The Charter of the University of Eastern African, Baraton

Section 1. Short title Section This Charter may be cited as the University of Eastern Africa, Baraton, Charter.

Section 2. Interpretation Section In this Charter, unless the context requires otherwise— "Act" means the Universities Act (Cap. 210); "affiliated College" means a tertiary institution that has a formal academic linkage with the University of Eastern Africa, Baraton; "Board of Regents" means the supreme international academic accreditation body of the Seventh-day Adventist Church; "Business Manager" means the chief financial officer of the University; "Chancellor" means the Executive Director of the Eastern Africa Division of Seventh-day; "Chairperson" means the head of a Department; "Charter" means this Charter; "Conference” means a subdivision of a Union that is financially self-supporting; "Constituency” means the executive committee of the Eastern Africa Division whose membership is enlarged every five years for the purpose of electing regional leaders, deliberating on division-wide issues and matters relating to the University of Eastern Africa, Baraton; "Dean" means the head of a School; "Dean of Students" means the officer in charge of student affairs other than financial matters; "Deputy Vice-Chancellor" means an administrative associate of the Vice-Chancellor; "Department"...

Section 3. Establishment and incorporation Section 3(1) There shall be established a university at Baraton to be known as the University of Eastern Africa, Baraton which shall be constituted in accordance with this Charter. Section 3(2)(a) taking, purchasing or otherwise acquiring, holding, charging and disposing of property, movable or immovable; Section 3(2)(b) borrowing or lending money; Section 3(2)(c) suing and being sued; Section 3(2)(d) doing or performing all such other transactions or acts for the furtherance of the provisions of the Charter which may be lawfully done or performed by a body corporate; Section 3(2)(e) entering into contracts with the Government of Kenya, with other institutions and with individuals; Section 3(2)(f) receiving bequests and gifts which shall be used only for the purposes stated by the person or persons making such bequests or gifts. Section 3(3) The University is the successor to the University of Eastern Africa formerly affiliated to Andrews University in the U.S.A., and subject to this Charter all tights, duties, obligations, assets and liabilities of the University of Eastern Africa existing at the commencement of this Charter shall be auto...

Section 4. The common seal and signification of documents Section 4(1) The common seal of the University of Eastern Africa shall be kept in such custody as the University Council directs and shall not be used except as ordered by the University Council. Section 4(2) The common Seal of the University shall be authenticated by the signature of the Vice-Chancellor or of his designee and of a Deputy Vice-Chancellor and in the absence of the Vice-Chancellor, the Chairperson of the University Council may authenticate the seal with his signature. Section 4(3) The common seal of the University when affixed to any document and duly authenticated as provided for under this section shall be judicially and officially noticed, and, unless and until the contrary is proved, any necessary order or authorization of the University Council under this section shall be presumed to have been duly given.

Section 5. Affiliated Colleges Section The University may enter into various types of academic linkage or affiliation as approved by the University Council.

Section 6. Philosophy and objectives of the University Section 6(1) The University is a christian institution and as such espouses and expects all its students, staff and workers to also espouse a christian philosophy of life and to conduct themselves in accordance with such of the tenets and principles of that philosophy as are part of the basic affirmation of the Seventh-day Adventist Church. Section 6(2)(a) to provide a balanced educational programme that gives each student the opportunity to develop spiritually, mentally, physically and socially; Section 6(2)(b) to encourage the student to understand, appreciate and adopt a christian lifestyle and value through appropriate religious instruction in the classroom, a variety of religious services and activities and the development of an atmosphere on campus where christian principles find practical expression in all relationships; Section 6(2)(c) to help the student to strive for mental excellence by maintaining a faculty of well-qualified teachers who can guide the student in the pursuit of knowledge, assisting the student to develop intellectual curiosity, and an intense desire to reach the highest level of professional skill; a...

