The Charter to Establish United States International University

Section 1. Short title Section This Charter may be cited as the United States International University Charter.

Section 2. Interpretation Section In this Charter— "Academic employees" means all employees on academic terms of service and includes faculty; "Act" means the Universities Act (Cap. 210); "Board" means the Board of Directors of USIU established under section 11 ; "Chancellor" means the Chancellor of USIU referred to in section 12 ; "Charter" means the Charter of USIU; "Commission" means the Commission of Higher Education, which is the accrediting body for higher education institutions in Kenya, established by the Universities Act (Cap. 210); "Faculty" means all teaching staff of USIU; "Faculty Senate" means the institution established under section 13 ; "Satellite Campus" means an extension centre established by USIU after approval of the Board and the Commission; "Statutes" means the operating rules and procedures enacted by the Board for the governance of USIU; "Student" means the person registered for the purpose of obtaining a qualification of USIU; "Student Affairs Council" means the institution established under section 16 ; "Trustees" means the Board of Trustees established under section 10 ; "USIU" means the United States International University established under section 3...

Section 3. Establishment and Incorporation of United States International University Section 3(1) There is established a university to be known as United States International University, hereinafter referred to as USIU, which shall be constituted in accordance with this Charter. Section 3(2) The USIU shall, through the Board and in consonance with this Charter, exercise overall responsibility over its governance and future development. Section 3(3)(a) taking, 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) entering into contract with the Government of Kenya, other institutions and individuals. Section 3(3)(e) receiving bequests and gifts which shall be used only for the purposes stated by the person or persons making such bequests or gifts; 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) Upon the coming into effect of this Charter the agreement of January, 1970, executed betwee...

Section 4. Mission, Philosophy and Objectives Section 4(1) The University’s philosophy is based on the concept of global understanding and co-operation through education. As such, its mission is to promote the discovery and application of knowledge, the acquisition of skills, and the development of intellect and character in a manner, which prepares students to contribute effectively and ethically as citizens of a changing and increasingly technological world. Section 4(2)(a) Higher Order Thinking – The ability to collect, analyse, and evaluate information and to formulate conclusions. Students develop and demonstrate the ability to think critically, analytically, and creatively through active participation in learning, qualitative and quantitative analysis and research. Section 4(2)(b) Literacy - Competence in oral, written, quantitative, and technological skills. Students develop and demonstrate competence in oral and written communication as well as scientific, quantitative and technological literacy through written and verbal assessments Section 4(2)(c) Global Understanding and Multicultural Perspective - Awareness, knowledge and appreciation of both the diversity and commonali...

Section 5. Functions Section 5(1)(a) to establish and maintain an educational institution offering courses of instruction beyond secondary schools and conduct courses of study, laboratory school, extension courses and ancillary services as found in universities; Section 5(1)(b) to determine the qualifications and eligibly of persons from the Republic of Kenya or elsewhere for baccalaureate and graduate studies; Section 5(1)(c) to determine who may teach, what may be taught and how it may be taught; Section 5(1)(d) to conduct examinations for, and to grant degrees, diplomas and other awards of USIU and its seal pursuant to approval of the Board; Section 5(1)(e) to provide adequate equipment and facilities for a high quality education, such as library resources, laboratories, research facilities, classrooms and buildings to support various curricula; Section 5(1)(f) to formulate rules and procedures for execution of USIU’s programmes and plans which have been approved by the Board; Section 5(1)(g) to divide the courses of instruction of USIU into departments, divisions, schools or colleges for the better presentation of specialized subject matter to students; Section 5(1)(h) to maint...

Section 6. Conferment of Degrees, Diplomas, Certificates and Other Awards Section confer the degrees of bachelor, master, doctor and such other degrees as may be provided for in the statutes following approval by the Board and the Commission;

Section 7. The Common Seal Section 7(1) The common seal of USIU shall be kept in such custody as the Board may direct and shall be used upon the order and direction of the Board, the Chancellor or the Vice-Chancellor. Section 7(2) The common seal of USIU shall be authenticated by the signature of the Chancellor, the Vice-Chancellor or a nominee of the Chancellor. Section 7(3) The common seal of USIU 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 Board or the Chancellor under this section shall be presumed to have been duly given.

