The Charter to Establish Strathmore University — Esheria

Statute

The Charter to Establish Strathmore University

Legal Notice 86 of 2008 Country: Kenya As of: 31 Dec 2022 Status: In force Sections: 35
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Section 3

ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 3. Establishment and Incorporation of Strathmore University

Part II: ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY

Section 3. Establishment and Incorporation of Strathmore University Section 3(1) There is established Strathmore University. Section 3(2)(a) is to have a seal; Section 3(2)(b) may sue and be sued; Section 3(2)(c) has the functions and powers set out in this charter. Section 3(3) The University is the successor of Strathmore College and Kianda College, and subject to this Charter, all rights, duties obligations, assets and liabilities of Strathmore College and Kianda College existing at the commencement of this Charter are transferred to and vest in the University.

Section 4

ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 4. Mission and Philosophy

Part II: ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY

Section 4. Mission and Philosophy Section 4(1) The mission of Strathmore University is the advancement of education through teaching, scholarship and service to society by inter alia providing an all-round quality education in an atmosphere of freedom and responsibility; creating a culture of continuous improvement; fostering high moral standards; and developing a spirit of service and respect for others. Section 4(2) The University shall operate as a non-profit organization. Section 4(3)(a) A university must strive to serve society through the provision of quality academic and professional training, as well as human and moral training. Section 4(3)(b) A university should provide the most suitable means to improve the moral, social and economic conditions of the person and of society as a whole. Section 4(3)(c) There are two orders of knowledge, faith and reason, and these orders of knowledge complement one another and can develop without opposing each other. Section 4(3)(d) Modern development trends are fully dependent on emerging technologies and universities have a role to play in such trends.

Section 5

ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 5. Objects and functions of the University

Part II: ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY

Section 5. Objects and functions of the University Section 5(1) The objects of the establishment of the University is to provide an all-round quality education to qualified students of all backgrounds and to achieve excellence in research and academics. Section 5(2)(a) to devise and implement academic programmes; Section 5(2)(a)(i) to devise and implement academic programmes; Section 5(2)(a)(ii) to conduct student attachments and internships; Section 5(2)(a)(iii) to promote research and innovation; and Section 5(2)(a)(iv) to provide ancillary services; Section 5(2)(b) to determine the qualifications and eligibility of persons from the Republic of Kenya and elsewhere for certificate, diploma, undergraduate and graduate studies at the University; Section 5(2)(c) to determine who may teach, what may be taught and how it may be taught in the University under the educational philosophy and objects of the University; Section 5(2)(d) to conduct examinations for and to grant and confer degrees, diplomas, certificates and other awards of the University; Section 5(2)(e) to provide adequate equipment and facilities necessary for providing a high quality education, for carrying out research an...

Section 6

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

Part II: ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY

Section 6. Powers of the University Section establish colleges, constituent colleges or constituent campuses to offer training and courses of instruction consistent with its mission and objects;

Section 7

ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 7. Graduation ceremony

Part II: ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY

Section 7. Graduation ceremony Section A graduation ceremony at which a degree, diploma, certificate or an award is conferred, granted or awarded is to be officiated by the Chancellor or, in his absence, the Pro-Chancellor or his designated appointee.

Section 8

ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY - 8. The Seal

Part II: ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY

Section 8. The Seal Section 8(1) The seal of the University is to be kept by the University Secretary in a custody as the University Council may direct and is to be used upon the order and direction of the University Council, or the Vice-Chancellor. Section 8(2) The seal of the University is to be authenticated by the signature of the Chairperson of the University Council or the Vice-Chancellor or the University Secretary, and countersigned by one other University Officer as prescribed by the Statutes. Section 8(3) When affixed to any document and duly authenticated, the seal is to be judicially and officially noticed, and any necessary order or authorization of the University Council or the Vice-Chancellor under this section is presumed to be duly given, unless the contrary is proved.

