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The Charter for the Catholic University of Eastern Africa

Legal Notice 397 of 1992

This is the version of this Legal Notice as it was from 31 December 2022 to 21 December 2023. Read the latest available version.
The Charter for the Catholic University of Eastern Africa
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Legal Notice 397 of 1992
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Universities Act
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LAWS OF KENYA

UNIVERSITIES ACT

THE CHARTER FOR THE CATHOLIC UNIVERSITY OF EASTERN AFRICA

LEGAL NOTICE 397 OF 1992

  • Published in Kenya Gazette Vol. XCIV—No. 54 on 6 November 1992
  • Commenced on 6 November 1992
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

SCHEDULE

WHEREAS the Catholic Association of the Members of the Episcopal Conferences of Eastern Africa, the current proprietors of the Catholic Higher Institute of Eastern Africa situated in the Republic of Kenya, wishes to establish an institution in the name of Catholic University of Eastern Africa;AND WHEREAS the said Catholic University of Eastern Africa has applied to the Commission for Higher Education for the grant of a charter in the manner prescribed under the Universities Act;AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of the Catholic University of Eastern Africa, are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for Higher Education is also satisfied that the Catholic University of Eastern Africa has complied with the provisions of the Act and the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules (L.N. 56/1989);AND WHEREAS the Commission for Higher Education has submitted a draft Charter, the text whereof is annexed hereto, to the Cabinet Secretary for Education on the said institution and the Cabinet Secretary is satisfied that the Catholic University of Eastern Africa, be granted the charter;AND WHEREAS the Cabinet Secretary has submitted the Charter to me with recommendations thereon;AND WHEREAS I am satisfied that the granting of the Charter will be of benefit to the advancement of university education in Kenya;New wherefore, by these presents, be it known that in exercise of the powers conferred upon me by section 12 of the Universities Act (Cap. 210B), I, Daniel Toroitich arap Moi, President, and Commander-in-Chief of the Armed Forces, of the Republic of Kenya, hereby grant the Charter annexed hereto to the Catholic University of Eastern Africa.A Charter to provide for the establishment, control, governance and administration of the Catholic University of Eastern Africa, and for connected purposes.

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the Catholic University of Eastern Africa Charter.

2. Interpretation

(1)In this Charter, unless the context otherwise requires—"Act" means the Universities Act (Cap. 210);"Affiliated Institutions" means those institutions which have an academic linkage with the Catholic University of Eastern Africa for the purpose of being able to grant bachelors degrees in accordance with Sapientia Christiana Article 62."AMECEA” means the Association of the Members of the Episcopal Conferences of Eastern Africa Trustees (Registered);"Chancellor" means the Chancellor of the University referred to in Section 16;"Charter" means this Charter;"Chairperson" means the head of a Department;"Charter" means this Charter;"Congregation for Catholic Education" means the commission of the Roman Catholic Church established by His Holiness the Supreme Pontiff which has competence over ecclesiastical institutions established by the authority of the Vatican, Catholic colleges and universities;"Constituent College" means an academic institution which though autonomous administratively, is conceptually an integral part of the main University for academic purposes;"Council" means the Council of the University established under Section 14;"Eastern Africa" means Ethiopia, Kenya, Malawi, Sudan, Tanzania, Uganda and Zambia;"Episcopal Conference” means a collegial entity, or association of Bishops of a given territorial region;"Ex Corde Ecclesiae" means the Apostolic Constitution on Catholic Universities promulgated by His Holiness Pope John Paul II, the Supreme Pontiff on the 15th August, 1990 and any instrument(s) amending or replacing the same from time to time;"Faculty" means a faculty of the University established by the statutes;“Financial year" means the financial year of the University determined under Section 28;"Institute" means an institute of the University established by the statutes;"Principal" means the principal of a college appointed under Section 21;"Public University" means a university established by an Act of Parliament of the Republic of Kenya;"Rector" means an officer appointed under Section 19;"Registrar" means an officer appointed under Section 22;"Sapientia Christiana" means the Apostolic Constitution on Ecclesiastical Universities and Faculties promulgated by his Holiness Pope John Paul II, the Supreme Pontiff, on the 29th April, 1979 and any instrument(s) amending or replacing the same from time to time;"School" means a school of the University established by statutes;"Secretary to the Council" means a person appointed as Secretary to the Council;"Senate" means the Senate of the University established under Section 17;"Statutes" means the rules enacted by the University Council for the governance of the University;"Student" means a person registered by the University for the purposes of obtaining a qualification of the University or any other person who is determined by the Senate to be a student;"Students' Organization" means an association of students recognized by the Council as being an organization representative of the students of the University;"University" means the Catholic University of Eastern Africa.
(2)References in this Charter to offices or authorities of a constituent college shall be construed by reference to the legislation or other instruments by which that college is established or governed.

Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

3. Establishment and incorporation

(1)There shall be established a university at Langata, Nairobi, to be known as the Catholic University of Eastern Africa which shall be constituted in accordance with this Charter.
(2)The University shall be a body corporate by the name of the Catholic University of Eastern Africa, with perpetual succession and common seal, and shall in that name be capable of—
(a)taking, purchasing or otherwise acquiring, holding, charging and disposing of property, movable or immovable;
(b)borrowing or lending money;
(c)suing and being sued;
(d)doing or performing all such other transactions or acts for the furtherance of the provisions of the Charter which may be lawfully done or performed by a body corporate;
(e)entering into contracts with the Government of Kenya, with other institutions and with individuals;
(f)receiving bequests and gifts which shall be used only for the purposes stated by the person or persons making such bequests or gifts.
(3)The University is the successor to the Catholic Higher Institute of Eastern Africa, and subject to this Charter, all rights, duties, obligations, assets and liabilities of the Catholic Higher Institute of Eastern Africa existing at the commencement of this Charter shall be automatically and fully transferred to the University and any reference to the Catholic Higher Institute of Eastern Africa in any contract or document shall for all purposes be deemed to be a reference to the University established under subsection (1).

4. Common seal and signification of documents

(1)The common seal of the University shall be kept in such custody as the Council directs and shall not be used except upon the order of the Council.
(2)The common seal of the University shall be authenticated by the signature of the Rector and of the Vice-Rector, and, in the absence of the either, the vice-Chairperson of the Council.
(3)The common seal of the University when affixed to any document and duly authenticated as provided for under this section shall be judicially and officially noticed, and, unless and until the contrary is proved, any necessary order or authorization of the Council under this section shall be presumed to have been duly given.

5. Constituent colleges

(1)The constituent colleges in the Appendix are declared to be constituent colleges of the University and the constituent colleges are autonomous in administrative matters but are subject to the University in academic matters.
(2)The Chancellor may, on a resolution of the Council, without prejudice to Sapientia Christiana by notice published in the Kenya Gazette—
(a)establish any college in Eastern Africa as a constituent college of the University;
(b)declare an institution of higher learning or education or any training establishment in Eastern Africa to be a constituent college of the University.

6. Affiliation of institutions

The University may enter into various types of academic linkages or affiliations within the AMECEA region as provided far in the Statutes and approved by the Council, subject to the norms of Sapientia Christiana.

7. Philosophy and objects

(1)The University is dedicated to the Holy Trinity.
(2)The motto of the University is "Consecrate them in the Truth".
(3)In its search for the Truth, the University is essentially guided by Christian inspiration and values; reflects on human knowledge in the light of the Word of God and Catholic Tradition; fidelity to the Christian message found in the Word of God, Catholic Tradition and the Teaching of the Catholic Church; commitment to the service of the human family by playing a radical transcendental role in the liberative, inculturative, and transformative process for the fulfilment of the human family; commitment to Christ and his message, assistance to the members of the University and society to achieve wholeness as human persons in truth, dialogue and participation in decisions which affect the University community, individual members and society at large.
(4)Besides imparting useful knowledge, the University is distinguished by its holistic approach about nature, humanity, and God and by means of a universal humanism the University is completely dedicated to the research of all aspects of truth in their essential connection with the supreme Truth, who is God.
(5)In its scientific and technological research the University opts for the very meaning of the human person and is centrality in the universe.