Section 7. Functions Section 7(1)(a) to formulate rules and procedures for its own government and financial support; Section 7(1)(b) to provide for the establishment of affiliated colleges, Schools, Department and such other institutions and facilities as the University Council might designate; Section 7(1)(c) to provide for the appointment and job descriptions of personnel to assist in the governance of the University; Section 7(1)(d) to maintain a record of its proceedings; Section 7(1)(e) to provide facilities for university education, including technological and professional education, and for research either directly or through the medium of affiliated colleges, schools or department; Section 7(1)(f) to assist in the preservation, transmission and increase of knowledge and in the stimulation of the intellectual life and cultural development of the students; Section 7(1)(g) to conduct examinations for, and to grant degrees, diplomas, certificates and other awards of the University; Section 7(1)(h) to determine the curriculum to be taught by and the qualifications of lectures; Section 7(1)(i) to co-operate with the Ministry of Education of the Republic of Kenya, in the developme...

Section 8. Degrees, diplomas, certificates and other awards Section 8(1)(a) confer the degree of Bachelor, Master, Doctor and such other degrees as may be provided for in the statutes; and Section 8(1)(b) grant diplomas or certificates or other awards. Section 8(2) The provision of subsection (1) shall apply to any degree, honoris causa , which the University may wish to confer upon a person who has rendered, distinguished service in the advancement of any branch of learning. Section 8(3)(a) the presiding officer shall be the Vice-Chancellor, or in his absence the Deputy Vice-Chancellor; Section 8(3)(b) it shall be the responsibility of the Registrar of admissions and records to certify that each candidate for a special degree has satisfied all the requirements for that degree and has paid prescribed fees; Section 8(3)(c) the certified list of candidates for degrees shall be subject to the review and approval of the administration and faculty meeting in convocation for this purpose; and Section 8(3)(d) the procedure for conferring degrees, the academic regalia to be worn and other necessary details shall be prescribed in the Statutes.

Section 9. Membership Section the Chancellor;

Section 10. Governance Section the Chancellor;

Section 11. The Chancellor Section 11(1) The Executive Director of the East Africa Division of the Seventh-day Adventist Church shall be the Chancellor. Section 11(2) The Chancellor shall, unless he is unable to do so, chair all meetings of the University Council.

Section 12. The Constituency Section to appoint quinquennially the non ex officio members of the University Council;

Section 13. The University Council Section 13(1)(a) the Chancellor; Section 13(1)(b) the Secretary of the Eastern Africa Division as first vice-Chairperson; Section 13(1)(c) the Executive Director of the East African Union as second vice-Chairperson; Section 13(1)(d) the Vice-Chancellor of the University as secretary; Section 13(1)(e) the Treasurer of the Eastern Africa Division; Section 13(1)(f) the Director of Education of the General Conference or his representative; Section 13(1)(g) the Director of Education of the Eastern Africa Division; Section 13(1)(h) the Executive Directors of all Unions in the Eastern Africa Division; Section 13(1)(i) the Director of Education of the East African Union; Section 13(1)(j) the Directors of Education of the Ethiopian Union, and Uganda Union, and the Tanzania Union on annual rotation; Section 13(1)(k) the Executive Director of the field where the University is located; and Section 13(1)(l) such number of lay persons not exceeding six and not being church employees as may be appointed by the Constituency from the local community and the Republic of Kenya at large and within the region served by the University of Eastern Africa, Baraton. Sectio...

Section 14. The Administrative Board Section 14(1) The members of the Administrative Board shall be the Vice-Chancellor; who shall be Chairperson; the Deputy Vice-Chancellor; Secretary; the Business Manager; the Dean of Students; and the Registrar of Admissions and Records. Section 14(2) The function of the Administrative Board shall be to make decisions regarding the day-to-day operations of the University.

Section 15. The General Faculty Assembly Section 15(1)(a) the Vice-Chancellor who shall be the Chairperson; Section 15(1)(b) the Registrar of Admissions and Records who shall be the Secretary; Section 15(1)(c) the Deputy Vice-Chancellor; Section 15(1)(d) the Business Manager; Section 15(1)(e) the Principal of each affiliated college; Section 15(1)(f) the Dean of Students; Section 15(1)(g) the Librarian; Section 15(1)(h) all professors and representatives of schools and colleges of the University; and Section 15(1)(i) any other persons as may be invited by the Vice-Chancellor. Section 15(2)(a) to consider and set policies on board educational issues; Section 15(2)(b) to consider plans for continued professional growth; Section 15(2)(c) to propose statutes on social, disciplinary and academic policies, and to receive reports on the operation of any aspect of the University; Section 15(2)(d) to receive reports from Members who are engaged in research projects; Section 15(2)(e) to approve such candidates for degrees, diplomas and other awards as may be recommended by the Academic Standards Committee; Section 15(2)(f) to consider such other problems that issues as may be of interest to...

