Universities Act

Section 1. Short title Section This Act may be cited as the Universities Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "academic programme" means the design of learning content which includes the intention, the structure of the content, the delivery mode, academic resources and assessment modes; "academic staff" means any person appointed to teach, train or to do research at a university and any other employee designated as such by the university council; "accreditation" means the procedure by which the Commission recognises an institution as a University and as having fulfilled the prescribed criteria for mounting its academic programmes; "alumni" means a member of the convocation of a university; "Board" means the Universities Funding Board established under section 54 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to university education; "Charter" means the Charter granted to a university under sections 19, 24 or 25; "Commission" means the Commission for University Education established under section 4 ; "constituent college" means a constituent college of a university established under this Act; "differentiated unit cost" means the annual per student...

Section 3. Objectives of university education Section 3(1)(a) advancement of knowledge through teaching, scholarly research and scientific investigation; Section 3(1)(b) promotion of learning in the student body and society generally; Section 3(1)(c) promotion of cultural and social life of society; Section 3(1)(d) support and contribution to the realization of national economic and social development; Section 3(1)(e) promotion of the highest standards in, and quality of, teaching and research; Section 3(1)(f) education, training and retraining higher level professional, technical and management personnel; Section 3(1)(g) dissemination of the outcomes of the research conducted by the university to the general community; Section 3(1)(h) facilitation of life-long learning through provision of adult and continuing education; Section 3(1)(i) fostering of a capacity for independent critical thinking among its students; Section 3(1)(j) promotion of gender balance and equality of opportunity among students and employees; and Section 3(1)(k) promotion of equalization for persons with disabilities, minorities and other marginalized groups. Section 3(2)(a) promote quality and relevance of it...

Section 4. Establishment of the Commission Section 4(1) There is established a Commission to be known as the Commission for University Education. Section 4(2)(a) suing and being sued; Section 4(2)(b) taking, purchasing, or otherwise acquiring, holding, charging and disposing of movable and immovable property; and Section 4(2)(c) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act as may lawfully be done or performed by a body corporate. Section 4(3) The Commission for University Education is the successor to the Commission for Higher Education existing immediately before the commencement of this Act, and upon such commencement any reference to the Commission for Higher Education in any document or matter shall for all purposes be construed to be a reference to the Commission for University Education, and all rights, assets, or obligations contained in any contract for goods or services or privilege held by or on behalf of the Commission for Higher Education shall automatically and fully be transferred to the Commission for University Education.

Section 5. Functions of the Commission Section 5(1)(a) promote the objectives of university education; Section 5(1)(b) advise the Cabinet Secretary on policy relating to university education; Section 5(1)(c) promote, advance, publicise and set standards relevant in the quality of university education, including the promotion and support of internationally recognised standards; Section 5(1)(d) monitor and evaluate the state of university education systems in relation to the national development goals; Section 5(1)(e) licence any student recruitment agencies operating in Kenya and any activities by foreign institutions; Section 5(1)(f) develop policy for criteria and requirements for admission to universities; Section 5(1)(g) recognize and equate degrees, diplomas and certificates conferred or awarded by foreign universities and institutions in accordance with the standards and guidelines set by the Commission from time to time; Section 5(1)(h) undertake or cause to be undertaken, regular inspections, monitoring and evaluation of universities to ensure compliance with the provisions of this Act or any regulations made under section 70 ; Section 5(1)(i) collect, disseminate and mainta...

Section 6. Constitution of the Commission Section 6(1)(a) a Chairperson appointed by the President; Section 6(1)(b) the Principal Secretary in the Ministry for the time being responsible for university education; Section 6(1)(c) the Principal Secretary in the Ministry for the time being responsible for national treasury; Section 6(1)(d) one person appointed by the Cabinet Secretary who is a distinguished academic scholar with at least ten years' experience in management of university education; Section 6(1)(e) one person nominated by the Federation of Kenya Employers and appointed by the Cabinet Secretary; Section 6(1)(f) one person nominated by Chairpersons of the Councils of public universities in a forum of Chairpersons of the Councils of public universities convened by the Cabinet Secretary for that purpose; Section 6(1)(g) one person nominated by Chairpersons Councils of private universities in a forum of Chairpersons of the Councils of private universities convened by the Cabinet Secretary for that purpose; and Section 6(1)(h) the Commission Secretary who shall be an ex-officio member. Section 6(2) Deleted by ActNo. 18 of 2018, Sch. Section 6(3) Deleted by ActNo. 18 of 2018,...