8. Functions

The functions of the University shall be—
(a)to be a centre of creativity and dissemination of knowledge and a community made up of both teachers and learners, which in a rigorous and critical fashion assists in the protection and advancement of human dignity, human-divine values, and of cultural heritage; through research, teaching and other various services offered to the AMECEA local churches, peoples in the region, international academic communities and the universal Church;
(b)to provide facilities and opportunities to scholars as a forum where, on scientific level, aspects of reality, and particularly the African reality are critically examined, the various sciences and disciplines are taught and persons educated in an adequate manner in order to promote continuous development of self-awareness of men and women, of their potentials, resources, cultural values and of their environment;
(c)to be actively involved in confronting and solving the great problems of society and cultures, as a Church organ in her complex task of evangelization;
(d)to provide a forum and facilities where academic autonomy of each discipline is respected and promoted;
(e)to be an organ of the Catholic Church in its prophetic mission. That is, to discern in the events of life the needs and aspirations of the people, the signs of the times and to have courage to speak truths which are necessary to safeguard the authentic good of the society and to promote social justice;
(f)to provide instruction through teaching and research in an African environment to all those admitted to the University and to make provision for the advancement, transmission and preservation of knowledge both in ecclesiastical studies and other areas of human knowledge and to stimulate academic life in Eastern Africa;
(g)to prepare the clergy, religious, lay women and men of the Catholic Church as well as people of other religious denominations with a Christian attitude in order to serve the Church in its various institutions and human family at large, in their growth, understanding and solidarity;
(h)to assume responsibility for university education within the Catholic Church of Eastern Africa and to work with other appropriate bodies, including ecclesiastical authorities, and to examine and make proposals to the Commission for Higher Education for new faculties, new departments, new degree courses or new subjects of study, in accordance with the Universities Act and Sapientia Christiana, prepare the clergy, religious, lay women and men of the Church;
(i)to become a centre of encounter and research where the various branches of ecclesiastical studies and of other forms of human knowledge continuously make dialogue or interact for their mutual enrichment in the light of the Gospel message and African values;
(j)to provide facilities for continuing education;
(k)to collaborate with other institutions of higher learning, particularly with those located in the AMECEA region for the integral development, understanding, and for the promotion of cultures and ecological situation;
(l)to be a forum for ecumenical dialogue and collaboration with other Christian denomination and non-christian theological and religious studies in Eastern Africa, the whole of Africa and the world at large;
(m)to conduct examinations for, and to grant degrees, diplomas and other awards of the University;
(n)to participate in the discovery, transmission and preservation of knowledge and to stimulate the intellectual, cultural and economic development of the AMECEA region;
(o)to determine who may teach, what may be taught and to whom it may be taught in the University;
(p)without prejudice to Sapientia Christiana, to admit students without distinction of race, colour, creed or sex.

9. Degrees, diplomas, certificates and other awards

(1)Subject to this Charter and to Sapientia Christiana and Ex Corde Ecclesiae the University may in the name of the Supreme Pontiff or sede vacante the Holy See—
(a)confer the degrees of bachelor, master and doctor and such other degrees as may be provided for in the statutes; and
(b)grant diplomas or certificates or other awards.
(2)Subsection (1) shall apply to an honorary degree or academic distinction which the University may wish to confer or award to a person who has rendered distinguished service in the advancement of any branch of learning or cultural accomplishment or who has otherwise rendered himself worthy of such a degree or academic distinction.
(3)Graduation ceremonies at which degrees are conferred shall be held at places and dates to be determined by the University Council and shall be conducted in accordance with procedure prescribed by a resolution of the Council.

Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

10. Membership

The members of the University shall be—
(a)the Roman Pontiff or the Holy See;
(b)the AMECEA;
(c)the chancellor;
(d)the Rector;
(e)the Vice-Rector;
(f)the Principal of each college within the University;
(g)the Principal of each constituent college;
(h)the Academic Dean of each Faculty;
(i)the members of the Council;
(j)the members of the Senate;
(k)the members of the Council or other governing body of each constituent college or college within the University;
(l)the professors and lecturers of the University;
(m)the Registrar, the Bursar and the Librarian;
(n)the Secretary to the Council or other governing body of each constituent college or colleges within the University;
(o)the registered students;
(p)such other members of staff of the University or any other body formally admitted into association with the University or with any of its constituent colleges or colleges within the University as the Council may from time to time determine.

