of the Senate

Part IV: MANAGEMENT OF THE UNIVERSITY

Section 23. Functions of the Senate Section 23(1)(a) to satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University; Section 23(1)(b) to propose Statutes to be made by the Council regarding the eligibility of persons for admission to degree, diploma and certificate programmes; Section 23(1)(c) to propose Statutes to be made by the Council regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificates or other awards of the University; Section 23(1)(d) decide which persons have attained prescribed standards of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other awards of the University; Section 23(1)(e) initiate proposals relating to the conduct of the University’s academic programmes or affairs generally and to make representations thereon to the Council; Section 23(1)(f) recommend to the Council the establishment, or abolition or harmonization of Faculties, Schools, Institutes, Units, Departments, and Centres as the Senate may from time to time deem necessary; Section 23(1)(g) subject to the Act, to ma...

Section 24

MANAGEMENT OF THE UNIVERSITY - 24. University Management Board

Part IV: MANAGEMENT OF THE UNIVERSITY

Section 24. University Management Board Section 24(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 24(1)(b) the Deputy Vice-Chancellors; Section 24(1)(c) the Chief Operations Officer; Section 24(1)(d) the Principals of Constituent Colleges and Colleges within the University; Section 24(1)(e) the Registrars and Directors; and Section 24(1)(f) such other member of the Senior Management as the Council may determine in accordance with the Statutes. Section 24(2)(a) assisting the Vice-Chancellor on day-to-day management of the University; Section 24(2)(b) implementing University policies; Section 24(2)(c) ensuring effective, efficient and prudent use of resources; Section 24(2)(d) prepare, review, and recommend annual budgets and monthly financial statements to the Board through the Council; Section 24(2)(d)(i) prepare, review, and recommend annual budgets and monthly financial statements to the Board through the Council; Section 24(2)(d)(ii) collect fees; and Section 24(2)(d)(iii) facilitate annual audit of the University accounts; Section 24(2)(d)(iv) establish and maintain efficient and effective policies and procedures in all areas of financial management; Section 2...

Section 25

MANAGEMENT OF THE UNIVERSITY - 25. The Deputy Vice-Chancellors

Part IV: MANAGEMENT OF THE UNIVERSITY

Section 25. The Deputy Vice-Chancellors Section 25(1) The Council shall appoint such Deputy Vice-Chancellors as may be necessary to assist the Vice–Chancellor in matters prescribed in the Statutes. Section 25(2) A Deputy Vice-Chancellor shall be responsible to the Vice-Chancellor and shall exercise such powers and perform such duties as may be specified by the Statutes. Section 25(3) A Deputy Vice-Chancellor shall hold office for a term of four years and shall be eligible for re-appointment for one further term. Section 25(4) The provisions of this paragraph shall, with the necessary modifications, apply to the Principals of a Constituent College.

Section 26

MANAGEMENT OF THE UNIVERSITY - 26. Principals of Colleges within the University

Part IV: MANAGEMENT OF THE UNIVERSITY

Section 26. Principals of Colleges within the University Section The principals of Colleges within the University shall be appointed in accordance with the Statutes.

Section 27

MANAGEMENT OF THE UNIVERSITY - 27. Chief Operations Officer

Part IV: MANAGEMENT OF THE UNIVERSITY

Section 27. Chief Operations Officer Section 27(1) There shall be a Chief Operations Officer or any other designated title appointed by the Council who shall be the head of the Administration, Finance, Planning and Development Division of the University. Section 27(2) The procedure for appointment of the Chief Operations Officer and his functions shall be specified in the Statutes.

Section 28

MANAGEMENT OF THE UNIVERSITY - 28. Staff of the University

Part IV: MANAGEMENT OF THE UNIVERSITY

Section 28. Staff of the University Section 28(1) 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 28(2) 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 28(3) The technical staff of the University shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, and as the Council determine from time to time. Section 28(4) The support staff of the University shall consist of those staff engaged in general duties and as the Council may determine from time to time.

Section 29

MANAGEMENT OF THE UNIVERSITY - 29. Performance of functions in absence of an office-holder

Part IV: MANAGEMENT OF THE UNIVERSITY

Section 29. Performance of functions in absence of an office-holder Section 29(1) In the event of the incapacity or absence of the Vice-Chancellor, the Chairperson of the Council may, in consultation with the Board, appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity. Section 29(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Chairperson of Council may appoint any member of the academic staff at the rank of at least a senior lecturer to perform the functions of the Vice-Chancellor during the period of absence. Section 29(3) In the event of the incapacity of any other member of the University Management Board, the Vice-Chancellor may appoint a suitable person to perform the functions of the member during the period of absence. Section 29(4) A person appointed to perform the functions of any office under this paragraph shall do so for not more than one hundred and eighty days.

