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The Charter for Daystar University

Legal Notice 373 of 1994

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The Charter for Daystar University
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Legal Notice 373 of 1994
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Universities Act
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English
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Legal Notice
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LAWS OF KENYA

UNIVERSITIES ACT

THE CHARTER FOR DAYSTAR UNIVERSITY

LEGAL NOTICE 373 OF 1994

  • Published in Kenya Gazette Vol. XCVI—No. 51 on 21 October 1994
  • Commenced on 21 October 1994
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

SCHEDULE

WHEREAS (Daystar Company Limited), the proprietors of Daystar University College situated in the Republic of Kenya, wishes to establish an institution in the name of Daystar University;AND WHEREAS the said Daystar University College has applied to the Commission for Higher Education for the grant of a charter in the manner prescribed under the Universities Act (Cap. 210);AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of Daystar University, are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for Higher Education is also satisfied that Daystar University College has complied with the provisions of the Act;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 Daystar University, 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;Now 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 Daystar University.

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the Daystar University Charter.

2. Interpretation

In this Charter, unless the context otherwise requires—"Affiliated Institutions” means institutions which have academic linkage with Daystar University under section 8 for the purposes of being able to grant university degrees, diplomas and certificates;"Alumni Association” means the Alumni Association of Daystar University established under section 26;"Chancellor" means the Chancellor of Daystar University appointed under section 14;“Charter" means Daystar University Charter;"Company" means the registered non-profit making Daystar Company Limited by guarantee and the body that sponsors Daystar University;"Constituent College" means the Constituent College established under section 8;"Council" means the Governing Council of Daystar University established under section 15(1);"Deputy Vice-Chancellor for Academic Affairs" means Deputy Vice-Chancellor for Academic Affairs appointed under section 20(2);“Deputy Vice-Chancellor for Finance, Planning and Administration" means Deputy Vice-Chancellor appointed under section 20(3);"Director" means a person appointed as Director under section 22;"Executive Committee" means the Executive Committee of the Council appointed under section 16(5);"Fiscal Year” means the fiscal year of Daystar University determined under section 27(1);"Graduate" means a person upon whom a degree has been conferred by Daystar University;"Management Board” means the Management Board established under section 18;"Principal" means the Principal appointed under section 21;"Senate" means the Senate of Daystar University established under section 17;"Statutes" means the statutes of Daystar University made by the Council under section 32;"Student" means a person registered by Daystar University for the purpose of obtaining a qualification of Daystar University, or any other person who is determined by the Senate to a student;"Students Association” means the association of students recognized by the Council as being an organization representative of the students of Daystar University;"University" means Daystar University;"Vice-Chancellor” means the Vice-Chancellor of Daystar University appointed under section 19.

Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

3. Establishment and Incorporation of Daystar University

(1)There is hereby established a university to be known as Daystar University which shall be constituted in accordance with this Charter.
(2)Daystar University is a non-profit making and inter-denominational Christian educational institution sponsored by Daystar Company Ltd., to provide Christian based higher education, training and research for the expansion of God's Kingdom.
(3)The University shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of:
(a)taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property;
(b)borrowing or lending money;
(c)suing and being sued;
(d)doing or performing all such other things or acts for the proper performance of its functions under, and for the furtherance of the provisions of this Charter, which may lawfully be done or performed by a body corporate; and
(e)entering into contracts with Government, other institutions and individuals;
(f)receiving bequests and gifts which shall be used for the purposes stated by the persons making such bequests and gifts.
(4)Daystar University is the successor to Daystar University College, formerly affiliated to Messiah College, Grantham Pennsylvania and Wheaton College Wheaton, Illinois in the United States of America. Subject to this Charter, all rights, duties, obligations, assets and liabilities of Daystar University College existing at the commencement of this Charter, shall be automatically and fully transferred to Day star University, and any reference to Daystar University College in any contract or document shall for all purposes, be deemed to be a reference to Daystar University as established under section 3 of the Charter.

4. The Mission of the University

The mission of the University shall be:
(a)to provide Christian-based higher education, training and research for the expansion of God's kingdom in the world, and especially Africa;
(b)to provide broad biblically based education programmes that will develop men and women to serve in a variety of supportive and leadership roles in the African church and society, and through the training and extension programmes, research and advisory services, to help equip the church to effectively service the society in which it exists.

