The Charter to Establish Africa Nazarene University

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

Section 2. Interpretation Section In this Charter, unless the context otherwise requires— "alumni association" means the Alumni Association of the University established in accordance with section 12 ; "associate professor" means a person appointed by the Council as an Associate Professor of the University; "board of trustees" means the Board of Trustees of Africa Nazarene University as established by the Deed of Africa Nazarene University Trust, registered in the Republic of Kenya on 18th day of June, 1991, under the Trustees (Perpetual Succession) Act, Chapter 164 for the purpose of advancement of education and religion in Africa; "chancellor" means the chancellor of the University appointed in accordance with Section 14 ; "college" means a college of the University established by the Council in accordance with Section 9 ; "constituent college" means a constituent college established in accordance with Section 9 ; "church" means the Church of the Nazarene; "Council" means the Council of the University established in accordance with Section 15 ; University appointed in accordance with section 20 ; "faculty" means a faculty of the University established in accordance with section 9...

Section 3. Establishment and Incorporation of Africa Nazarene University Section 3(1) There is hereby established a University known as Africa Nazarene University which is constituted in accordance with this Charter. Section 3(2) Africa Nazarene University is a private Christian University and an institution of the Church of the Nazarene International which follows the Wesleyan-Holiness tradition. Section 3(3)(a) suing and being sued; Section 3(3)(b) owning, purchasing, leasing or in any other way acquiring as well as transferring, selling, charging or in any other way disposing of absolute or partial rights and interests in any movable and immovable property; Section 3(3)(c) borrowing or lending money; Section 3(3)(d) entering into contract with other institutions, organizations, bodies corporate or individual persons; Section 3(3)(e) doing or performing all such other things or acts for the proper performance of its functions for the furtherance of this Charter, as may lawfully be done or performed by a body corporate.

Section 4. Location of the University Section The Location of the University shall for the time being be situated at Land Reference Numbers Kajiado/Olekasasi/523, 524, 525 and 526 in the Republic of Kenya: Provided the Africa Nazarene University Council may vary the location of the University and notify the Commission for Higher Education.

Section 5. Vision and Mission of Africa Nazarene University Section 5(1) Vision The vision of Africa Nazarene University is to be a light to the people of Africa through higher education grounded in the Wesleyan-Holiness tradition. Africa Nazarene University, will be the University of choice for Christians desiring academic excellence, and will produce individuals of character and integrity of heart. Africa Nazarene University will be a place where lives will be transformed for service and leadership to make a difference in Africa and the world. Section 5(2) Mission The Mission of Africa Nazarene University is to provide a holistic education that develops individuals academically, spiritually, culturally and physically and to equip them with excellent skills, competencies and Christian values which will enable them to go into the world well prepared to meet the challenges of their time.

Section 6. Philosophy of the University Section 6(1) According to the Church of the Nazarene Manual 1995 , the mandate for higher education institutions by the Church of the Nazarene is to inculcate the value and dignity of human life, and provide an environment in which people can be redeemed and enriched intellectually, spiritually and physically, that is made holy, useful to the master and prepared to do any good work (2 Timothy 2: 21). Section 6(2)(a) a Christian philosophy of education rests upon an understanding of holy living; Section 6(2)(b) education is one of the pillars of Christian life that is essential for discipleship; Section 6(2)(c) education is the process of enabling a student to be transformed into an integrated, intelligent individual that Christ wants him or her to be; Section 6(2)(d) the integration of faith and learning nurtures students toward intellectual maturity and moral integrity while at the same time instilling the desire to become life-long learners (the Church of Nazarene Manual, 1995) .

Section 7. Aims and objectives of the University Section 7(1)(a) teaching, challenging and inspiring students to seize the opportunities while in the University in preparation for effective Christian living; Section 7(1)(b) inculcating students with the value and dignity of human life and the need for providing an environment in which people can be redeemed and enriched spiritually, intellectually and physically. Section 7(2)(a) develop students for effective Christian living; Section 7(2)(b) develop a community of scholars; Section 7(2)(c) develop students for leadership service; Section 7(2)(d) develop in students, an appreciation of African culture and heritage; Section 7(2)(e) equip students with the necessary knowledge and skills required in addressing the contemporary issues of both the Christian faith and sound government; Section 7(2)(f) instil in the students values that will help them stand up against discrimination on the basis of race, denomination, gender or irrelevant handicaps.