Section 30

FINANCIAL PROVISIONS - 30. Financial year and budget

Part V: FINANCIAL PROVISIONS

Section 30. Financial year and budget Section 30(1) The financial year of the University shall be the period of twelve months commencing the 1st January and ending the 31st December of each year or such other period as may be prescribed by the Statutes. Section 30(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 months, shall be regarded as a financial year for the purposes of this Charter. Section 30(3) The University Management Board shall propose and submit annual estimates to the Council two months before the commencement of the financial year for its approval in consultation with the Board of Trustees. Section 30(4)(a) the payment of salaries, allowances, and other charges in respect of the University; Section 30(4)(b) the payment of any pensions, gratuities and other charges in respect of retirement benefits which may be payable out of the funds of the University; Section 30(4)(c) the proper maintenance, development of the buildings and grounds of the University; Section 30(4)(d) the proper maintena...

Section 31

FINANCIAL PROVISIONS - 31. University Funds and resources

Part V: FINANCIAL PROVISIONS

Section 31. University Funds and resources Section 31(1)(a) tuition and other fees; Section 31(1)(b) donations and grants made to the University; Section 31(1)(c) endowments; Section 31(1)(d) gifts, bequests and trusts; Section 31(1)(e) income from auxiliary activities such as consultancy; and Section 31(1)(f) other sources as the University may identify from time to time. Section 31(2) Any funds received by the University from any donor shall, unless otherwise approved by the University, be used or channeled exclusively for the intended purpose as agreed between such donor and the University. Section 31(3) The University shall not accept funds which may limit or compromise its freedom or integrity.

Section 32

FINANCIAL PROVISIONS - 32. Internal Audit Unit

Part V: FINANCIAL PROVISIONS

Section 32. Internal Audit Unit Section 32(1) The University Management Board shall establish an Internal Audit Unit, which shall be responsible for internal control and assurance regarding the achievement of the objectives of the University and which shall be responsible to the Council. Section 32(2)(a) ensure effective and efficient operation of the University financial systems; Section 32(2)(b) institute firm Internal Control for the maintenance of the integrity, ethical values and competence of staff of the University; Section 32(2)(c) identify and analyse any risks that may face the University and advise on sound management practices for handling such risks; Section 32(2)(d) ensure that University Management Policies and Directives are strictly adhered to; Section 32(2)(e) monitor and assess the quality of performance of all the University management systems and to recommend corrective action whenever a system does not perform as intended; Section 32(2)(f) identify, capture and communicate relevant information in a form and timeframe that enables officers of the University to carry out their responsibilities and maintain accountability for the University’s Assets; and Section...

Section 33

FINANCIAL PROVISIONS - 33. Investment of Funds

Part V: FINANCIAL PROVISIONS

Section 33. Investment of Funds Section 33(1) The Board of Trustees may invest any of its funds not immediately required for its purposes, as the Board of Trustees may determine. Section 33(2) All investments made under this paragraph shall be held in the name of the University.

Section 34

FINANCIAL PROVISIONS - 34. Accounts and audit

Part V: FINANCIAL PROVISIONS

Section 34. Accounts and audit Section 34(1) The Board of Trustees shall in consultation with the Council cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities. 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 accounts of the University shall be submitted to the auditors at the end of every financial year as prescribed by the Statutes. Section 34(4) Within a period specified by the Statutes, the external auditors shall report on the examination and auditor’s report of the accounts of the University to the Board of Trustees. Section 34(5) The certified copy of the auditors’ report referred to in subparagraph (4) shall not be provided to any other persons or institution without the authority of the Board of Trustees.

Section 35

MISCELLANEOUS PROVISIONS - 35. Instruments and symbols of Governance

Part VI: MISCELLANEOUS PROVISIONS

Section 35. Instruments and symbols of Governance Section 35(1) The University shall be governed as guided by the Act, this Charter and the Statutes. Section 35(2) The symbols of authority shall be the seal, the mace, and the logo. Section 35(3) The University shall conspicuously display all its instruments of accreditation in its key premises. Section 35(4) Where any instrument of accreditation is revoked under the Act, the instruments shall be returned to the accrediting authority within fourteen days of the revocation.

Section 36

MISCELLANEOUS PROVISIONS - 36. Instruments of Authority

Part VI: MISCELLANEOUS PROVISIONS

Section 36. 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 37

MISCELLANEOUS PROVISIONS - 37. Common Seal

Part VI: MISCELLANEOUS PROVISIONS

Section 37. Common Seal Section 37(1) The Common Seal of the University shall be kept in such custody and used only as the Board of Trustees or Council shall direct, as specified in the Statutes. A document or an instrument duly sealed by authorised officers of the University shall be binding and considered as properly executed by the University. Section 37(2) The Common Seal of the University shall be authenticated by the signatures of the Vice-Chancellor and or other person duly authorised by the Council. Section 37(3) The Common Seal of the University when affixed to any document and duly authenticated shall be judicially noticed, and unless and until the contrary is proved, any order or authorisation of the Council under this paragraph shall be presumed to have been duly given. Section 37(4) All documents other than those required by law to be under Seal, made on behalf of the Council and all decisions of the Council shall be under the hand of the Chairperson, the Vice-Chancellor or the respective Deputy Vice-Chancellor or any other member of the Council duly authorised by the Council on its behalf. Section 37(5) No person, body, authority and or organisation performing any fun...