5. The Philosophy of the University

Daystar University Christian philosophy of life and conduct, teaching, training and research, is founded on Christian principles and values based on the following biblical statement of faith and practice. As a community of people who follow Jesus Christ, we:
(a)Affirm our belief in—
(i)the one-eternal God in Trinity of the Father, Son and Holy Spirit, the Creator and Lord of the world, who governs all things according to the purpose of His will, calling out of the world a people for Himself and sending them back into the world to be His servants and witnesses for the extension of His kingdom, the building of Christ's church and the glory of His name;
(ii)the one Saviour, Jesus Christ Himself being the only God-man, who died for the sins of mankind and was raised from the dead according to the scriptures; the only ransom for sinners and mediator between God and man; who is exalted above every other name as Saviour of the world who offers forgiveness of sins and liberating gift of the Spirit to all who repent, believe and come to him personally and so be reconciled to God; and those who reject Him repudiate the joy of salvation and condemn themselves to eternal separation with God;
(iii)the Holy Spirit, sent by God the Father to bear witness to His Son, whose power and works among men lead to the conviction of sin, faith in Christ, new birth and Christian growth; and speaking through the scriptures illuminess the minds of God's people in every culture to perceive the truth and discloses to the whole church the wisdom of God;
(iv)the divine inspiration, truthfulness and authority of the Old and the New Testament scriptures as the Word of God with power to accomplish His purpose of salvation; the gospel of good news for the whole world addressed to all mankind for God's revelation in Christ and the only infallible rule of faith and practice;
(v)the return of Jesus Christ personally and visibly in power and glory to consummate his salvation and judgement; the interim period being filled with evangelism by the people of God, who eagerly await for Christ's return, the coming of the new heaven and new earth in which righteousness will dwell and God will reign forever; and meanwhile rededicating themselves to the service of Christ and men in joyful submission to Christ's authority over the whole of life.
(b)Acknowledge the constant spiritual warfare with principalities and powers of evil which are seeking to overthrow the kingdom of God and to frustrate the work of the church, and the need for Christians to be equipped with God's armour and to fight with spiritual weapons of truth and prayer, being watchful and discerning to safeguard the biblical gospel.
(c)Are committed to—
(i)the church as the community of God's people that is not identified with any particular culture, social or political system or human ideology; being the centre of God's cosmic purpose and his appointed means of spreading the gospel to the world; and which needs to be closely united in fellowship, work, witness and functional co-operation for the furtherance of church's mission, and for mutual encouragement and the sharing of resources and experience;
(ii)Christian churches that are deeply rooted in Christ and closely related to their cultures, always testing and judging such cultures in accordance with scripture's criteria for truth and righteousness, insisting on the moral absolutes and seeking to transform and enrich them for the glory of God;
(iii)the freedom of thought and conscience to practice and propagate the gospel in accordance with the will of God, and to remain faithful to the gospel whatever the cost;
(iv)the sharing in God's concern for justice and reconciliation throughout human society and for the liberation of man; evangelism and socio-economic/political involvement, without being afraid to denounce evil and injustice wherever they exist, being part of Christian duty and necessary expressions of Christian doctrines of God and man, love for one's neighbour and obedience to Jesus Christ to exhibit His kingdom and to spread its justice and righteousness in the world;
(v)Christian education, training and research that are indigenous and developed by creative local initiatives according to biblical standards of doctrine, discipleship, evangelism, nurture and service to equip and encourage Christian leaders in church and society to provide Christian style of leadership and service.

6. The Objects of the University

The objects of the University shall be—
(a)to provide resources for university education, training discussion, research and teaching within the context of Christian truth and commitment, spiritual sensitivity, and obedience to Christ;
(b)to provide, with other Christians, academic leadership to the church in Africa so as to address through research, education and consultation, the economic, social and political problems of the African society and those challenges unique to the church of Christ;
(c)to provide adequate resources for quality university education, training and research based on biblical concepts and values which reflect the African cultural heritage;
(d)to develop in students deeper faith in Jesus Christ and greater commitment to His gospel;
(e)to guide students to understand and accept themselves, their individual needs and talents, and to develop their potential for productive life and service;
(f)to provide students with a balanced educational programme that helps them to develop and to broaden their perception of the inherent inter-relationship between the physical and spiritual needs, and to develop a holistic approach to life;
(g)to equip students, to personally commit themselves to evangelism, church planting and leadership;
(h)to develop in students a deeper understanding of traditional and modern Africa, and to equip them to effectively provide a Christian approach to socio-economic and political development of the African continent;
(i)to play an effective role in the development and expansion of Christian university education in Africa.