Section 7. Qualification for appointment as member of Commission Section 7(1)(a) in the case of the Chairperson, holds a doctorate degree from a university recognized in Kenya and has at least fifteen years’ experience in matters relating to management of university education; and Section 7(1)(b) in case of a member of the Commission referred to under section 6 (e), (f) and (g) holds a masters degree from a university recognized in Kenya and has at least ten years’ experience in matters relating management of university education. Section 7(2) In addition to the qualifications specified under subsection (1), a member of the Commission shall be a person of high moral character and integrity in accordance with Chapter Six of the Constitution and capable of contributing to university education. Section 7(3) The Chairperson of the Commission shall be appointed from persons who, in addition to the competencies specified in subsection (1), have ten years’ experience in leadership and management of public or private institutions. Section 7(4) Subject to the provisions of this Act, the Chairperson and members of the Commission shall hold office for a term not exceeding four years and shall...

Section 8. Vacancy of office Section 8(1)(a) resigns by notice in writing addressed to the Cabinet Secretary; Section 8(1)(aa) is absent from three consecutive meetings of the Commission without the permission of the Chairperson, or, in the case of the Chairperson, the permission of the Cabinet Secretary; Section 8(1)(b) is unable to perform the functions of office by reason of prolonged physical or mental incapacity; Section 8(1)(c) is adjudged bankrupt by a court of competent jurisdiction or enters into a composition or scheme of arrangement for the benefit of creditors; Section 8(1)(d) is guilty of gross misconduct; Section 8(1)(e) fails to meet the requirements of Chapter Six of the Constitution; or Section 8(1)(f) is convicted of an offence and sentenced to imprisonment for a period of six months or more. Section 8(2) Where the office of a member of the Commission becomes vacant, the Cabinet Secretary may, subject to the provisions of this Act, appoint another person to fill the vacancy for the remainder of the term of such member. Section 8(3) Notwithstanding the generality of the foregoing, any member of the Commission suspected of having contravened Chapters 6 or 13 of the...

Section 9. Commission Secretary Section 9(1) There shall be a Secretary of the Commission who shall be appointed by the Cabinet Secretary on the recommendation of the Commission following a competitive recruitment process and who shall serve for a period of five years, which term may be renewable once. Section 9(2) The Secretary shall be the chief executive officer of the Commission and shall be responsible for the day to day management of the affairs of the Commission.

Section 10. Deputy Secretary Section 10(1) The Commission shall appoint one or more Deputy Commission Secretaries who shall, under the general authority of the Commission Secretary, exercise such powers and perform such duties as may be assigned by the Secretary. Section 10(2) A Deputy Commission Secretary shall hold office on such terms and conditions as may be specified in the instrument of appointment.

Section 11. Qualification for appointment as Commission Secretary Section 11(1)(a) holds a masters degree from a university recognized in Kenya; and Section 11(1)(b) has at least ten years’ experience in the management of a university. Section 11(2) In addition to the qualifications specified under subsection (1) a person shall meet the requirements of Chapter Six of the Constitution. [Act No. 48 of 2016 , s. 8.]

Section 12. Other members of staff of the Commission Section 12(1) The Commission may employ such other officers and staff as it may deem necessary for the performance of its functions under this Act and any person employed under this section shall be deemed to be a public officer within the meaning of the Constitution. Section 12(2) All appointments under this section shall take into account gender equity, ethnic and regional balance in accordance with the Constitution. [Act No. 18 of 2014 , Sch.]