Section 8. Functions of the University Section provide resources for university education, training and research and for the establishment of colleges, seminaries, schools, faculties, departments, institutes and such other institutional arrangements as the University Council may determine;

Section 9. Establishment of Colleges, Seminaries, Faculties, Schools and Institutes Section 9(1) The Council may, with the approval of the Commission for Higher Education, and upon such conditions as shall be prescribed in the Statutes, establish or convert an existing institution as a constituent college or seminary of the University. Section 9(2) Reference in this Charter to offices or authorities of a constituent college or seminary shall be construed by reference to the Charter or other instruments by which such college or seminary is established or governed. Section 9(3) The Council may establish colleges, seminaries, faculties. schools and institutes within the University, upon such conditions as shall be prescribed in the Statutes.

Section 10. Conferment and Withdrawal of Degrees and Other Awards Section 10(1) Subject to this Charter, the University may confer any degree or award any diploma, certificate or any other form of recognition of academic or other achievement which it is for the time being authorized by a Statute of the University to confer or award. Section 10(2) Subject to this Charter, the University may confer a degree "honoris causa" upon any person who has rendered distinguished service in the advancement of any branch of learning or who has rendered distinguished service to humanity or to Africa Nazarene University. Section 10(3) The University may, under conditions which it deems fit, award certificates, prizes, fellowships, scholarships, bursaries and make other awards which it may consider necessary or desirable. Section 10(4)(a) such conferment or award was contrary to any regulations prescribed in the Statutes; or Section 10(4)(b) the qualification was obtained through fraudulent or other improper means.

Section 11. Membership of the University Section the Trustees;

Section 12. Alumni Association Section 12(1) There shall be an alumni association of the University which shall consist of graduates of the University and such other persons as may be specified by the Statutes. Section 12(2) The alumni association shall have to meet and discuss any matters which may help to further the objectives of the University and transmit resolutions thereon to the Council and the Senate, and may exercise such other powers or discharge any duties as the Statutes may prescribe.

Section 13. Organs of Governance Section the Chancellor;

Section 14. Chancellor of the University Section 14(1) There shall be a Chancellor of the University, appointed by the board of trustees, who shall be a member of the Church of the Nazarene in good standing. Section 14(2) The Chancellor shall be the titular head and patron of the University. Section 14(3) The Chancellor shall hold office for a term of five years but shall be eligible for re-appointment. Section 14(4) The Chancellor, shall among other qualifications, be a holder of at least a masters degree and shall have had wide experience in the management of institutions of higher education, public service, church or community service.

Section 15. University Council Section 15(1) There shall be a University Council which shall consist of not less than eighteen and not more than twenty-five members, all of whom shall be members of the Church of the Nazarene in good standing. Section 15(2)(a) the Chairperson, Vice-Chairperson and Honorary Treasurer who shall be appointed by the board of trustees; Section 15(2)(b) at least nine members representing various fields of the Church of the Nazarene, elected by the board of trustees; Section 15(2)(c) the Chancellor; Section 15(2)(d) the Vice-chancellor; Section 15(2)(e) the Regional Director of the Africa Region of the Church of the Nazarene; Section 15(2)(f) the Africa East Field Director of the Church of the Nazarene; and Section 15(2)(g) the Educational Services Co-ordinator for the Africa Region of the Church of the Nazarene. Section 15(3) The Council may co-opt into its membership such other persons as it may deem necessary for its functions. Section 15(4) The Chairperson, Vice-Chairperson and Honorary Treasurer of the Council shall hold office for a term of five years but shall be eligible for re-appointment. Section 15(5) The University shall be governed by the Coun...

Section 16. Functions of the University Council Section 16(2) The Council may establish such committees as it may deem necessary for the effective operation of the University, and the chairperson of the Council shall, unless he or she delegates his or her authority to any other person, chair any committees which shall be set up by the Council. Section 16(3) The Council shall carry out other functions in accordance with this Charter and the Statutes.

Section 17. Vice-Chancellor of the University Section 17(1) There shall be a Vice-Chancellor of the University who shall be appointed by the board of trustees. Section 17(2) The Vice-Chancellor shall be the Chief Executive Officer of the University. Section 17(3) The Vice-Chancellor shall be a holder of doctorate degree and a member of the Church of the Nazarene in good standing. Section 17(4) The Vice-Chancellor shall be the chief administrative, academic and accounting officer of the University and shall be answerable to the board of trustees through the Council and shall carry out all his or her functions in accordance with the terms of this Charter, the Statutes, the Rules and Regulations of the University. Section 17(5) The Vice-Chancellor shall hold office for a term of five years but shall be eligible for re-appointment. Section 17(6) The Vice-Chancellor shall be appointed on such other terms and conditions as the board of trustees may determine. Section 17(7) The Vice-Chancellor shall be Secretrary to the Council and its committees, and shall be chairperson of the Senate, the Administrative Board and all Senate Committees. Section 17(8) The Vice-Chancellor shall preside ove...