7. The Functions of the University

(1)The University shall have the following functions—
(a)to provide resources for university education, training and research and for the establishment of colleges, faculties, schools, departments, institutes, centres and such other institutions as the Council may determine;
(b)to determine who may teach, what may be taught and how it may be taught in the University;
(c)to conduct research and encourage the conduct of research which enlarges the province of human knowledge in general, and increases the effectiveness of the church in particular;
(d)to assist in the preservation, processing, transmission and dissemination of knowledge and in the stimulation of the intellectual life and cultural development of the students and the African church and society;
(e)to conduct examinations for, and grant degrees, diplomas, certificates and other awards of the University;
(f)to provide a balanced programme and experiences for harmonious and holistic development of students and staff;
(g)to carry out any other functions as may be permitted and approved by the Council.
(2)The University shall admit for study for degrees, diplomas, certificates or other awards of the University, such candidates as shall have been accepted by the Senate as being academically qualified, and who accept the University's Christian mission and philosophy as provided under sections 4 and 5 of the Charter, without regard or preference to gender, ethnic origin, race or physical disability being imposed as a condition for being a student.

8. Colleges and Affiliated Institutions

The University may establish as approved by the Council—
(a)constituent colleges of the University;
(b)colleges, faculties, schools and institutes of the University, or;
(c)enter into various types of academic linkages or affiliations with other recognized institutions.

9. Conferment of Degrees, Diplomas, Certificates and Other Awards

(1)The University shall have power to confer degrees and grant diplomas, certificates or any other awards as may be provided for in the Statutes of the University.
(2)The University may, in accordance with such conditions as it may prescribe, confer any degree, or award any academic distinction as honorary degree, or academic distinction to a person Who has rendered distinction in the advancement of any branch of learning, or who has otherwise, in the opinion of the Council, rendered himself worthy of the degree or academic distinction.
(3)The University may, under conditions which it may prescribe, award fellowships, scholarships, bursaries and prizes and make other awards which it may consider necessary or desirable.

10. The Use of the Common Seal of the University

(1)The Common Seal of the University shall be kept in such custody as the Council may direct and shall be used upon the order and direction of the Council.
(2)The Common seal of the University shall be authenticated by the signature of the Chairperson of the Council, the Vice-Chancellor or any other person specifically appointed by the Council and duly authorized by the Council in that behalf.
(3)The Common seal of the University, when affixed to any document and duly authenticated under this section, shall be judicially and officially noticed, and unless and until the contrary is proven, any necessary order or authorization of the Council under this section shall he presumed to have been duly given.

Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

11. Membership

(1)The members of the University shall be—
(a)the Chancellor who is also Chairperson of the Council;
(b)Vice-Chairperson of the Council;
(c)Members of the Council;
(d)the Vice-Chancellor;
(e)the Deputy Vice-Chancellors;
(f)the Principals;
(g)the Directors;
(h)the Deans;
(i)the Registrars;
(j)the Librarian;
(k)the Finance Manager;
(l)the Academic Staff;
(m)the Students;
(n)Members of Daystar Company Ltd., and
(o)such other members of staff of the University, or of any other body, formally admitted into association with the University, as the Council may from time to time determine.
(2)A member of the University shall profess personal faith in Jesus Christ as Lord and Saviour accept the University's Christian philosophy as provided for under section 5 (1) of the Charter and satisfy the Council of his soundness in faith and practice of the Christian doctrine demonstrated through acts of justice, mercy and love in the church and society.

12. Governance of the University

The governance of the University shall be vested in the following persons and bodies—
(a)Daystar Company Ltd.;
(b)the Chancellor;
(c)the University Council, and
(d)the Senate.