Section 8. Membership Section the Trustees;

Section 9. Governance Section the Trustees;

Section 10. The Trustees Section 10(1) USIU shall have a Board of Trustees consisting of all members of the Board of Trustees of the University known as the United States International University being a company incorporated with limited liability in accordance with sections 5110 and 5111 of the Corporations Code of the State of California in the United States of America. Section 10(2) The Trustees shall from time to time appoint a Board of Directors to exercise powers specified in section 11 of this Charter. Section 10(3) The Board of Trustees shall be incorporated and registered under the Trustees (Perpetual Succession) Act ( Cap. 164 ). Provided that the Board of Trustees shall not exercise any of its functions under this Charter unless it is, and continues to be, so registered.

Section 11. The Board of Directors Section 11(1) There shall be a Board of Directors consisting of at least seven, and at most fifteen members, one third of whom shall be residents of Kenya. Section 11(2) The Chancellor and the Vice-Chancellor of the University shall be ex officio members of the Board. Section 11(3) Board members shall be appointed by the Trustees and shall serve for a term of three (3) years and shall then retire but shall be eligible for re-election. Section 11(4) Officers of the Board will include a Chairperson, and vice-Chairperson, who shall be elected for annual terms by the Board from among the Board and may be re-elected at the expiry of their term of office. Elections will be held at the official annual meeting of the Board. Section 11(5) The Board may, by statutes, establish such as committees as are necessary for the efficient discharge of the education functions of the University. Section 11(6) In lieu of committees, the Board shall act as a committee of the whole. Section 11(7) In addition to the annual meeting which shah he held in Nairobi at a time and place determined by the Board, the Board may meet at other times upon request by the Chairperson. T...

Section 12. The Chancellor Section The Chancellor shall be appointed by the Board of the Trustees of USIU and shall also serve as the Chief Executive "(officer)" of the University responsible for its overall management subject to the terms of service set out by the Board.

Section 13. The Faculty Senate Section 13(1) There shall be a Faculty Senate of the University which shall consist of all members of the academic staff. Section 13(2)(a) oversee all the academic programmes, quality and character of the institution and continuously review academic policy and performance; Section 13(2)(b) conduct periodic reviews of the financial policies of the University and formulate recommendations for the Vice-Chancellor as to their adequacy in support of the educational needs of the institution; Section 13(2)(c) review any changes by the Vice-Chancellor or the Board of Directors in the educational and financial policies of the University; Section 13(2)(d) promote the general welfare of the University, its students, staff and faculty; Section 13(2)(e) assure a sense of responsibility among the faculty for maintaining a superior level of instruction, research and professional activities; Section 13(2)(f) address academic and instructional issues within the framework of the University’s educational direction and policy; Section 13(2)(g) conduct studies and make recommendations on matters oh policy and procedure pertaining to the faculty. Section 13(3) The members...

Section 14. The Management council Section 14(1) There shall be a Management Council consisting of the Vice-Chancellor, who shall be the chairperson: the Deputy Vice-Chancellor for Academic Affairs; the Deputy Vice-Chancellor, for Finance and Administration, the Deputy Vice-Chancellor for Institutional Development, the Deputy Vice-Chancellor for Student Affairs and any other senior officers appointed to the Management Council by the Vice-Chancellor in consultation with the Chancellor. Section 14(2)(a) ensure efficient management of the personnel, programmes, facilities and finances of the University; Section 14(2)(b) plan for the development and the needs of the University; Section 14(2)(c) prepare the annual plans and budgets for submission to the Chancellor and the Board; Section 14(2)(d) develop strategies for generation of revenue and fund raising to secure adequate financial support for the University; Section 14(2)(e) implement rules and regulations governing the conduct and behaviour of students and staff of the University; and Section 14(2)(f) perform any other functions or duties as may be prescribed by the Vice-Chancellor.