Section 18. Senate Section 18(1)(a) the Vice-Chancellor who shall be Chairperson; Section 18(1)(b) the Deputy Vice-Chancellors; Section 18(1)(c) the Principals of constituent colleges and constituent seminaries of the University; Section 18(1)(d) the Principals of the colleges and heads of seminaries; Section 18(1)(e) the Deans of faculties and Directors of institutes and schools; Section 18(1)(f) the Chairpersons of teaching departments; Section 18(1)(g) the Professors of the University; Section 18(1)(h) the Academic Registrar; Section 18(1)(i) the University Librarian; Section 18(1)(j) the Dean of Students; Section 18(1)(k) one representative of each faculty, institute or school board, appointed by that board from among its members; Section 18(1)(l) not more than two students of the University co-opted by the Senate to sit in the Senate meetings as it may in its discretion deem appropriate; and Section 18(1)(m) such other members as may be provided for in the Statutes. Section 18(2) The Deputy Vice-Chancellor responsible for academic affairs shall be the Secretary to the Senate. Section 18(3)(a) to plan and formulate courses of study for the University and to satisfy itself conce...

Section 19. Administrative Board Section 19(1)(a) the Vice-Chancellor, who shall be the Chairperson; Section 19(1)(b) the Deputy Vice-Chancellors; Section 19(1)(c) the Principals of colleges and seminaries; Section 19(1)(d) any other person co-opted by the Administrative Board as it shall deem necessary. Section 19(2) The Deputy Vice-Chancellor in charge of administration shall be the Secretary to the Administrative Board. Section 19(3)(a) financial operations; Section 19(3)(b) personnel management; Section 19(3)(c) capital development; Section 19(3)(d) academic affairs; Section 19(3)(e) student and staff welfare. Section 19(4) Subject to this Charter, the Administrative Board shall regulate its own procedures and the conduct of its own business.

Section 20. Deputy Vice-Chancellors Section The Council shall, on the recommendation of the Vice-Chancellor, appoint Deputy Vice-Chancellors who shall be responsible to the Vice-Chancellor for all matters within their areas of operation.

Section 21. Staff of the University Section 21(1) The academic staff of the University shall consist of the Deputy Vice-Chancellors, Professors, Associate Professors, University Librarian, the Academic Registrar and all teaching staff. Section 21(2) The Administrative Staff of the University shall consist of the Deputy Vice-Chancellors, Finance Officer, Administrative Registrar, Director of Personnel, Director of Institutional Services, Dean of students and such other members of staff not engaged in teaching as the Council may, from time to time, determine. Section 21(3) The staff of University shall be appointed by the Council. Section 21(4) The Council may delegate, either generally or specifically to the Vice-Chancellor, the power to appoint any member of staff of the University. Section 21(5)(a) be subject to the general authority of the Council through the Vice-Chancellor; Section 21(5)(b) be deemed to be employed on a full-time basis except as otherwise specifically provided by the Statutes or by the terms of a particular appointment.

Section 22. Performance of Duties during the Incapacity of an Office Bearer Section 22(1) In the event of the incapacity of the Vice-Chancellor, the duties of the Vice-Chancellor may be performed by a Deputy Vice-Chancellor during the period of incapacity. Section 22(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Chancellor, after consultation with the Council, may appoint from among the senior staff of the University, any person to perform the duties of the Vice-Chancellor during the period of incapacity. Section 22(3) In the event of the incapacity of a member of staff of the University other than the Vice-Chancellor, the Vice-Chancellor may appoint a suitably qualified person to perform the duties of the member of staff during the period of incapacity. Section 22(4) "Incapacity" includes illness, bankruptcy, absence from Kenya, and such other causes as may be stipulated in the Statutes, which render the office-holder unable to perform the functions of

Section 23. Funds of the University Section 23(1)(a) tuition fees, boarding and catering charges and other fees charged by the University; Section 23(1)(b) income from the university's auxiliary enterprises and investments; Section 23(1)(c) Such other sources as the University Council may from time to time determine. Section 23(2) The University may, from time to time, invite, and with or without such invitation, may receive contributions or funds by way of donations or otherwise for the support and for the benefit or purpose of the University. Section 23(3) All the funds of the University shall be deposited in the name of the University at a bank or banks approved by the Council. Section 23(4)(a) a capital funds account designated for the development of movable or immovable property; and Section 23(4)(b) an operational funds account and such other accounts as may be established for the day-to-day management and administration of the University. Section 23(5) The funds in the above accounts shall not be combined without the written approval of the Council. Section 23(6) The Council shall appoint the signatories for each of the accounts of the University in such manner as may be sti...