Section 12A. Protection from personal liability Section 12A(1) No matter or thing done by a member of the Commission or any officer, employee or agent of the Commission shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Commission, render the member, officer, employee or agent or any person acting under the directions personally liable to any action, claim or demand whatsoever. Section 12A(2) The provisions of subsection (1) shall not relieve the Commission of the liability to pay lawful compensation or damages to any person for injury to the person or property. [Act No. 48 of 2016 , s. 9.]

Section 5A. Conflicts with other Acts in approval of programmes Section 5A(1) If there is a conflict between the provisions of this Act and the provisions of any other Act in matters relating approval or accreditation of academic programmes offered by universities, the provisions of this Act shall prevail. Section 5A(2) Despite the provisions of any other law, the recognition, licensing, student indexing, approval or accreditation of any academic programme including postgraduate degrees, diplomas including postgraduate diplomas and other academic certificates offered at a university shall be the exclusive mandate of the Commission to be exercised in accordance with this section at the exclusion of any other person or body. Section 5A(3) The Commission may, before approving any academic programme consult with any relevant body established by written law to regulate the profession to which the academic programme relates where such law empowers the professional body to approve or accredit courses offered at any university or colleges. Section 5A(4)(a) professional bodies and associations to carry out inspection of universities on its behalf; Section 5A(4)(b) the Auditor-General to off...

Section 13. Establishment of a university Section 13(1) Every university in Kenya shall be established by a Charter or a Letter of Interim Authority in accordance with this Act. Section 13(2) A person wishing to establish a University in Kenya shall apply in writing to the Commission in the prescribed manner for accreditation and the grant of a Charter. Section 13(3)(a) governance structures and systems; Section 13(3)(b) members and staff; Section 13(3)(c) financial management systems; Section 13(3)(d) development of the Statutes; Section 13(3)(e) use of the common seal and custody of instruments of authority; Section 13(3)(f) process of voluntary winding up; Section 13(3)(g) the procedure for vetting of applicants and nominees for the office of Chancellor; Section 13(3)(h) the academic programmes offered at the university; Section 13(3)(ha) the financial ownership structure of the university if the university is a private university; Section 13(3)(i) the infrastructure in place or proposed infrastructure and the locations thereof, including that of Constituent Colleges and which shall comply with infrastructural standards established by the Commission; and Section 13(3)(j) any oth...

Section 14. Letter of Interim Authority Section 14(1) The Commission shall consider every application submitted to it under section 13 and inspect and assess the resources of the applicant, and where the Commission is satisfied that the applicant meets the requirements of this Act, shall recommend to the Cabinet Secretary the issuance of a Letter of Interim Authority to the applicant. Section 14(2) The Cabinet Secretary may grant a Letter of Interim Authority to an institution under subsection (1) if satisfied that such institution shall, once established, contribute to the development of university education in Kenya. Section 14(3) Notwithstanding the generality of the foregoing, the Commission may, in consultation with stakeholders, advise the Cabinet Secretary on the suitability of an institution intended to be established as a public university.

Section 15. Effects of letter of Interim Authority Section 15(1)(a) suing and being sued; Section 15(1)(b) acquiring, holding and disposing of moveable and immovable property; and Section 15(1)(c) doing all such other things or acts as may lawfully be done by a body corporate. Section 15(2)(a) set up a governing body for the university; Section 15(2)(b) continue to develop the physical facilities; Section 15(2)(c) continue to assemble academic resources; Section 15(2)(d) with the prior approval of the Commission advertise and admit students to the academic programmes of the institution; Section 15(2)(e) establish and maintain internal quality assurance mechanism to assure standards, quality and relevance in the institution in accordance with the provisions of this Act; Section 15(2)(ee) exercise any of the functions specified in section 20(1)(e) ; and Section 15(2)(f) perform such other acts as the Commission may require. Section 15(3) Nothing in this section shall be construed to preclude a university from developing infrastructure in anticipation of the grant of a Charter under this Act. [Act No. 18 of 2014 , Sch., Act No. 48 of 2016 , s. 11, Act No. 18 of 2018 , Sch.]