Section 9

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 9. Members

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 9. Members Section 9(1) the Chancellor; Section 9(2) the Members of the University Council; Section 9(3) the Vice-Chancellor; Section 9(4) the Deputy Vice-Chancellors; Section 9(5) the University Secretary; Section 9(6) the Principals of Colleges; Section 9(7) the Deans of Faculties/Schools/Institutes; Section 9(8) the Students; Section 9(9) the Staff of the University; Section 9(10) the Dean of Students; Section 9(11) the University Librarian; Section 9(12) the University Chaplain; Section 9(13) the Registrars; and Section 9(14) any other members of staff of the University, the Alumni, or other person or body formally admitted into association by the University.

Section 10

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 10. The Chancellor

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 10. The Chancellor Section 10(1) The Prelate of Opus Dei is the Chancellor and honorary head of the University. Section 10(2) The Chancellor may exercise his functions and powers as prescribed by this Charter through the Regional Vicar of Opus Dei in Kenya, who is in this capacity the designated Pro-Chancellor. Section 10(3) The Chancellor may in the name of the University, in person or through the Pro-Chancellor or his designated appointee, confer, grant or award degrees, diplomas, certificates or awards of the University. Section 10(4) The Chancellor has the power to do the acts and things as are or may be necessary to attain the object of the University or the exercise of its powers set out in this Charter. Section 10(5) The Chancellor is to exercise the powers and perform the functions as may be set out in the Statutes.

Section 11

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 11. Governance

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 11. Governance Section Board of Trustees;

Section 12

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 12. The Board of Trustees

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 12. The Board of Trustees Section the function of safeguarding the foundational object of the University; and

Section 13

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 13. University Council

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 13. University Council Section 13(1)(a) a Chairperson appointed by the Council from among its members; Section 13(1)(b) a Vice-Chairperson to be appointed by the Council from among its members; Section 13(1)(c) the Vice-Chancellor, as the Secretary to the Council; Section 13(1)(d) two members of the Board of Trustees; Section 13(1)(e) two persons nominated by Kianda Foundation; Section 13(1)(f) two senior academicians, who are not employees of the University, with experience in higher education appointed by the Board of Trustees; Section 13(1)(g) two persons from the public and the private sector appointed by the Board of Trustees; Section 13(1)(h) deputy vice-chancellors (ex officio) ; and Section 13(1)(i) the University Secretary (ex officio) . Section 13(2) The term of office of the members of the Council other than ex officio may be provided for by the Council under the Statutes. Section 13(3) A member of the Council is eligible for re-appointment upon expiry of his term. Section 13(4)(a) if not being an ex officio member, he resigns his office in writing addressed to the Vice-Chancellor; Section 13(4)(b) if the Board of Trustees is satisfied that the member is, by reas...

Section 14

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 14. Functions of the University Council

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 14. Functions of the University Council Section 14(1)(a) to promote the objects of the University; Section 14(1)(b) to formulate, after consultation with the Management Board, rules and regulations for proper governance of the University; Section 14(1)(c) to develop the University and ensure that the quality and integrity of academic programmes and professional courses of the University are maintained; Section 14(1)(d) to approve the establishment of constituent Campuses and Colleges, Faculties, Schools, Institutes, Departments, Divisions and Centres, to offer training, research and courses of instruction consistent with the mission and object of the University; Section 14(1)(e) to approve the annual budget of the University; Section 14(1)(f) to authorise the use of income and expenditure of funds outside the approved annual budget; Section 14(1)(g) to approve, upon the recommendations of the Management Board, terms and conditions of service for employees of the University; Section 14(1)(h) to authorize the purchase, lease or hire or acquisition and holding of any land, buildings, easements or inheritances of any tenure and any other freehold or leasehold property, and cons...