Section 15. The Staff Council Section 15(1) There shall be a Staff Council of the University which shall consist of all non-academic employees of the University except the senior management staff. Section 15(2) The members of the Staff Council shall elect an Executive Committee from among its members, to include a chairperson, vice-chairperson, secretary and treasurer. Section 15(3) The Staff Council shall have the right to meet and discuss any staff matters relating to the University and to transmit any resolutions to the Vice-Chancellor.

Section 16. The Student Affairs Council Section 16(1) There shall be a Student Affairs Council of the University which shall consist of all students and other such persons as may be provided by its Constitution subject to the approval of the Chancellor and the Board upon recommendation of the Vice-Chancellor. Section 16(2) The members of the Student Affairs Council shall elect an Executive Committee from among its members, to include a Chairperson, Vice-Chairperson, Secretary and Treasurer. Section 16(3) The Student Affairs Council shall have the right to meet and discuss any student matters relating to the University and to transmit any resolutions to the Vice-Chancellor. Section 16(4) The Student Affairs Council shall represent students on social and academic issues, and shall exercise its powers and functions as may be provided for in its Constitution. Section 16(5)(a) Academic Committee; and Section 16(5)(b) Welfare Committee. Section 16(6) Meetings of the Council shall be determined by the Executive Committee of the Student Affairs Council.

Section 17. The Alumni Association Section 17(1) There shall be an Alumni Association of the University which shall consist of all the graduates and such other persons as may be provided for in its constitution. Section 17(2) The members of the Alumni Association shall elect an Executive Committee from among its members to include a chairperson, vice-chairperson, secretary and treasurer. Section 17(3) The Alumni Association shall have the right to meet and discuss any matters relating to the University and to transmit any resolutions to the Vice-Chancellor. Section 17(4)(a) bringing together graduates and former students of the University; Section 17(4)(b) planning non-political, social and education activities; Section 17(4)(c) engaging in fund raising activities to assist the University and its students; Section 17(4)(d) assisting in the development of the University and community at large; Section 17(4)(e) promoting the University’s welfare, image and academic standards; Section 17(4)(f) promoting co-operation between the University and industry in general; Section 17(4)(g) promoting academic and professional excellence; Section 17(4)(h) providing services and developing skills...

Section 18. Senate Section 18(1) There shall be a Vice-Chancellor of USIU who shall be appointed by the Board upon recommendation of the Chancellor and who shall serve in accordance with the terms of service set by the Board upon recommendation by the Chancellor. Section 18(2)(a) direct, promote and co-ordinate all the activities of the University; Section 18(2)(b) serve as the secretary to the Board: Section 18(2)(c) act as the representative of the University and be its spokesperson in its external relations; Section 18(2)(d) assume administrative responsibility for the day-to-day running of the University and its management; Section 18(2)(e) have the authority to hire, discharge and fix salaries of all employees based on recommendations of appropriately established University committees within the overall budget by the Board on recommendation by the Chancellor, except that the Chancellor and the Board will be consulted and must grant approval of the appointment and salaries of Deputy Vice Chancellors and before any individual on the academic staff can be granted tenure; and Section 18(2)(f) recommend to the Board through the Chancellor the rates for tuition, room and board follo...

Section 19. The Deputy Vice-Chancellor for Academic Affairs Section 19(1) The Deputy Vice-Chancellor for Academic Affairs shall be appointed by the Vice-Chancellor, after consultation with an appropriately established University committee and approval of the Board upon recommendation of the Chancellor, to head the academic division of the University. Section 19(2) The Deputy Vice-Chancellor for Academic Affairs shall report to the Vice-Chancellor and shall oversee all academic programmes and academic staff.

Section 20. The Deputy Vice-Chancellor for Institutional Development Section 20(1) The Deputy Vice-Chancellor for Institutional Development shall be appointed by the Vice-Chancellor, after consultation with an appropriately established University committee and approval of the Board upon recommendation of the Chancellor, to head the development division of the University. Section 20(2) The Deputy Vice-Chancellor for Institutional Development shall report to the Vice-Chancellor and shall oversee all income generating projects and development activities.