Section 16. Duration of letter of Interim Authority Section 16(1)(a) after the expiry of a period of four years from the date of issue, subject to an extension for a period of four years which may be granted by the Cabinet Secretary, on the recommendation of the Commission; Section 16(1)(b) upon revocation under section 17 ; or Section 16(1)(c) upon the grant of a Charter. Section 16(2) An institution whose Letter of Interim Authority lapses under subsection (1)(a) or (b) shall be wound up in accordance with this Act.

Section 17. Revocation of a Letter of Interim Authority Section The Cabinet Secretary may, on the recommendation of the Commission or on application by the respective institution, revoke a Letter of Interim Authority in accordance with regulations on the winding up of universities and shall issue a notice in the Gazette to that effect.

Section 18. Accreditation report for purposes of grant of Charter Section 18(1) The Commission shall, at least six months before the expiry of the Letter of Interim Authority, prepare an accreditation report indicating whether or not the application for the establishment of a university has met all the conditions required under this Act. Section 18(2) The Commission shall submit the accreditation report referred to under subsection (1) and its recommendations thereon to the Cabinet Secretary.

Section 19. Grant or refusal to grant a Charter Section 19(1)(a) if satisfied that the application meets the requirements for the establishment of a university, recommend to the President the grant of a Charter, either in the form of the draft Charter submitted with the application or in such other form as the Commission may consider appropriate; Section 19(1)(b) extend the Letter of Interim Authority for a further and final period of four years; or Section 19(1)(c) if satisfied that the proposed university does not meet the requirements for establishment of a university, reject the application. Section 19(2)(a) the Cabinet Secretary shall furnish the applicant with the reasons for the rejection of the application; Section 19(2)(b) the Letter of Interim Authority issued under this Act shall, be revoked within one year: Provided that the applicant may submit a fresh application in accordance with this Act; and Section 19(2)(c) the Cabinet Secretary may, in consultation with the Commission appoint such person or persons to administer and manage the university for the better protection of the interests of the students and staff of the university as provided for in the regulations. Sec...

Section 20. Effect of a Charter Section 20(1)(a) shall be a body corporate, and as such shall continue the activities of the university as undertaken under the Letter of Interim Authority, including the employment of staff, except where activity is expressly altered under the Charter; Section 20(1)(b) shall mobilize academic resources; Section 20(1)(c) may develop its new academic programmes for approval by the Commission in accordance with this Act; Section 20(1)(d) may establish campuses and colleges which must conform to standards established by regulations made under this Act; and Section 20(1)(e) degrees, including postgraduate degree and honorary degrees; Section 20(1)(e)(i) degrees, including postgraduate degree and honorary degrees; Section 20(1)(e)(ii) diplomas, including postgraduate diplomas; and Section 20(1)(e)(iii) other academic certificates. Section 20(2) Notwithstanding the generality of subsection (1), colleges and campuses of universities shall not share premises with incompatible businesses. Section 20(2A) Despite the provisions of Section (1)(d), a public university shall not establish a campus or a college in a foreign country without the approval of the Cabin...

Section 21. Publication of Charter Section The Cabinet Secretary shall, by notice in the Gazette , publish the Charter granted under section 19 .

Section 22. Variation, revocation of Charter Section 22(1) The President may, on the recommendation of the Cabinet Secretary revoke a Charter if in the opinion of the President the revocation is in the best interest of university education in Kenya. Section 22(2) The recommendation referred to under subsection (1) shall be made with the prior concurrence of the Commission which shall satisfy itself that the revocation is in the best interest of university education in Kenya. Section 22(3) A recommendation under subsection (1) shall only be made after the University has been afforded the opportunity to be heard and the Commission has, in accordance with the regulations, inspected the university concerned, and is satisfied that the university is unable to contribute to the objectives of university education set out in this Act. Section 22(4) If a Charter is revoked under subsection (1) the Cabinet Secretary shall forthwith cause a notice of revocation to be published in the Gazette , and the university concerned shall cease to be a university at the expiry of one year from the date of the notice. Section 22(5) Notwithstanding subsection (4) the revocation of a Charter shall not affec...