Section 15

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 15. Management Board

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 15. Management Board Section 15(1) The University is to have a Management Board appointed by the University Council under section 14 (2)(a). Section 15(2)(a) the Vice-Chancellor as the Chairperson; and Section 15(2)(b) a number of other members determined under the Statutes. Section 15(3)(a) to propose rules and regulations to the University Council for the administration of the University; and Section 15(3)(b) to manage and administer the daily operations of the affairs of the University.

Section 16

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 16. Academic Council

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 16. Academic Council Section 16(1) The University is to have Academic Council appointed by the University Council under section 14 (2)(b). Section 16(2)(a) the Vice-Chancellor as chairperson; and Section 16(2)(b) a number of other members as determined under the Statutes. Section 16(3)(a) to satisfy itself concerning the academic standards and content of any course of study about a degree, diploma or certificate or an award of the University and report its findings to the University Council through the Management Board; Section 16(3)(b) to propose to the University Council, through the Management Board, regulations regarding the eligibility of persons for admission to a course of study in the University; Section 16(3)(c) to propose to the University Council, through the Management Board, regulations regarding the standards of proficiency to be attained in each examination for a degree, diploma or certificate or an award of the University; Section 16(3)(d) to decide which persons have attained such standards of proficiency and are therefore fit to be granted a degree, diploma or certificate or an award of the University; Section 16(3)(e) to oversee the implementation of all...

Section 17

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 17. Faculty Board

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 17. Faculty Board Section 17(1) The University is to have a Faculty Board for each faculty, school or institute, responsible for academic matters. Section 17(2)(a) dean of the faculty, school or institute, as Chairperson; and Section 17(2)(b) a number of members of academic staff as may be prescribed by the Statutes. Section 17(3) A Faculty Board is to constitute itself into a Faculty Board of Examiners whenever so required and is to meet to discuss and process examination results. Section 17(4) Members of Academic staff who have taught and examined students in a faculty, school or institute are considered qualified for the membership to the Board. Section 17(5) A Faculty Board is to have powers to establish Departmental or Centre Boards. Section 17(6) Terms of reference for Faculty and associated Boards is prescribed by the Statutes.

Section 18

MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY - 18. School of Graduate Studies

Part III: MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

Section 18. School of Graduate Studies Section 18(1) There is established a School of Graduate Studies. Section 18(2) The School is to have powers to constitute a Board of Graduate Studies whose membership, functions and procedures are prescribed by the Statutes.

Section 19

ADMINISTRATION OF THE UNIVERSITY - 19. Officers of the University

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 19. Officers of the University Section 19(1) The University is to have principal and senior officers with authority, in the name of the University, to perform the functions conferred or imposed on the University under this Charter. Section 19(2)(a) the Vice-Chancellor; Section 19(2)(b) the Deputy Vice-Chancellors; Section 19(2)(c) the University Secretary; and Section 19(2)(d) principals of constituent Colleges. Section 19(3)(a) deans of faculties, schools and institutes; Section 19(3)(b) the University librarian; Section 19(3)(c) the Dean of students; Section 19(3)(d) registrars; and Section 19(3)(e) officers of equivalent grade.

Section 20

ADMINISTRATION OF THE UNIVERSITY - 20. Vice-Chancellor

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 20. Vice-Chancellor Section 20(1) There is a Vice-Chancellor appointed by the University Council. Section 20(2)(a) to have the overall responsibility for the direction, organisation, development, administration and programmes of the University; Section 20(2)(b) the chairperson of the Management Board and Academic Council; and Section 20(2)(c) responsible to the University Council for the general conduct and discipline of the students and staff of the University. Section 20(3) The Vice-Chancellor is appointed upon the terms and conditions of service prescribed by the Statutes.

