The Charter to Establish Kenya Methodist University

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

Section 2. Interpretation. Section In this Charter, unless the context otherwise requires— "academic staff" means all persons employed by the University on academic terms of service; "Act" means the Universities Act (Cap. 210); "Alumni Association" means the alumni association of the University established by section 15 ; "Board of Trustees" means the Kenya Methodist University Board established under the Deed registered on 11th April, 1991, under the Trustees (Perpetual Succession) Act (Cap. 164) and any amendment to the Trust Deed shall be deemed to be an amendment to this Charter; "Chancellor" means the Chancellor of the University referred to in section 11 ; "Commission" means the Commission for Higher Education established under the Act; "constituent college" means a constituent college of the University established in accordance with section 4 ; "Council" means the University Council established under section 13 ; "Management Board" means the University Management Board established by section 17 ; "Senate" means the Senate of the University established by section 14 ; "Statutes" means the rules made by the Council in accordance with section 30 ; "student" means a person regis...

Section 3. Establishment and Incorporation of the University Section 3(1) There is established a university, to be known as Kenya Methodist University which shall be constituted in accordance with this Charter. Section 3(2) The University shall, through the Council and in consonance with this Charter, exercise overall responsibility over its governance and future development. Section 3(3)(a) purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(3)(b) borrowing or lending money; Section 3(3)(c) suing and being sued; Section 3(3)(d) receiving bequests and gifts for the furtherance of the objects and functions of the University; Section 3(3)(e) entering into contracts; and Section 3(3)(f) doing or performing all such other transactions or acts for the furtherance of the provisions of this Charter, which may be lawfully done or performed by a body corporate. Section 3(4) Unless otherwise specified by the Statutes, the main campus of the University shall be located at Land Reference Number Nyaki/Mulathankari/1605 in Meru. Section 3(5) The University is the successor to the Methodist Training Institute and Kaaga Rural Training Cen...

Section 4. Affiliation of Institutions Section 4(1) The University may, subject to approval by the Commission, enter into affiliations or academic linkages with any individual, group or institution as provided for in the Statutes. Section 4(2)(a) establish any college as a constituent college of the University; Section 4(2)(b) declare an institution of higher learning or any training establishment to be a constituent college of the University.

Section 5. Vision, Mission, Philosophy and Objectives Section 5(1)(a) The University shall be dedicated to the furtherance of the Christian Faith and promotion of the activities required for the restoration of relationship between human beings and God the Creator and shall strive to apply Christian principles and practical evangelism in all its endeavours. Section 5(1)(b) The University shall admit any student irrespective of nationality, race, religion, sex or socio-economic background who desires higher education, meets the admission requirements and is willing to abide by the policies and procedures of the University and its religious, social and cultural atmosphere. Section 5(2) Philosophy The University’s philosophy is to foster the intellectual, spiritual and physical development of the wholesome individual in order to recognise and utilise the available opportunities for enhancement of human development with the appropriate recognition and respect for other creations. Section 5(3) Mission The mission of the University is to provide a setting for development of intellect, skills, attitudes and values through quality teaching and learning, to promote discovery and application...

Section 6. Functions of the University Section promote and maintain an institution of higher learning offering high quality education through courses of instruction, studies, research and services to individuals, groups and the community;

Section 7. Conferment and revocation of degrees, diplomas, certificates and other awards Section 7(1)(a) confer the degrees of such kind as may be provided for in the Statutes; Section 7(1)(b) award diplomas, certificates and other awards; Section 7(1)(c) confer an honorary degree (honoris causa) or academic distinction which the University may wish to confer or award upon a person who has rendered distinguished service in the advancement of any branch of learning or cultural accomplishment or who has otherwise rendered himself worthy of such a degree or academic distinction. Section 7(2)(a) such conferment or award was contrary to any regulations prescribed in the Statues; or Section 7(2)(b) the qualification was obtained through fraudulent or other improper means. Section 7(3) Graduation ceremonies at which degrees or other awards of the University are conferred shall be held and conducted in accordance with the procedures prescribed by the Senate.

Section 8. Common seal Section 8(1) The common seal of the University shall be kept in such custody as the Council shall direct and shall not be used except as the Council shall authorise. Section 8(2) The common seal of the University shall be authenticated by the signature of the Vice-Chancellor and one other person authorised by the Council. Section 8(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 the contrary is proved, any necessary order or authorisation of the Council under this section shall be presumed to have been duly given.

Section 9. Membership Section the Chancellor;

Section 10. Governance Section the Chancellor;

Section 11. Chancellor Section 11(1) The Chancellor shall be the titular head of the University. Section 11(2) The Presiding Bishop of the Methodist Church in Kenya shall be the Chancellor of the University, and shall hold office for as long as he remains the Presiding Bishop of the Methodist Church in Kenya. Section 11(3)(a) promote the corporate image of the University; Section 11(3)(b) preside over graduation ceremonies of the University and confer degrees, grant diplomas, certificates and other awards; Section 11(3)(c) provide pastoral and spiritual oversight over the University; Section 11(3)(d) direct internal inspections and visitations of the University; and Section 11(3)(e) enjoy such powers and privileges and perform functions as provided for in the Statutes.