Section 23. Statutes Section 23(1) Subject to this Act and to the Charter a University Council may, and where required by this Act to do so shall, make such statutes and regulations as it considers appropriate to regulate the affairs of the university. Section 23(2) A university Council shall, as soon as practicable and in any event not later than three months after the making of a statute or regulation under this section, submit it to the Cabinet Secretary for publication in the Gazette . [Act No. 48 of 2016 , s. 13.]

Section 24. Establishment of specialized degree awarding institutions Section 24(1)(a) specialized degree-awarding or research institutions whose mandate shall be of strategic national importance; and Section 24(1)(b) a national Open University as a specialized university under this section, to offer university programmes through distance and e-learning mode. Section 24(2) The institutions established under this section shall be prioritized by the Commission with respect to accreditation and the development of the governing instruments. Section 24(3) Despite subsection (1), the President may, on the recommendation of the Commission through the Cabinet Secretary, and on the advice of the National Security Council, establish specialized degree awarding institutions specializing in national security issues. Section 24(4) The provisions of Part V of this Act shall apply to an institution established under this section with such modifications as may, with the approval of the Cabinet Secretary and the Commission, be specified in the respective Charter. Section 24(5) A Charter granted to an institution established under this section shall stipulate the conditions under which the instituti...

Section 25. Declaration of Technical Universities Section 25(1) The President may, on the recommendation of the Cabinet Secretary, declare an institution to be a technical university subject to such conditions, standards and guidelines as may be specified by the Commission. Section 25(2)(a) that is or previously was a National Polytechnic within the meaning of the Technical and Vocational Education and Training Act; or Section 25(2)(b) that has the requisite physical facilities and human resource capacity that are appropriate for a technical university.

Section 26. Universities in Counties Section The Commission shall ensure the establishment of public universities in each of the Counties, giving priority to Counties that do not have universities immediately after following the coming into force of this Act.

Section 27. Unauthorized use of a University name Section 27(1)(a) uses the name of a university in furtherance of, or in connection with, an advertisement for any trade, business, calling or profession; or Section 27(1)(b) issues a certificate purporting it to be from that university, Section 27(2) Notwithstanding any other written law, no public officer performing functions relating to the registration of companies, business names or trademarks shall accept for registration a name which is identical to, or so similar as to confuse the public with the name of a University, unless the consent of the respective university council has been obtained. Section 27(3) This section shall apply, mutatis mutandis , to the Open University established under section 24 (1)(b).

Section 28. Accreditation of foreign universities Section 28(1) A university established outside Kenya which intends to offer university education in Kenya, shall apply to the Commission for accreditation in accordance with the provisions of this Act. Section 28(2) A foreign university may, subject to the provisions of this Act, enter into an arrangement with an institution in Kenya for purposes of offering its programmes or joint programmes of instruction in Kenya, with the prior approval of the Commission. Section 28(3) Any foreign university approved under subsection (2) must first submit proof of accreditation from its country of origin to undertake university education in Kenya. Section 28(4) The Commission shall, at the beginning of each year and thereafter each quarter of the year, cause to be published in at least three newspapers of national circulation, the list of universities accredited to undertake university education in Kenya. Section 28(5) Any person who purports to offer a degree through a university that is not accredited commits an offence and shall be liable upon conviction, to a fine of not less than ten million shillings, or to imprisonment for a term of not l...

Section 29. Academic freedom Section 29(1)(a) have the right and responsibility to preserve and promote the traditional principles of academic freedom in the conduct of its internal and external affairs; and Section 29(1)(b) the promotion and preservation of equality of opportunity and access; Section 29(1)(b)(i) the promotion and preservation of equality of opportunity and access; Section 29(1)(b)(ii) effective and efficient use of resources; and Section 29(1)(b)(iii) its obligations as to public accountability. Section 29(2) A member of the academic staff of a university shall have the freedom, within the law, in the member’s teaching, research and any other activities either in or outside the university, to question and test received wisdom, to put forward new ideas and to state opinions, and shall not be disadvantaged, or subject to less favourable treatment by the university, for the exercise of that freedom.