Section 21

ADMINISTRATION OF THE UNIVERSITY - 21. The Deputy Vice-Chancellors

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 21. The Deputy Vice-Chancellors Section 21(1) The University Council is to appoint a Deputy Vice-Chancellor or Deputy Vice-Chancellors to assist the Vice-Chancellor in matters pertaining to the academic and administrative functions of the University. Section 21(2) The Deputy Vice-Chancellor or Deputy Vice-Chancellors is or are appointed upon the terms and conditions of service prescribed by the Statutes; and Section 21(3) The Deputy Vice-Chancellor or Deputy Vice-Chancellors is or are answerable to the Vice-Chancellor.

Section 22

ADMINISTRATION OF THE UNIVERSITY - 22. University Secretary

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 22. University Secretary Section 22(1) There is a University Secretary appointed by the University Council. Section 22(2) The Secretary is responsible for all the administrative and financial operations of the University and the secretary to the Management Board. Section 22(3) The Secretary is appointed upon the terms and conditions of service prescribed by the Statutes, and is answerable to the Vice-Chancellor.

Section 23

ADMINISTRATION OF THE UNIVERSITY - 23. Principals of Colleges

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 23. Principals of Colleges Section 23(1) There are Principals of Colleges appointed by the University Council, as may be required. Section 23(2) The duties, responsibilities and terms of office of the Principals of Colleges are prescribed by the Statutes. Section 23(3) Principals of Colleges are answerable to the Vice-Chancellor.

Section 24

ADMINISTRATION OF THE UNIVERSITY - 24. Deans of Faculties, Schools or Institutes

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 24. Deans of Faculties, Schools or Institutes Section 24(1) There are Deans appointed by the University Council in consultation with the Management Board. Section 24(2) The duties, responsibilities and terms of office of the Deans are prescribed by the Statutes.

Section 25

ADMINISTRATION OF THE UNIVERSITY - 25. University Librarian

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 25. University Librarian Section 25(1) There is a University Librarian appointed by the University Council in consultation with the Management Board. Section 25(2) The duties and responsibilities of the University Librarian are prescribed by the Statutes.

Section 26

ADMINISTRATION OF THE UNIVERSITY - 26. Dean of Students

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 26. Dean of Students Section 26(1) There is a Dean of Students appointed by the University Council in consultation with the Management Board. Section 26(2) The duties and responsibilities of the Dean are prescribed by the Statutes.

Section 27

ADMINISTRATION OF THE UNIVERSITY - 27. Registrars

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 27. Registrars Section 27(1) There are Registrars appointed by the University Council in consultation with the Management Board. Section 27(2) The duties and responsibilities of the Registrars are prescribed by the Statutes.

Section 28

ADMINISTRATION OF THE UNIVERSITY - 28. Staff of the University

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 28. Staff of the University Section 28(1) The University is to have academic and administrative staff. Section 28(2)(a) the Deputy Vice-Chancellor or Deputy Vice-Chancellors responsible for academic affairs and research; Section 28(2)(b) the University Librarian; and Section 28(2)(c) members of staff engaged in teaching or research work. Section 28(3)(a) the Deputy vice-Chancellor or Deputy Vice-Chancellors; Section 28(3)(b) the University Secretary; Section 28(3)(c) the Registrars; Section 28(3)(d) the Dean of students; and Section 28(3)(e) members of staff, not engaged in teaching or research work, determined by the University Council. Section 28(4) Members of University staff are subject to the authority of the University Council through the Management Board and the Vice-Chancellor.

Section 29

ADMINISTRATION OF THE UNIVERSITY - 29. Students' Council

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 29. Students' Council Section 29(1) There is a Students' Council to represent the student community and act as the main forum through which students may express their views. Section 29(2) The Council is to operate under the general direction of the Academic Council, as may be prescribed by the Statutes.

Section 30

ADMINISTRATION OF THE UNIVERSITY - 30. Alumni Association

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 30. Alumni Association Section 30(1) There is an Alumni Association of the University. Section 30(2)(a) Strathmore University, Section 30(2)(b) former Kianda College; Section 30(2)(c) Strathmore College; Section 30(2)(d) other institutions, as the Statutes may prescribe.