11. Governance

The governance and control of the University shall vest in the following persons and bodies—
(a)the Roman Pontiff or the Holy See;
(b)the AMECEA;
(c)the Council;
(d)the Chancellor;
(e)the Senate;
(f)the constituent colleges.

12. The Roman Pontiff

(1)The University is under ecclesiastical authority of the Roman Pontiff, and therefore it is under the Congregation for Catholic Education, Vatican City.
(2)The University is founded by the AMECEA which has full responsibility over it, its government and future development.

13. AMECEA

The AMECEA shall appoint—
(a)the Chancellor;
(b)the Rector from names proposed by the Council and submit the same to the Congregation for Catholic Education for confirmation;
(c)the Vice-Rector from names proposed by the Council.

14. The Council

(1)There shall be a Council of the University which shall be the governing body that assumes full responsibility over the University. It represents AMECEA. It is therefore, responsible for the doctrine, the morals and the discipline of the University as well as for its integral development.
(2)The Council shall comprise of—
(a)the Chancellor of the University who shall be the ex officio Chairperson of the Council;
(b)one member elected by each national Episcopal Conference;
(c)the Diocean Bishop where the University is located who shall be an ex officio member of the Council;
(d)the Chairperson of the AMECEA who shall be an ex officio member of the Council;
(e)the Secretary-General of the AMECEA, who shall be an ex officio member;
(f)the Rector of the University, who, by virtue of his office, shall be Secretary to the Council. He shall have the right to vote, except in matters directed to himself;
(g)two members to be elected by the Senate;
(h)not more than two members with specific contribution to offer to be co-opted at the discretion of the AMECEA. Such members may come from within or outside the AMECEA region.
(3)(a) The members of the Council shall be appointed for a term of 3 years, and shall be eligible for re-appointment:Provided that this does not apply to the ex officio members who remain on the Council as long as they are in office.
(b)In order that continuity may be maintained, at the first official election of members, some will be elected for two years and others for four years. The AMECEA shall determine these specific terms of office.
(c)If a Bishop resigns during his term of office, he may be replaced by another one chosen by the national Episcopal Conference concerned, for the completion of the term of office. Completing the term does not affect possible reappointment for two successive terms.
(d)Members of the Council shall elect from among themselves a vice-Chairperson of the Council.
(4)The office of a member of Council shall become vacant—
(a)if, not being an ex officio member, he resigns his office by writing under his hand addressed to the secretary to the Council;
(b)if the Council is satisfied that such a member is, by reasons of physical or mental infirmity, unable to exercise the functions of his office;
(c)upon his death;
(d)if the appointing body revokes the appointment.
(5)Where the office of a member of the Council becomes vacant under section 14(4), the Secretary to the Council shall forthwith notify the vacancy to the appropriate appointing body or person.
(6)The Council shall meet at least twice a year and at any other time at the request of the Chairperson or of three members of the Council.
(7)The procedure and the conduct and regulation of the affairs of the Council shall be vested in the Council.