Section 24. Financial Year Section 24(1) The financial year of the University shall be the period of twelve months commencing on such day in each year as the Council may determine. Section 24(2) In the event of any change in the financial year, and for the purpose 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 purpose of this Charter to be a financial year.

Section 25. Annual Budget Section 25(1) At the beginning of each financial year, the Council shall cause to be prepared a budget for the revenue and expenditure of the Section 25(2)(a) the payment of salaries, allowances, and other charges in respect of the staff of the University; Section 25(2)(b) the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University; Section 25(2)(c) the proper maintenance of the buildings and grounds of the University; Section 25(2)(d) the proper maintenance, repairs and replacement of the equipment and other movable property of the University; Section 25(2)(e) the funding of the cost of teaching and research activities in the university; Section 25(2)(f) the creation of such reserve funds to meet future or contingent liabilities of the University in such matters as the Council may deem fit. Section 25(3) The Budget shall be approved by the Council before the beginning of the financial year to which it relates. Section 25(4) Except with the approval of the Council, communicated through the Vice Chancellor, no expenditure shall be incurred except in strict adherence to the...

Section 26. Audit Section 26(1) The Council shall cause to be kept proper books and records of accounts of income, expenditure and assets of the University. Section 26(2) All funds of the University shall be audited annually, within a period of three months from the end of each financial year, by a qualified independent auditor appointed by the Council. Section 26(3) Within a period of six months after the end of the financial year, the auditor shall report on the examination and audit of the account of the University to the Council. Section 26(4) The Council shall forward a copy of the audited report to the board of trustees.

Section 27. Common Seal and Signification of Documents Section 27(1) The Common Seal of the University shall be kept in such safe custody as the Council may direct and shall not be used except upon the order of the Council. Section 27(2) The Common Seal of the University shall be authenticated by the signature of the Vice-Chancellor and of one other person authorized by the Council. Section 27(3) The Common Seal of the University when affixed to any document and duly executed in accordance with this Charter shall have the legal validity and unless otherwise proved, shall be deemed to have been authorized by the Council.

Section 28. Power to make Statutes Section 28(1)(a) the establishment of colleges, seminaries, faculties, institutes and schools of the University; Section 28(1)(b) the description of degrees; Section 28(1)(c) the requirements for the award of degrees; Section 28(1)(d) the conduct of examinations; Section 28(1)(e) prescribing fees, boarding and other charges; Section 28(1)(f) setting the terms and conditions of service, including appointment, dismissal, remuneration and retirement benefits of the members of the University; Section 28(1)(g) the constitution and procedure of meetings of the Council and the Senate, and the establishment, composition and terms of reference of Committees of the Council; Section 28(1)(h) prescribing the rules and regulations for the students' organization. Section 28(2) Statutes shall only be made by a resolution of a majority of not less than half of all the members of the Council. Section 28(3) The Statutes shall commence, on the day the Charter is awarded. Section 28(4) No Statute shall be valid if it contravenes or is in conflict with any provision of this Charter.

Section 29. Protection of Name Section 29(1) Notwithstanding the provision of any written law, no public officer performing 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 "Africa Nazarene" unless the application for such registration is accompanied by written consent of the Africa Nazarene University Council. Section 29(2) Any person who, except with the written consent of the Council, uses the word "University" together with the words "Africa Nazarene" in furtherance of or as, or in connection with any advertisement, trade, business, calling or profession, shall be guilty of an offence and liable for punishment in accordance with the laws of 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 of a degree, diploma, or certificate or any other form of recognition of academic or other achievement by the University.

Section 30. Variation and Revocation of the Charter Section the President may, at any time, vary the provisions of this Charter if he is of the opinion that such variation is in the interests of university education in Kenya generally or may assist the institution concerned to carry out its functions in a more efficient manner;

Section 31. Dissolution of the University Section In the event of the dissolution of the University by revocation of the Charter or by any other lawful process, the funds, assets, property and any liability shall revert to the board of trustees.