Section 31

ADMINISTRATION OF THE UNIVERSITY - 31. Performance of Duties during the incapacity of the Vice-Chancellor and other Senior Officers

Part IV: ADMINISTRATION OF THE UNIVERSITY

Section 31. Performance of Duties during the incapacity of the Vice-Chancellor and other Senior Officers Section 31(1)(a) a Deputy Vice-Chancellor; or Section 31(1)(b) the University Secretary, Section 31(2) In the event of the incapacity or absence of any principal or Senior Officer, the Management Board may appoint a suitable person to perform the duties of the incapacitated or absent Officer. Section 31(3)(i) "absence" means absence from Kenya; and Section 31(3)(ii) "incapacity" means the inability for any reason to perform the functions of the office held.

Section 32

FINANCIAL PROVISIONS - 32. Financial Year and Budget

Part V: FINANCIAL PROVISIONS

Section 32. Financial Year and Budget Section 32(1) The Financial Year of the University is the period of twelve (12) months commencing and ending as prescribed by the Statutes. Section 32(2) In the event of any change in the Financial Year, and for the purposes of the transition from the old Financial Year to the new Financial Year, because of this change, the transitional period, whether more or less than twelve (12) months, is regarded as a Financial Year for the purposes of this Charter Section 32(3) The Vice-Chancellor is to submit a proposed Budget to the University Council two months before the start of the Financial Year. Section 32(4) The Vice-Chancellor shall submit Quarterly Financial Reports to the University Council within the Financial Year.

Section 33

FINANCIAL PROVISIONS - 33. Accounts and Audit

Part V: FINANCIAL PROVISIONS

Section 33. Accounts and Audit Section 33(1) The Management Board shall cause all proper books and records of account of the income, expenditure and assets of the University to be kept. Section 33(2) A firm of External Auditors appointed by the University Council is to audit the accounts of the University. Section 33(3) The Management Board shall submit the accounts of the University to the Auditors within a period specified by the Statutes from the end of every Financial Year. Section 33(4) Within a period specified by the Statutes, the External Auditors shall report on the examination and audit of the accounts of the University to the University Council.

Section 34

FINANCIAL PROVISIONS - 34. Funds and Resources

Part V: FINANCIAL PROVISIONS

Section 34. Funds and Resources Section 34(1) tuition and other fees; Section 34(2) donations and grants; Section 34(3) endowments; Section 34(4) gifts and trusts; Section 34(5) income from auxiliary activities such as consultancy; and Section 34(6) other sources as the University may from time to time identify.

Section 35

MISCELLANEOUS PROVISIONS - 35. Statutes

Part VI: MISCELLANEOUS PROVISIONS

Section 35. Statutes Section 35(1) The affairs of the University are to be managed and regulated under Statutes and Regulations made. Section 35(2) Statutes may from time to time be enacted, amended or revoked by a resolution passed by two-thirds majority of all the members present and entitled to vote at a University Council meeting specifically convened for that purpose, unless the enactment, amendment or revocation is ultra vires the provisions of the Charter.

Section 36

MISCELLANEOUS PROVISIONS - 36. Protection of Name

Part VI: MISCELLANEOUS PROVISIONS

Section 36. Protection of Name Section 36(1) Despite the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names is to accept for the registration any name that includes the word "STRATHMORE" together with the word "University" or "College". Section 36(2)(a) advertisement; Section 36(2)(b) publication; Section 36(2)(c) business; Section 36(2)(d) trade; or Section 36(2)(e) profession,

Section 37

MISCELLANEOUS PROVISIONS - 37. Dissolution of the University

Part VI: MISCELLANEOUS PROVISIONS

Section 37. Dissolution of the University Section Subject to the provisions of this Charter, if on the winding up or the dissolution of the University, there shall remain, after the satisfaction of all its debts and liabilities, any funds, assets and property, are to be transferred to the Board of Trustees of Strathmore Educational Trust.