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LAWS OF KENYA
UNIVERSITIES ACT
CAP. 210
- Assented to on 13 December 2012
- Commenced on 13 December 2012 by Universities Act Commencement
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2014 (Act No. 18 of 2014) on 8 December 2014]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2015 (Act No. 25 of 2015) on 24 December 2015]
- [Amended by Universities (Amendment) Act, 2016 (Act No. 48 of 2016) on 13 January 2017]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
- [Amended by Data Protection Act (Cap. 411C) on 25 November 2019]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2020 (Act No. 20 of 2020) on 11 December 2020]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2024 (Act No. 3 of 2024) on 26 April 2024]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Universities Act.2. Interpretation
3. Objectives of university education
Part II – THE COMMISSION FOR UNIVERSITY EDUCATION
4. Establishment of the Commission
5. Functions of the Commission
5A. Conflicts with other Acts in approval of programmes
6. Constitution of the Commission
7. Qualification for appointment as member of Commission
8. Vacancy of office
9. Commission Secretary
10. Deputy Secretary
11. Qualification for appointment as Commission Secretary
12. Other members of staff of the Commission
12A. Protection from personal liability
Part III – ESTABLISHMENT AND ACCREDITATION OF UNIVERSITIES
13. Establishment of a university
14. Letter of Interim Authority
15. Effects of letter of Interim Authority
16. Duration of letter of Interim Authority
17. Revocation of a Letter of Interim Authority
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.18. Accreditation report for purposes of grant of Charter
19. Grant or refusal to grant a Charter
20. Effect of a Charter
21. Publication of Charter
The Cabinet Secretary shall, by notice in the Gazette, publish the Charter granted under section 19.22. Variation, revocation of Charter
22A. Variation of Charter
23. Statutes
24. Establishment of specialized degree awarding institutions
25. Declaration of Technical Universities
26. Universities in Counties
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.27. Unauthorized use of a University name
28. Accreditation of foreign universities
29. Academic freedom
Part IV – FINANCIAL PROVISIONS RELATING TO THE COMMISSION
30. Funds of the Commission
The funds of the Commission shall consist of—31. Financial year
The financial year of the Commission shall be the period of twelve months ending on the thirtieth June of each year.32. Annual estimates
33. Accounts and audit
Part V – GOVERNANCE AND MANAGEMENT OF UNIVERSITIES
34. Instruments of governance
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.]35. Governing organs of a university
36. Council of a public university
37. Committees
The governing organs of a university may set up such committees as may be appropriate to perform such functions and discharge such responsibilities as it may determine, provided that the organs shall not delegate their principal mandate to the committees.38. The Chancellor
39. The Vice-Chancellor
40. Staff of the University
The academic and the administrative staff of a university shall be as provided in its Charter.41. Students’ Association
42. The Alumni Association
43. University management
The day-to-day management of the university shall vest in the Vice-Chancellor who shall be assisted by the Management Board of the university in accordance with the provisions of this Act and the Charter.Part VI – GENERAL FINANCIAL PROVISIONS RELATING TO UNIVERSITIES
Public Universities
44. Annual estimates for public universities
45. Funds of a public university
46. Unexpended monies
Any unexpended balance of the grant made under section 45 may be carried forward in the account of a public university from one year to the next and be expended as the university may determine.47. Accounts and audit
48. Vesting of property
All immovable property, shares, funds and securities as may from time to time become the property of the public university shall be in the name of the university and shall be dealt with in such manner as the institution may from time to time determine, subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and the conditions upon which any endowment, bequest or donation is made for any purposes connected with the institution.49. Investment of funds
50. Financial year
The financial year of a public university shall be the period of twelve months ending on the thirtieth day of June in each year.Private Universities
51. Financial Management of private universities
51A. Financing arrangements
52. Investment of funds by private universities
A private university may invest any of its funds as may be approved by the sponsor or the Board of Trustees of the university or its equivalent.Part VII – THE UNIVERSITIES FUND
53. Establishment of Fund
54. Board of Trustees
54A. Director of the Fund
54B. Staff of the Fund
54C. Financial provisions
The provisions relating to the finances of the Commission as set out in sections 31, 32 and 33 shall apply, mutatis mutandis to the finances of the Fund.[Act No. 48 of 2016, s. 21.]Part VIII – THE KENYA UNIVERSITIES AND COLLEGES CENTRAL PLACEMENT SERVICE
55. Establishment of Kenya Universities and Colleges Central Placement Service
56. Functions of Placement Board
57. Independent admissions