15. The functions and duties of the Council

(1)Subject to Sapeinta Christiana, Ex Corde Ecclessiae and the AMECEA, the Government control and administration of the University shall be vested in the Council.
(2)The Council shall have power to—
(a)foster the declared objects of the University and to develop policies conductive to their attainment;
(b)approve Statutes and recommend to the Sacred Congregation for Catholic Education any change in the norms in consultation with the AMECEA;
(c)communicate with the government authorities on any legal matters concerning the University;
(d)authorize the acquisition and alienation of properties, approve major structural alterations and important construction works with the approval of the AMECEA and subject to cannon law;
(e)act as a court of appeal for all claims and internal disputes in the University which the Senate or a lower body has been unable to settle;
(f)appoint its own committees;
(g)receive and consider proposals for opening of new faculties, institutes, schools, departments, research centres in collaboration with the AMECEA and present them to the Congregation for Catholic Education and for submission to the Commission for Higher Education in accordance with the Universities Act and Rules made thereunder;
(h)appoint principals of colleges within the University from names proposed by the Senate;
(i)appoint the academic deans of faculties and the Dean of Students from names presented by the Senate;
(j)examine and approve the annual and triennial reports as well as the financial reports and budget presented by the Rector;
(k)establish and maintain relations, through the Chancellor, with the Congregation for the Evangelization of Peoples, and to submit regular reports thereon to the AMECEA;
(l)appoint the Registrar, Librarian and the Bursar;
(m)appoint full-time and part-time teaching staff, after consultation with the Senate;
(n)appoint full-time, and part-time non-teaching staff for the proper and efficient management and administration of the University;
(o)approve, at the recommendation of the Senate, the promotion of academic staff;
(p)administer the property and funds of the University, other than property and funds of a constituent college, in such a manner and for such purposes as will, in the opinion of the Council, promote the best interests of the University;
(q)receive, on behalf of the University, gifts, donations, grants or other moneys and to make disbursements therefrom;
(r)create full and partial bursaries and determine the conditions and modalities for the granting of such bursaries;
(s)provide for the welfare of the staff and students of the University;
(t)enter into association with other universities, or other institutions of higher learning;
(u)make, after consultation with the Senate, regulations governing the conduct and discipline of the students.
(3)All documents, other than those required by law to be under seal, made on behalf of the Council, and all decisions of the Council, may be signified under the hand of the Chancellor or the Rector or any other member of the Council generally or specially authorized by the Council in that behalf.

16. The Chancellor

(1)The Chancellor shall be appointed by the AMECEA and shall represent the Holy See to the University and equally the University to the Holy See and other civil authorities.
(2)The Chancellor shall—
(a)promote continually the University's holistic progress and advancement, ensure that the Catholic doctrine is integrally followed, and enforce the faithful implementation of the statutes and prescriptions of the Holy See;
(b)present to the Congregation for Catholic Education for confirmation the name of the one appointed by AMECEA as Rector, as well as the names of lecturers for whom a Nihil Obstat is required;
(c)inform the Congregation for Catholic Education about important matters pertaining to the University and its constituent colleges and to send to that Congregation every three years a detailed report on the academic, moral and economic condition of the University;
(d)help ensure collaboration among all the different ranks and members of the University and the community and of its constituent colleges;
(e)receive the profession of faith of the Rector;
(f)give or take away from lecturers the canonical mission or permission to teach pursuant to the provision of Sapientia Christiana;
(g)confer in the name of the Supreme Pontiff and the AMECEA both ecclesiastical and non-ecclesiastical certificates, diplomas and degree to successful candidates recommended and presented by the Senate;
(h)direct internal inspection and visitation to be carried out;
(i)chair all meetings of the University Council; and
(j)enjoy such powers and privileges and perform such other functions as may be provided in the statutes.