13. Daystar Company Ltd

The Day Star Company Limited, which is the founder and sponsor of the University, shall have and exercise the following functions—
(a)to oversee the mission of the University;
(b)to appoint the Chancellor of the University;
(c)to elect members to serve on the Council of the University;
(d)to receive reports on the operation and progress of the University.

14. The Chancellor

(1)The Chancellor of the Daystar Company Limited shall, in consultation with the Council, appoint a Chancellor of the University who shall also serve as the Chairperson of the Council.
(2)A person who is appointed Chancellor shall hold office for a period of five years, and shall be eligible for re-appointment for one more term.
(3)The Chancellor shall—
(a)promote continually the University's holistic progress and advancement in accordance with the University's Christian philosophy, Charter and Statutes;
(b)be the head of the University and in name of the University confer degrees and grant diplomas, certificates and other awards of the University;
(c)chair meetings of the Council and the Executive Committee;
(d)direct, from time to time, an inspection and assessment of the general administration and organization, teaching and research, and any other work of the University, and
(e)enjoy such powers and privileges and perform such functions as the Council may approve and are provided for in the Statutes.
(4)Whenever the Chancellor is, for any reason, unable to perform functions of his office, the Council shall appoint a person, from among the members of the Council, to perform those functions during the absence or incapacity of the Chancellor.

15. The Council

(1)There shall be a Council of the University which shall be the governing body with full responsibility over the University.
(2)The Council shall consist of the following—
(a)the Chancellor elected by the Daystar Company Ltd. and who shall be the Chairperson of the Council;
(b)Vice-Chairperson elected by members of Council from among its members;
(c)fifteen members elected by the Daystar Company consisting of men and women from—
(i)Christian churches;
(ii)Christian agencies with which Daystar is associated;
(iii)para-church organizations with Christian ministries in Africa;
(iv)professional bodies in Africa which are involved in Christian higher education;
(v)academic and research institutions associated with the University.
(d)one member representing each Daystar University Alumni Association;
(e)one member representing each Daystar University Board registered outside Kenya;
(f)two members co-opted by the Council;
(g)the following members elected annually by the bodies they represent—
(i)two members representing the University Senate;
(ii)two members representing the University academic staff;
(iii)two members representing the Daystar University Students Association;
(h)the Vice-Chancellor who shall be the Secretary of the Council;
(i)the following ex officio members—
(i)Deputy Vice-Chancellors;
(ii)Principals of Colleges;
(iii)Director of Student Development;
(iv)Executive Directors of Daystar University Boards registered outside Africa.
(3)Five members of the Council elected under section 15 2 (c) shall come from outside Kenya.
(4)A member shall hold office for a period of three years.
(5)Every year a third of the members shall retire, except that a retiring member shall be eligible for election for a maximum of two consecutive terms after which the member must retire for at least one year.
(6)A member shall comply with standards of faith, doctrine and conduct required under section 11(2) of the Charter.
(7)A member shall not vote in respect of any contract in which the member is interested, or any matter arising thereof and if the member does so vote the vote shall not be counted.
(8)The office of a member of the Council shall become vacant—
(a)if the member fails to comply with the provisions of section 11(2) of this Charter; or
(b)if the member resigns his office by writing a letter under his hand addressed to the Secretary of the Council; or
(c)if the Council is satisfied that a member is, by reason of physical or mental infirmity, unable to exercise the functions of the office; or
(d)if the member fails to perform the duties of office without valid reason as determined by the Council and approved by the members of the Company at either a special meeting or annual general meeting; or
(e)arising from the member's gross misconduct as determined by the Council and approved by the members of the Company at either a special meeting or the annual general meeting; or
(f)if the member is directly or indirectly interested in any contract with the University and fails to declare the nature of his interest; or
(g)if the member becomes bankrupt or makes any arrangement or proposition with his creditors generally; or
(h)upon the member's death.
(9)Where the office of a member of Council becomes vacant, the Secretary of the Council shall forthwith notify the vacancy to the Council.