Section 38

MISCELLANEOUS PROVISIONS - 38. Statutes

Part VI: MISCELLANEOUS PROVISIONS

Section 38. Statutes Section 38(1)(a) establish colleges, campuses, faculties, institutes and schools of the University; Section 38(1)(b) provide a description of degrees, diplomas and certificates offered by the University; Section 38(1)(c) define the requirements for conferment of degrees and award of diplomas and certificates; Section 38(1)(d) provide for the manner in which examinations shall be conducted; Section 38(1)(e) set the terms and conditions of service, and schemes of service, including the appointment, dismissal and recommendation of retirement benefits of the members of staff of the University; Section 38(1)(f) describe the constitution and procedure of meeting of the Council, and the establishment, composition and terms of reference of committees of the Council; Section 38(1)(g) prescribe the rules and regulations for the Students’ Association; Section 38(1)(h) determination and collection of fees and other charges; Section 38(1)(i) any other matter that may be necessary for the better carrying out of the requirements set out in Act and this Charter. Section 38(2) Despite subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the fun...

Section 39

MISCELLANEOUS PROVISIONS - 39. Protection of name

Part VI: MISCELLANEOUS PROVISIONS

Section 39. Protection of name Section 39(1) Notwithstanding the provisions of any other written law, a public officer performing functions relating to the registration of companies, business, trust or societies shall not accept for registration an entity that includes the name "Zetech" and "University" together in any order, unless the application for the registration is accompanied by the written consent of the Board of Trustees. Section 39(2) Any person who except with the written consent of the Board of Trustees, uses the words "Zetech University" together or 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 period not exceeding three years, or to both. Section 39(3) Notwithstanding the foregoing, nothing in this paragraph shall be construed as preventing the bona-fide use by any person in pursuance of the functions of the University.

Section 40

MISCELLANEOUS PROVISIONS - 40. Fair administration, conflict of interest and liabilities

Part VI: MISCELLANEOUS PROVISIONS

Section 40. Fair administration, conflict of interest and liabilities Section 40(1) The Council, the Senate, and the University Management Board shall, in the performance of their functions, uphold the rights of any person who is likely to be affected, and in this regard shall be guided by the provisions of section 63 of the Act. Section 40(2) Where a member of the University has a personal interest in any contract or matter considered by the Council or any governing organ, that member shall disclose that interest and dissociate from the deliberations and decision making. Section 40(3) No matter or thing done by a member of the University if the matter or thing is done bona fide for executing the functions, powers or duties of the University render that member personally liable to any action, claim or demand. Section 40(4) The provisions of this paragraph shall not relieve the University of the liability to pay lawful compensation or damages to any person for any injury sustained or loss incurred. Section 40(5) If any offence under this Charter is committed by the University with the connivance of any staff, that staff shall be held personally liable of the offence.

Section 41

MISCELLANEOUS PROVISIONS - 41. Dispute Resolution

Part VI: MISCELLANEOUS PROVISIONS

Section 41. Dispute Resolution Section an arbitrator appointed by both parties; or

Section 42

MISCELLANEOUS PROVISIONS - 42. Transitional

Part VI: MISCELLANEOUS PROVISIONS

Section 42. Transitional Section 42(1) The Council in place immediately before the grant of this Charter, shall continue to be in place for the remainder of their term. Section 42(2) The Council in place immediately before the grant of this Charter may make Statutes for the University under this Charter and the Statutes so made shall be deemed to be made under this Charter. Section 42(3) The persons occupying the offices of the Vice-Chancellor and the Deputy Vice-Chancellors of Zetech University immediately before the grant of this Charter, shall continue to discharge their responsibilities and exercise such powers as set out in the Act and this Charter with respect to the University for the remainder of their term. Section 42(4) All persons who were members of staff of Zetech University shall be deemed to have been appointed under this Charter on the same Terms and Conditions of Service. Section 42(5) All the students of Zetech University, who were pursuing degree, diploma, certificate, and post graduate degree programmes as at the commencement date of this Charter, shall be deemed to be students of the University and shall complete their courses and be awarded degrees, diploma, c...

Section 43

MISCELLANEOUS PROVISIONS - 43. Variation or revocation of this Charter

Part VI: MISCELLANEOUS PROVISIONS

Section 43. Variation or revocation of this Charter Section This Charter may be varied or revoked in accordance with the Act.

Section 44

MISCELLANEOUS PROVISIONS - 44. Dissolution of the University

Part VI: MISCELLANEOUS PROVISIONS

Section 44. Dissolution of the University Section Subject to the provisions of this Charter, in the event of the dissolution or winding up of the University, after the satisfaction of all its debts and liabilities, the remainder of funds, assets or properties will be vested in the sponsor of the University.