Notwithstanding any other provisions of this Part, a university or college may independently admit students to its programmes in accordance with its approved admissions criteria.58. Secretary, staff of Placement Service
The provisions relating to the appointment of the Secretary and staff members of the Commission as set out in sections 9 and 12 shall apply, mutatis mutandis, to the appointment of the Director and staff members of the Placement Service.59. Finances of the Placement Service
The provisions relating to the financial provisions of the Commission as set out in sections 30, 31, 32 and 33 shall apply mutatis mutandis, to the finances of the Service.59A. Meaning of the word "college"
In this Part, "college" means an institution established under the Technical and Vocational Education and Training Act (Cap. 210A) or any other public training institution of higher learning established under an Act of Parliament.[Act No. 48 of 2016, s. 22.]Part IX – MISCELLANEOUS
60. General functions of a university council
A University Council shall have the necessary powers for the proper performance of its functions under this Act and in particular, without prejudice to the generality of the foregoing, a university shall have powers to—61. Display of instruments of accreditation
61A. Form of instrument of accreditation
The instruments of accreditation shall be in the form prescribed in the Third Schedule to this Act.[Act No. 48 of 2016, s. 24.]62. Delegation of functions
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.63. Fair administrative action
64. Disclosure of interest
65. Instruments of Authority
66. Protection from personal liability
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.]67. Liability for damages
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.68. Offences by a university
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.69. General penalties
69A. Commission may issue a notice to comply
70. Regulations
Part X – REPEALS AND TRANSITIONAL PROVISIONS
71. Repeal of various Acts
A – Existing Universities
72. Grant of Charter to existing public universities
73. Existing Charters and Letters of Interim Authority
A private university in possession of a Charter or a Letter of Interim Authority granted under the Universities Act (Cap. 210) immediately before the commencement of this Act shall upon such commencement, be deemed to have been granted such Charter or letter of Interim Authority under this Act.74. Existing constituent colleges
Any constituent colleges of universities existing before the commencement of this Act shall upon such commencement continue to be constituent colleges of those universities and may apply for accreditation in accordance with the provisions of this Act, subject to meeting the standards established under this Act.75. Existing campuses and campus colleges
A campus or a campus college of a university existing before the commencement of this Act shall be deemed to have been established under the provisions of this Act.76. Chancellors, Vice-Chancellors, Councils
77. Preservation of proceedings and rights of appeal
Any proceedings, instruments and any right of appeal subsisting immediately before the commencement of this Act shall be treated as subsisting by virtue of the corresponding enactment in this Act.78. Continuance of periods of time
Where a period of time specified in any of the repealed Acts is current at the commencement of this Act, this Act shall have effect as if the corresponding provisions had been in force when that period began to run.79. Preservation of licences, certificates and registration
80. Transfer of property, assets liabilities and staff
81. General Savings
B – The Commission for Higher Education
82. Interpretation of Part
In this Part—"appointed day" means the day appointed by the Cabinet Secretary for the coming into operation of this Act;"former Commission" means the Commission for Higher Education existing immediately before the coming into operation of this Act.83. Assets and liabilities
On the appointed day—84. [Deleted by Act No. 48 of 2016, s. 28.]
85. Staff
Any person who is a member of the staff of the former Commission immediately before the appointed day shall be deemed to be a member of staff of the Commission.History of this document
26 April 2024 this version
31 December 2022
Revised by
24th Annual Supplement
Read this version
11 December 2020
25 November 2019
Amended by
Data Protection Act
Read this version
18 January 2019
13 January 2017
24 December 2015
08 December 2014
13 December 2012
Cited documents 2
Act 2
1. | Technical and Vocational Education and Training Act | 45 citations |
2. | Statute Law (Miscellaneous Amendments) Act, 2018 | 32 citations |
Documents citing this one 275
Gazette 124
Judgment 114
Legal Notice 15
Act 8
1. | Public Procurement and Asset Disposal Act | 352 citations |
2. | Copyright Act | 107 citations |
3. | Science, Technology and Innovation Act | 52 citations |
4. | Pharmacy and Poisons Act | 39 citations |
5. | Kenya National Qualifications Framework Act | 21 citations |
6. | Physiotherapists Act | 6 citations |
7. | Health Records and Information Managers Act | 4 citations |
8. | Radiographers Act | 1 citation |
Bill 8
Bench Bulletin 6
1. | Bench Bulletin - Issue 21 | |
2. | Bench Bulletin - Issue 41 | |
3. | Bench Bulletin - Issue 43 | |
4. | Bench Bulletin - Issue 44 | |
5. | Bench Bulletin - Issue 52 | |
6. | Bench Bulletin - Issue 54 |