16. Functions of the Council

(1)The governance, control and administration of the University shall be vested in the Council which shall act and exercise all legal rights, powers and privileges of the University as provided in the Charter.
(2)Notwithstanding subsection (1) of this section, the Council shall have power—
(a)to foster the stated objectives of the University and develop policies conducive to attainment of the objectives, the mission and the Christian character of the University;
(b)to provide and administer the property and funds of the University in a manner and for the purposes which shall promote the best interests of the University;
(c)to receive on behalf of the University, funds, gifts, donations, grants and other monies and make disbursements thereof;
(d)to direct the raising and securing of financial support for the University and approve the University budget;
(e)to provide for the welfare of the staff of the University, determine staff ranks and positions and the terms and conditions of service;
(f)to provide for the welfare of the students of the University;
(g)to set the rates of various University fees and charges;
(h)to create University scholarships, bursaries and other awards and to determine the conditions and modalities to govern them;
(i)to appoint University staff upon such terms and conditions of service as may be provided for in the Statutes from time to time;
(j)to delegate either generally or specifically, to any person or committee, the power to appoint any member of staff of the University;
(k)to approve, in consultation with the Senate, regulations governing the conduct and discipline of the staff and students of the University;
(l)to approve and enter into any association with other colleges or any institutions of higher learning and research or other bodies either within or outside Kenya;
(m)to establish, in consultation with the Senate and with the approval of the Commission for Higher Education such colleges, faculties, institutes, schools, departments and any new programmes as may be deemed necessary;
(n)to constitute the final court of appeal for the staff, students and alumni of the University.
(3)The Council may delegate any of its powers to committees of the Council consisting of such members or bodies as it may deem fit. All such committees shall, in the exercise of their powers so delegated, conform to any regulations that may be imposed by the Council.
(4)The Council may establish any advisory body or associations as it may deem fit. All such bodies and associations shall perform their functions in accordance with the provisions of the statutes and regulations made by the Council.
(5)The Council shall establish an Executive Committee consisting of the Chairperson of the Council, as its Chairperson, and four Governors, Vice-Chancellor as its secretary, and in attendance the Deputy Vice-Chancellors and Principals. The functions of the Executive Committee shall be—
(a)to act on behalf of the Council in between the Council meetings;
(b)to ensure that the decisions of the Council are implemented;
(c)to co-ordinate the activities of all committees of the Council; and
(d)to initiate action on all matters related to the University for Council approval.
(6)The Secretary to the Council and the Executive Committee shall—
(a)cause minutes to be kept in books provided for the purpose including the names of the members present, the proceedings and resolutions of the meetings and the appointments made by the Council;
(b)ensure that all notices are sent or waivers executed;
(c)be the custodian of the Common Seal.
(7)All documents, other than those required by law to be under the seal, made on behalf of the Council, and all decisions of the Council, may be signified under the hand of the Chairperson or the Secretary or such other persons as may be authorized by the Council.
(8)The procedure, conduct and regulations of the affairs of he Council shall be vested in the Council as provided for in the Statutes.
(9)For all meetings of the Council, the quorum shall be the nearest whole number above half the membership.

17. The Senate

(1)There shall be a Senate of the University consisting of—
(a)the Vice-Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Principals;
(d)the Directors;
(e)the Deans of Faculties;
(f)the Chairperson of teaching and research departments of the University;
(g)the Librarian;
(h)the Registrar;
(i)two members elected by the academic staff;
(j)two students elected by the Students Association;
(k)any other members as may be provided for in the Statutes or co-opted by the Senate.
(2)The Senate shall have the following powers and duties—
(a)to propose to the Council for approval the short-term and long-term academic plans and their modifications based on a continuous evaluation;
(b)to develop, evaluate and propose modifications in the programmes of instruction, research and field services consistent with the objectives, policies and Christian philosophy of the University;
(c)to develop criteria and policies for the admission of students, their retention and progression to the next years of study, the award 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 receive and approve examination results;
(h)to discuss, evaluate and recommend to the Council, affiliations of degree programmes and other programmes leading to academic awards of the constituent colleges and supervise them;
(i)to recommend to the Council changes in the Statutes and Regulations;
(j)to propose to the Council the financial needs of the academic, training and research programmes of the University;
(k)to recommend to the Council appointments and promotions of academic staff;
(l)to promote and supervise the development of the library and the archives;
(m)to formulate and recommend to the Council regulations governing the conduct and discipline of the staff and students of the University;
(n)to act on matters related to the mass related to the mass indiscipline or unrest of staff and students of the University as provided in the Statutes;
(o)to make regulations governing such matters as are within its powers in accordance with this Charter or the Statutes.
(3)The Deputy Vice-Chancellor Academic Affairs shall be the Secretary of the Senate.
(4)The Senate shall meet at least two times a semester.
(5)The Senate may—
(a)establish such committees as may be deemed necessary for the efficient discharge of its functions and duties;
(b)delegate any of its powers to other Committees of the Senate consisting of such members or bodies as they may deem fit.
(6)All committees established by the Senate shall, in the exercise of their powers so delegated, conform to any regulations that may be imposed by the Senate.
(7)The Senate shall undertake any other functions, and duties as may be provided for in the Statutes.