17. The Senate

(1)There shall be a Senate of the University which shall consist of—
(a)the Rector, who shall be the Chairperson;
(b)the Vice-Rector;
(c)the Principal of each constituent college;
(d)the Principal of each college within the University;
(e)the Deans/Directors/Principals of all faculties, institutes and schools of the University;
(f)the heads of departments;
(g)the directors of research centres;
(h)all professors;
(i)one representative elected from among the associate professors;
(j)one representative elected from among the full-time lecturers;
(k)the Registrar;
(l)the Librarian;
(m)the Bursar;
(n)the Dean of Students;
(o)two representatives of the Student Organization.
(2)The members of the Senate shall elect a vice-Chairperson from among themselves unless the Vice-Rector has been appointed.
(3)The Registrar shall be the secretary of the Senate.
(4)The Senate shall determine its quorum and make its own internal regulations.
(5)Subject to this Charter, the Senate shall have the following powers and duties—
(a)to propose to the Council for approval of the short and long-term academic plans and their modifications based on a continuous evaluation;
(b)to develop, evaluate and propose modifications in the programme of instruction in the research and field services consistent with the objectives and policies of the University;
(c)to develop criteria and policies for the admission of students, their retention and promotion, the awarding of degrees, diplomas and certificates;
(d)to approve the academic calendar and academic programme of studies;
(e)to discuss and approve the annual academic reports presented by the principals and deans;
(f)to settle academic matters within the faculties and departments and to deal with academic disputes arising therefrom;
(g)to discuss, evaluate and accept affiliations to first degree programme of the constituent colleges and supervise them;
(h)to recommend to the Council changes in the statutes and regulations;
(i)to propose to the Council the financial needs of the academic life of the University;
(j)to recommend to the Council appointments and promotions of academic staff;
(k)to promote and supervise the development of the library and the archives;
(l)to receive and approve examination results;
(m)to make regulations governing such matters as are within its powers in accordance with this Charter or the statutes.
(6)The Senate shall meet at least two times a year.
(7)The Senate may establish such committees as may be deemed necessary for the efficient discharge of its functions and duties.

Part IV – ADMINISTRATION OF THE UNIVERSITY

18. The University Management Board

(1)There shall be a University Management Board whose membership powers and functions are as provided for in the statutes.
(2)The University Management Board shall manage the day to day operations of the University.

19. The Rector

(1)The Rector shall be appointed by the AMECEA from the names proposed by the Council and confirmed by the Congregation for Catholic Education.
(2)The Rector shall be the academic and administrative head of the University.
(3)The Rector shall hold office for a period of four years but shall be eligible for re-appointment.
(4)The Rector shall—
(a)direct, promote and co-ordinate all the activities of the University;
(b)act as the representative of the University and be its spokesman in its external relations;
(c)assume administrative responsibilities for the day to day running of the University and its management;
(d)convoke and preside over the Senate in accordance with the norms and the statutes;
(e)watch over the administration of the temporalies;
(f)refer more important matters to the Chancellor;
(g)send, every year, a statistical summary to the Congregation for Catholic Education, according to the outlines provided by the said Congregation;
(h)work collegially with the personnel of the University for the realization of its objectives;
(i)appoint heads of departments after consultation with relevant Faculty Dean;
(j)perform such other functions and have such other powers as the Council may, by Statute prescribe.

20. The Vice-Rector

(1)The Vice-Rector shall be appointed by the AMECEA from names proposed by the Council.
(2)The Vice-Rector shall have such functions and powers as the Council may, by Statute, prescribe.

21. The Principals of colleges within the University

(1)The Council shall, from names proposed by the academic board for each college within the University, appoint a principal who shall be the academic and administrative head of the college and shall, under the general authority of the Rector, have such other powers and duties as may be provided by the statutes.
(2)A person appointed as a principal shall hold office upon such terms and for such period as the Council may, by re-solution, prescribe.

22. The Registrar

The Registrar shall be appointed by the Council and shall have such functions and powers as the Council may, by resolution, prescribe.

23. Funds and resources

The Librarian shall be appointed by the Council. He shall be responsible for the care of books and periodicals and all the library property.

24. The Bursar

The Bursar shall be appointed by the Council. He shall be the chief financial officer of the University.

25. The Dean of Students

The Dean of Students shall be appointed by the Council. He shall be responsible for all students affairs other than those related to finance.

26. The Academic Dean

The Academic Dean shall be appointed by the Senate from the names proposed by the academic board of each faculty. He shall promote and co-ordinate the activities of his faculty.

27. The performance of duties during incapacity of office holder

(1)The functions of the Rector may be performed by the Vice-Rector in the event of the incapacity of the Rector.
(2)In the event of the incapacity of the Rector and the Vice-Rector the functions of the Rector may be performed, during the incapacity, by a member of the academic staff of the University designated for that purpose by the Chancellor.
(3)In the event of the incapacity of any member of the staff of the University other than the Rector, may appoint a suitable person to perform the functions of the member during the incapacity.
(4)In this section, "incapacity" means absence from Eastern Africa or inability for any other reason to perform the functions of the office concerned.