Section 22A. Variation of Charter Section 22A(1) The Cabinet Secretary may, upon an initiation made under subsection (3), vary a Charter if in the opinion of the Cabinet Secretary that the variation is in the best interest of university education in Kenya. Section 22A(2)(a) align the particular Charter to the Constitution or any written law; Section 22A(2)(b) align the university to the training and research priority of the national government that would develop expertise in a specified academic field, including instilling of skills with bias in employment creation; Section 22A(2)(c) in the case of a private university, to reflect changes in sponsorship of the university; Section 22A(2)(d) align the university to the dynamics in research, technology and prevailing academic requirements recommended by the body which by law represents employers; or Section 22A(2)(e) align the charter to the best interests of university education in Kenya. Section 22A(3)(a) by the Commission upon request by a university, in the case of a public university; or Section 22A(3)(b) by the sponsor in the case of a private university; and may include the introduction of such mechanisms as shall enable the un...

Section 30. Funds of the Commission Section monies allocated by Parliament for the purposes of the Commission;

Section 31. Financial year Section The financial year of the Commission shall be the period of twelve months ending on the thirtieth June of each year.

Section 32. Annual estimates Section 32(1) At least three months before the commencement of each financial year, the Commission shall cause to be prepared estimates of the revenue and expenditure of the Commission for that year. Section 32(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the Commission; Section 32(2)(b) the payment of pensions, gratuities and other charges, and in respect of benefits which are payable out of the funds of the Commission; Section 32(2)(c) the maintenance of the assets of the Commission; Section 32(2)(d) the funding of operations, training, research and development of activities of the Commission; and Section 32(2)(e) the creation of such reserves to meet future or contingent liabilities in respect of benefits, insurance or replacement of buildings or installations, equipment and in respect of such other matters as the Commission, may think fit. Section 32(3) The annual estimates shall be approved by the Commission, before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary has given approval, the Commission sh...

Section 33. Accounts and audit Section 33(1) The Commission shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission. Section 33(2)(a) a statement of the income and expenditure of the Commission during that year; and Section 33(2)(b) a statement of the assets and liabilities of the Commission on the last day of that financial year. Section 33(3) The annual accounts of the Commission shall be prepared, audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 60. General functions of a university council Section manage, supervise and administer the assets of the university in such a manner as best promotes the purpose for which the university is established;

Section 61. Display of instruments of accreditation Section 61(1) Every university shall conspicuously display all its instruments of accreditation on its premises in all its colleges and campuses. Section 61(2) Where any instrument of accreditation is revoked under this Act, the university concerned shall, within fourteen days of such revocation, return the original instrument of accreditation to the Commission subject to the provisions of this Act. [Act No. 48 of 2016 , s. 23.]

Section 62. Delegation of functions Section A university council may delegate to any committee or to any of its members, officers or employees the exercise of its functions or duties under this Act of any other written law.

Section 63. Fair administrative action Section 63(1)(a) inform the person concerned of the nature of the allegations made against that person; Section 63(1)(b) afford that person adequate time to prepare and present a defence; and Section 63(1)(c) afford the person the opportunity of being heard in person. Section 63(2) A university council may act on general evidence the character or conduct of the person concerned and shall not be bound by the rules of evidence as set out in the Evidence Act (Cap. 80). Section 63(3) A University council shall expeditiously dispose of all matters before it and in any event, within six months. Section 63(4) No person having a personal interest or outcome in any matter before a university council shall sit as a member of the university or committee hearing the matter.

Section 64. Disclosure of interest Section 64(1) Where a member is directly or indirectly interested in any contract or other matter before the University Council or a committee and is present at a meeting at which the contract or other matter is the subject of consideration, the person shall, at the meeting and as soon as reasonably practicable after the commencement, disclose the interest and shall not take part in the consideration or discussion of, or vote on any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter. Section 64(2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made.