Section 21. The Deputy Vice-Chancellor for Finance and Administration Section 21(1) The Deputy Vice-Chancellor for Finance and Administration shall be appointed by the Vice-Chancellor, after consultation with an appropriately established University committee and approval of the Board upon recommendation of the Chancellor, to head the division of finance and administration. Section 21(2) The Deputy Vice-Chancellor for Finance and Administration shall report to the Vice-Chancellor and shall be the chief financial officer of the University.

Section 22. The Deputy Vice Chancellor for Student Affairs Section 22(1) The Deputy Vice-Chancellor for Student Affairs shall be appointed by the Vice-Chancellor, after consultation with an appropriately established University committee and approval of the Board upon recommendation of the Chancellor, to head the student affairs division of the University. Section 22(2) The Deputy Vice-Chancellor for Student Affairs shall report to the Vice-Chancellor and shall oversee all non-academic student related matters excluding finance.

Section 23. Performance of Duties during the Incapacity of the Vice-Chancellor and other Senior Managers Section 23(1) In the event of the incapacity of the Vice-Chancellor, the functions of the Vice-Chancellor may be performed by one of the Deputy Vice-Chancellors as shall be designated by the Chancellor. Section 23(2) In the event of incapacity of a Deputy Vice-Chancellor or other member of the staff, the Vice-Chancellor may appoint a suitable person with the relevant training and experience, to perform the functions of the member during the incapacity. Section 23(3) Incapacity" means absence from Kenya or the inability for any other reason to perform the functions of the office held.

Section 24. Financial Year, Audit and Budget 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 Board may determine. Section 24(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 purposes of this Charter to be a fiscal year. Section 24(3) The Vice-Chancellor shall submit a proposed budget to the Chancellor two (2) months before the start of each financial year. After review, the Chancellor will recommend a budget for consideration and approval of the Board. Section 24(4) USIU shall submit monthly financial reports to the Board. Section 24(5) The accounts of USIU shall be audited by an auditor appointed by the Board. Section 24(6) Within a period of six months after the end of the financial year, the auditor shall report the examination and audit of the accounts USIU to the Board.

Section 25. Funds and Resources Section endowments, gifts and trusts;

Section 26. Performance of Duties during the Incapacity of an Office Bearer Section 26(1)(a) the establishment of colleges, institutes and schools of the University; Section 26(1)(b) the description of degrees, diplomas, certificates and other awards; Section 26(1)(c) prescribing fees and other charges; Section 26(1)(d) the determination of the terms and conditions of service including the appointment dismissal remuneration and retiring benefits of the employees of the University; Section 26(1)(e) prescribing the rules and regulations for the students’ organizations; Section 26(1)(f) providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the statutes. Section 26(2) Statutes shall only be made by a resolution passed at one meeting of the Board supported by a majority of not less than two-thirds of the members present and voting being not less than half of the total membership of the Board.

Section 27. Protection of Name Section 27(1) Notwithstanding the provisions of any other written law, no public officer performing the functions relating to tire registration of companies or business names shall accept for such registration any name which includes together with the word University", the words "United States International" unless the application for such registration is accompanied by the written consent of the Trustees. Section 27(2) Any person who, except with the written consent of the Trustees, uses the word "University" together with the words "United States International" in furtherance of, or in connection with ally advertisement for any, trade, business, calling or profession shall be guilty of an offence and liable for a fine not exceeding ten thousand shillings or to imprisonment for a period not exceeding one (1) month or to both: 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/her of any degree, diploma or certificate of the University.

Section 28. Variation and Revocation of Charter Section 28(1) The President may, at any time, vary the provisions of a charter if he is of the opinion that the 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 28(2) The President may, at any time, revoke a charter granted to a university if he is of the opinion that the university concerned is not governance, carrying out its functions in a proper manner, or is in breach of its charter, are that the revocation is in the Interests of university education generally.