Part V – FINANCIAL PROVISIONS

28. Financial year

(1)The financial year of the University shall be the period of twelve months commencing on such day in each year as the Council may determine.
(2)In the event of any change in the financial year, and for the purposes of the transition from the old financial year to a new financial year consequent upon the change, the transitional period, whether more or less than twelve months, shall be deemed, for the purposes of this Charter, to be a financial year.

29. Investment of funds

(1)The Council may invest any of the funds of the University in securities in which for the time being trustees may by law invest trust funds or in any other securities which the AMECEA may from time to time approve for the purpose.
(2)The Council may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the University.
(3)Before the commencement of a financial year the Council shall cause to be prepared estimates of the revenue and expenditure of the University for that year.

30. Annual estimates

(1)The annual estimates shall make provision for all the estimated expenditure of the University for the financial year concerned, and, in particular, shall provide—
(a)for the payment of the salaries, allowances and other charges in respect of the staff of the University;
(b)for the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University;
(c)for the proper maintenance of the buildings and grounds of the University;
(d)for the proper maintenance, repair and replacement of the equipment and other movable property of the University;
(e)for the funding of the cost of teaching and research activities of and in the University;
(f)for the creation of such reserve funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Council may think fit.
(2)Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the AMECEA for approval.
(3)No expenditure shall be incurred for the purpose of the University except in accordance with the annual estimates approved under section 30 (2) or in pursuance of an authorization of the Council given with the prior approval of the AMECEA.

31. Audit

(1)The Council shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the University.
(2)Within a period of three months from the end of each financial year, the Council shall submit to an auditor, to be appointed by the Council with the approval of AMECEA, the accounts of the University together with—
(a)a statement of income and expenditure during that year; and
(b)a statement of the assets and liabilities of the University on the last day of that year.
(3)The accounts of the University shall be audited by an auditor appointed by the Council with the approval of the AMECEA.
(4)The employment of an auditor shall not be terminated by the Council without the consent of the AMECEA.
(5)The AMECEA may give general or special directions to an auditor appointed under section 31(3), and the auditor shall comply with those directions.
(6)An auditor appointed under section 31(3) shall report directly to the AMECEA on any matter relating to the directions given under article 16.5.
(7)Within a period of six months after the end of the financial year the auditor shall report on the examination and audit of the accounts of the University to the Council and where the auditor has been appointed under section 31(3), he shall also transmit a copy of the report and accounts to the AMECEA.
(8)The fee for an auditor shall be fixed and paid by the Council.

Part VI – MISCELLANEOUS PROVISIONS

32. Statutes

(1)In the performance of its functions under this Charter, the Council shall, subject to the Universities Act and to Sapientia Christiana, make statutes for the government, control and administration of the University and for the better carrying into effect of the purposes of this Charter, and in particular for—
(a)the establishment of faculties, institutes and schools of the University;
(b)the description of degrees;
(c)the requirements for the award of degrees;
(d)the conduct of examinations;
(e)prescribing fees and other charges;
(f)the settlement of the terms and conditions of service including the appointment, dismissal, remuneration and retiring benefits of the members of staff of the University;
(g)the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council;
(h)prescribing the rules and regulations for the students' organizations;
(i)providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the statutes.
(2)Statutes shall only be made by a resolution passed at one meeting of the Council supported by a majority of not less than three-fourths of the members present and voting being not less than half of the total membership of the Council.

33. Protection of name

(1)Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names shall accept for such registration any name which includes together with the word "University", the words "Catholic" and or "Eastern Africa", unless the application for such registration is accompanied by the written consent of the Council.
(2)Any person who, except with the written consent of the Council, uses the word "University" together with words "Catholic" and "Eastern Africa”, in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling or profession, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a period not exceeding one month or to both such fine and imprisonment: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 of any degrees, diploma, or certificate by the University.

APPENDIX

1.Hekima College—The Jesuit School of Theology.
2.Tangaza Theological College.
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29 December 2023
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22 December 2023
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31 December 2022 this version
06 November 1992
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