Section 16. Committees Section The University Council may, by statute, establish such Committees as are necessary for the efficient discharge of the educational functions of the University.

Section 17. The Vice-Chancellor Section The Vice-Chancellor shall be the administrative and academic head of the University.

Section 18. The Deputy Vice-Chancellor Section The Deputy Vice-Chancellor shall have such functions and powers as the University Council may, by statute define.

Section 19. The Registrar of Admissions and Records Section The Registrar of Admissions and Records mill have such functions and powers as the University Council may, by statute, define.

Section 20. The Business Manager Section The Business Manager shall be the chief financial officer of the University.

Section 21. The Dean of Students Section The Dean of Students shall be responsible for all student affairs other than those related to finances.

Section 22. Performance of duties during incapacity of office holder Section 22(1) The functions of the Vice-Chancellor may be performed by the Deputy Vice-Chancellor in the event of the incapacity of the Vice-Chancellor. Section 22(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellor, the functions of the Vice-Chancellor may be performed by the Business Manager. Section 22(3) In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellor and the Business Manager, the functions of the Vice-Chancellor may be performed by the Dean of Students. Section 22(4) In the event of the simultaneous incapacity of the above named officers, the functions of the Vice-Chancellor may be performed by the Registrar for Administration and Records. Section 22(5) In the event of the incapacity of any University staff member other than the Vice-Chancellor, the Vice-Chancellor may appoint a person to perform that member's functions. Section 22(6) In this section "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concerned.

Section 23. Funds and resources Section annual grants and appropriations from the Eastern Africa Division of the General Conference;

Section 24. Budgeting Section 24(1) Before the commencement of a financial year the Vice-Chancellor shall, through the office of the Business Manager, and in consultation with the Deputy Vice-Chancellor and other personnel, prepare a budget detailing the estimated revenues and expenditure during the financial year. Section 24(2) The annual budget shall be presented to the University Council for approval.

Section 25. Accounts and audit Section The financial records of the University shall be audited annually by the auditing service of the Seventh-day Adventist Church.

Section 26. Statutes Section 26(1)(a) the establishment of schools, institutes, affiliated colleges of the University; Section 26(1)(b) the description of degrees; Section 26(1)(c) the requirements for the awarding of degrees; Section 26(1)(d) the conduct of examinations; Section 26(1)(e) prescribing fees and boarding charges; Section 26(1)(f) settling the terms and conditions of service, including appointments, dismissals, remuneration and retiring benefits of members of the staff of the University; Section 26(1)(g) the composition and procedures of the University Council, and the establishment, composition and terms of reference of the committees of the Council; Section 26(1)(h) prescribing the rules and regulations for the student form; Section 26(1)(i) providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the Statutes. Section 26(2) Notwithstanding the provisions of subsection (1) of this section, the Council shall not make, amend, or revoke any provisions relating to the functions or privileges of the Chancellor, the Vice-Chancellor, or the General Faculty Assembly without first ascertaining the opinion of the General Faculty Ass...

Section 27. Protection of name Section 27(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 such registration any name which includes together with the word "University", the words "Eastern Africa", and/or "Baraton", unless the application for such registration is accompanied by the written consent of the Council. Section 27(2) Any person who, except with the written consent of the Council, uses the word “University" together with the words "Eastern Africa, Baraton" in furtherance of, or as, or in connection with, any advertisement for, any trade, business, calling or profession, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a period not exceeding one month or to both such fine and imprisonment. Provided that nothing in this subsection shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of any degree, diploma, or certificate by the University.