Section 12. Board of Trustees Section promote the interests of the Methodist Church of Kenya;

Section 13. Council Section 13(1) There shall be a University Council, which shall have the overall responsibility over the governance and operations of the University. Section 13(2) The total membership of the Council shall be at least eleven and not more than fifteen members appointed by the Board of Trustees. Section 13(3)(a) not more than two Ministers of the Methodist Church in Kenya with university experience; Section 13(3)(b) one person representing the academic staff; Section 13(3)(c) one prominent academician either in education, business or any other relevant profession; Section 13(3)(d) not more than two ecumenical representatives; Section 13(3)(e) one representative of any associations established under the Statutes; Section 13(3)(f) one representative of affiliated institutions; Section 13(3)(g) two members of the Board of Trustees; Section 13(3)(h) one person as the Board of Trustee may deem appropriate; Section 13(3)(i) such other persons as the Council may co-opt provided that the total number of members of the Council shall be odd numbers. Section 13(4) The Board of Trustees shall appoint a chairperson of the Council from any of the persons set out in subsection (3...

Section 14. Senate Section 14(1)(a) the Vice-Chancellor; Section 14(1)(b) the Deputy Vice-Chancellors; Section 14(1)(c) the Principals of the constituent colleges; Section 14(1)(d) the Registrars; Section 14(1)(e) the Deans; Section 14(1)(f) the Financial Controller; Section 14(1)(g) the University Librarian; Section 14(1)(h) the University Chaplain; Section 14(1)(i) the Heads of Departments; Section 14(1)(j) two representatives of the student association; Section 14(1)(k) one representative of the staff association; Section 14(1)(l) one representative of faculties or schools; and Section 14(1)(m) such other person as the Senate may co-opt. Section 14(2) The Vice-Chancellor shall be the chairperson of the Senate. Section 14(3) The Registrar for the time being in charge of academic affairs shall be secretary to the Senate. Section 14(4)(a) develop, approve and implement academic programmes; Section 14(4)(b) propose to the Council academic and development policies and plans of the University; Section 14(4)(c) develop policies and criteria for the admission of students; Section 14(4)(d) approve nomenclature of degree, diploma, certificate and other awards; Section 14(4)(e) receive and...

Section 15. Alumni Association Section 15(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 15(2)(a) bring together graduates and former students of the University; Section 15(2)(b) engage in fund raising activities to assist the University; and Section 15(2)(c) promote the University’s welfare and image. Section 15(3) The Alumni Association shall govern the conduct of its proceedings.

Section 16. Vice-Chancellor Section 16(1) There shall be a Vice-Chancellor appointed by the Council who shall be the chief executive of the University. Section 16(2) The Vice-Chancellor shall hold office for a period of five years and shall be eligible for re-appointment for another term of five years. Section 16(3)(a) direct, promote and co-ordinate the activities of the University; Section 16(3)(b) be responsible for academic, administrative, financial and development policies, procedures and functions; Section 16(3)(c) be the accounting officer of the University; Section 16(3)(d) act as the representative of the University and be its spokesman in its external relations; and Section 16(4) The Vice-Chancellor shall have such other powers and duties as may be provided for in the Statutes.

Section 17. Management Board Section 17(1)(a) the Vice-Chancellor, who shall be the chairperson; Section 17(1)(b) the Deputy Vice-chancellors; Section 17(1)(c) the Registrars; Section 17(1)(d) the Financial Controller; Section 17(1)(e) the University Librarian; Section 17(1)(f) the University Chaplain; Section 17(1)(g) the Principals of colleges and schools; and Section 17(1)(h) any other persons co-opted by the University Management Board as it may deem necessary. Section 17(2) The Registrar for the time being in charge of administrative matters shall be the secretary to the Management Board. Section 17(3)(a) financial operations; Section 17(3)(b) preparation of budget; Section 17(3)(c) personnel management; Section 17(3)(d) capital development; and Section 17(3)(e) students and staff welfare. Section 17(4) Subject to this Charter, the Management Board shall regulate its own procedure and the conduct of its own business.

Section 18. Deputy Vice-Chancellors Section 18(1) There shall be such number of Deputy Vice-Chancellors as may be determined and appointed by the Council in accordance with the Statutes. Section 18(2) A Deputy Vice-Chancellor shall report to the Vice-Chancellor and shall exercise such powers and perform such duties as may be provided for in this Charter and in the Statutes. Section 18(3) A Deputy Vice-Chancellor shall hold office for a period of three years and shall be eligible for re-appointment.

Section 19. Principals of constituent colleges Section 19(1) There shall be such number of Principals of constituent colleges as may be determined and appointed by the Council. Section 19(2) A principal of a constituent college shall serve as the executive head of the constituent college and perform other duties as may be conferred by the Statutes. Section 19(3) A principal of a constituent college shall hold office for a period of three years and shall be eligible for re-appointment.