Section 65. Instruments of Authority Section 65(1) Subject to this Act, a university shall possess a Mace, Seal and Logo as its instruments of Authority. Section 65(2) A common seal of a university shall be kept in such custody as the University may in its Charter direct and shall not be used except in the manner authorized by the university. Section 65(3)(a) where they are required to be under seal, if sealed with the common seal of the university and authenticated by the Chairperson of the university council and any other officer of a university so authorized by the University in the provisions of its Charter; and Section 65(3)(b) where they are not required to be under seal, if executed in that behalf by a member authorized by the University council in the provisions of the Charter for that purpose. Section 65(4) A deed, instrument, contract or other documents executed in accordance with subsection (3) shall be effective in law to bind a university and its successors and may be varied or discharged in the same manner as that in which it was executed.

Section 66. Protection from personal liability Section No matter or thing done by a member of a university or any officer, employee or agent of a university shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the university, render the member, officer, employee or agent or any person acting under the directions personally liable to any action, claim or demand whatsoever. [Act No. 18 of 2014 , Sch.]

Section 67. Liability for damages Section The provisions of section 66 shall not relieve a university of the liability to pay lawful compensation or damages to any person for injury to the person or property.

Section 68. Offences by a university Section If an offence under this Act is committed by a university or other body corporate with connivance of or attributable to any officer of the university or any other person who was purporting to act in any such capacity, that the officer or other person shall be guilty of that offence.

Section 69. General penalties Section 69(1)(a) advertises or in any manner holds itself to the public as a university; or Section 69(1)(b) admits students or conducts courses of programmes of instruction in university education, without the permission of the Cabinet Secretary or the Commission in accordance with this Act, commits an offence and is liable on conviction, to a fine not exceeding one million shillings and in the case of a continuing offence, to sum of fifty thousand shillings per day for every day on which the offence continues, or to imprisonment for a term not exceeding two years or both. Section 69(2) Any person who commits an offence under this Act for which no other penalty is provided shall be liable in the case of a first conviction, to a fine not exceeding one million shillings or a term of imprisonment not exceeding twelve months and or to both. [Act No. 48 of 2016 , s. 25.]

Section 70. Regulations Section 70(1) The Cabinet Secretary may in consultation with relevant stakeholders make regulations prescribing anything which under this Act may be prescribed and generally for the better carrying out of the objects of and purposes of this Act. Section 70(2)(a) establishment of public and private universities, technical universities, open universities, university campuses and university constituent colleges; Section 70(2)(b) issuance, revocation and variation of University Charters; Section 70(2)(c) implementation of differentiated unit costs, and discipline differentiated remuneration the academic year for the universities; Section 70(2)(d) continuous accreditation and quality assurance, including programme accreditation; Section 70(2)(e) procedure for the revoking a Letter of Interim Authority, varying or revoking a Charter and for winding up of Universities; Section 70(2)(f) registration of agents of foreign universities. Section 70(2)(g) procedure for approval of academic programmes by the Commission; Section 70(2)(h) procedure for recognizing and equating degrees, diplomas and certificates conferred by foreign universities; and Section 70(2)(i) criteri...

Section 61A. Form of instrument of accreditation Section The instruments of accreditation shall be in the form prescribed in the Third Schedule to this Act. [Act No. 48 of 2016 , s. 24.]

Section 69A. Commission may issue a notice to comply Section 69A(1) The Commission may, by notice in writing, require an institution in default of any provision under this Act, regulation, standards and guidelines to comply therewith within a prescribed time and in a prescribed manner. Section 69A(2) If any institution served with a notice under subsection (1) fails to comply therewith, the Commission may close the institution either permanently or until the notice is complied with. Section 69A(3) Any person aggrieved by the decision of the Commission under subsection (2) may appeal to the Cabinet Secretary within thirty days of the decision. [Act No. 48 of 2016 , s. 26.]

Section 34. Instruments of governance Section Subject to the provisions of this Act, a university shall be governed in accordance with the provisions of its Charter or Letter of Interim Authority granted under this Act and statutes made by its Council. [Act No. 48 of 2016 , s. 14.]