Section 20. Registrars Section 20(1) There shall be such number of registrars as may be determined and appointed by the Council. Section 20(2) The registrars shall serve in accordance with the Statutes.

Section 21. University Librarian Section 21(1) There shall be a University Librarian who shall be appointed by the Council. Section 21(2) The terms of service and duties of the University Librarian shall be provided for in the Statutes.

Section 22. Deans Section 22(1) There shall be such number of Deans of the University as may be determined and appointed by the Council in accordance with the Statutes. Section 22(2) A Dean shall hold office for a period of three years and shall be eligible for re-appointment. Section 22(3) A Dean shall perform such duties as shall be provided for in the Statutes.

Section 23. Financial Controller Section 23(1) There shall be a Financial Controller who shall be appointed by the Council. Section 23(2) The terms of service and duties of the Financial Controller shall be provided for in the Statutes. Section 23(3) The Financial Controller shall report to the Vice-Chancellor.

Section 24. University Chaplain Section 24(1) There shall be a University Chaplain who shall be appointed by the Council on recommendation of the Methodist Church in Kenya. Section 24(2) The terms of service and duties of the University Chaplain shall be provided for in the Statutes. Section 24(3) The University Chaplain shall report to the Deputy Vice-Chancellor for time being in charge of academic affairs.

Section 25. Performance of duties during the incapacity of an office bearer Section 25(1) In the event of incapacity of the Vice-Chancellor, the functions of the office of the Vice-Chancellor shall be performed by one of the Deputy Vice-Chancellor as designated by the Vice-Chancellor or such other senior officer as the Vice-Chancellor shall appoint and in the event that the Vice-Chancellor is incapable of designating, by the Council. Section 25(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellor, the Council may appoint from among the senior staff any person to perform the duties of the Vice-Chancellor during the period of incapacity. Section 25(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 25(4) In this section, "incapacity" means the inability to perform duties of an office for whatever reasons including physical or mental infirmity, bankruptcy and absence from office.

Section 26. Financial year, estimates and budget Section 26(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 26(2) In the event of any change in the financial year and for the purposes of the transition from the old financial year to a new financial year consequent upon the change, the transitional period, whether more or less than twelve months, shall be deemed for the purposes of this Charter, to be a financial year. Section 26(3) Before the commencement of a financial year the Vice-Chancellor shall, through the Management Board, cause to be prepared a budget detailing the estimated revenues and expenditure during the financial year and these estimates shall be presented to the Council for approval at least three months before the commencement of the financial year. Section 26(4)(a) payment of salaries, allowances and other charges in respect of the staff of the University; Section 26(4)(b) payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University; Section 26(4)(c) proper maintenance of the buildin...

Section 27. Audit Section 27(1) The Council shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the University. Section 27(2) The accounts of the University shall be audited annually by a qualified auditor appointed by the Council. Section 27(3) Within a period of six months after the financial year the auditor shall report on the examination and audit of the accounts of the University to the Council.

Section 28. Funds and resources Section 28(1)(a) tuition, fees and other charges; Section 28(1)(b) income from University auxiliary enterprise and investments; Section 28(1)(c) endowments, gifts, trusts and bequests; and Section 28(1)(d) such other sources as the University may from time to time identify. Section 28(2) The Council may invest any of the University funds in securities in which for the time being the Board of Trustees may by law invest in trust funds or in any other securities which the Board of Trustees may from time to time approve for the purpose. Section 28(3) The Council may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purpose of the University.

Section 29. Interpretation of Charter Section This Charter shall be valid and effectual in law according to its true intent and meaning and shall be construed, subject to the provisions of the Act, in the best interest of the University and the promotion of its objectives.

Section 30. Statutes Section 30(1)(a) the establishment of colleges, faculties, schools, institutes, and departments for the University; Section 30(1)(b) the description of degrees, diplomas, certificates and other awards; Section 30(1)(c) the determination of the terms and conditions of service including the appointment, dismissal, remuneration and retiring benefits of the employees of the University; Section 30(1)(d) prescribing the rules and regulations for the students’ organisations; Section 30(1)(e) providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the Statutes. Section 30(2) Statutes shall only be made by a resolution of the Council supported by a majority of not less than half of the members present and voting being not less than half of the total membership of the Council.

Section 31. Protection of name Section 31(1) Notwithstanding the provisions of any other written law, no public officer performing the function relating to the registration of companies or business names shall accept for registration any name which includes together with the word "University", the words "Kenya Methodist" unless the application for such registration is accompanied by the written consent of the Council. Section 31(2) Any person who, except with the written consent of the Council, uses the word "University" together with the words "Kenya Methodist" in furtherance of, or in connection with any advertisement for any, trade, business, calling or profession, shall be guilty of an offence and punishable in accordance with the Act. Section 31(3) Nothing in this section shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to such person of any degree, diploma, certificate or other award of the University.

Section 32. Dissolution of the University Section In the event of the dissolution of the University, the funds, assets, property and any liability shall be vested in the Board of Trustees.

Section 33. Variation and revocation of Charter Section This Charter may be varied or revoked in accordance with the Act.