Part IV – MANAGEMENT OF THE UNIVERSITY

18. The Management Board

(1)There shall be a Management Board of the University consisting of:
(a)the Vice-Chancellor who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Principals;
(d)the Directors;
(e)the Deans of Faculties;
(f)any other members as may be provided for in the Statutes, or co-opted by the Management Board.
(2)The Management Board shall manage the day to day operations of the University and shall—
(a)ensure efficient management of the personnel, facilities and finances of the University;
(b)plan for the development and the needs of the University;
(c)prepare, in consultation with the Senate, the annual plans and budgets for submission to the Council for approval;
(d)develop strategies for generation of revenue and fund raising to secure adequate financial support for the University;
(e)implement the rules and regulations governing the conduct and behaviour of staff or students of the University as approved by the Council and provided for in the Statutes;
(f)recommend such policies and strategies that achieve the objectives of the University and work for the maintenance of the Christian character of the University;
(g)undertake any other functions and duties as may be provided for in the Statutes.
(3)The Deputy Vice-Chancellor Finance, Planning and Administration shall be the Secretary of the Management Board.
(4)The Management Board may delegate any of its powers to other committees of the Management Board consisting of such members or bodies as it may deem fit. All such committees shall in the exercise of their powers so delegated conform to any regulations that may be imposed by the Management Board.

19. The Vice-Chancellor

(1)The Council shall appoint a Vice-Chancellor who shall be the academic and administrative head of the University.The Vice-Chancellor shall—
(a)direct, promote and co-ordinate all the programmes and activities of the University;
(b)act as the representative of the University and be its spokesman on its external relations;
(c)assume administrative responsibilities for the day to day running of the University and its management;
(d)preside over the Senate and the Management Board in accordance with the Statutes;
(e)be responsible for the general welfare, conduct and discipline of staff and students;
(f)work collegially with the personnel of the University for the realization of its objectives;
(g)direct the securing of financial support for the University.
(2)The Vice-Chancellor shall be appointed on such terms and conditions of service as the Council may determine from time to time, and shall hold office for such period as may be provided for in the Statutes.

20. The Deputy Vice-Chancellors

(1)The Council shall, in consultation with the Vice-Chancellor, appoint Deputy Vice-Chancellors who shall, under the direction and authority of the Vice-Chancellor, perform such duties as may be provided for in the Statutes.
(2)There shall be a Deputy Vice-Chancellor for Academic Affairs who shall be the chief academic officer of the University and shall—
(a)be secretary to the Senate;
(b)administer academic regulations as the Senate may from time to time adopt;
(c)be responsible for the planning and development of the curricular and research programmes of the University;
(d)oversee the quality and content of instruction and research programmes;
(e)perform such other duties as may be provided for in the Statutes.
(3)There shall be a Deputy Vice-Chancellor for Finance, Planning and Administration, who shall be the chief planning, finance and administrative officer of the University and shall—
(a)be the Secretary to the Management Board;
(b)co-ordinate the planning and budgeting for the University;
(c)be responsible for the management and administration of University finances and financial resources;
(d)be responsible for the maintenance of University facilities and equipment;
(e)be responsible for the management of personnel matters;
(f)perform such other duties as may be provided for in the Statutes.
(4)The Deputy Vice-Chancellors shall be appointed on such terms and conditions of service as the Council may determine from time to time, and shall hold office for such periods as may be provided for in the Statutes.

21. The Principals

(1)The Council shall, in consultation with the Vice-Chancellor, appoint Principals who under the direction and authority of the Vice-Chancellor shall—
(a)be responsible for the administration of constituent colleges of the University, and
(b)perform such other duties as shall be provided for in the Statutes.
(2)The Principals shall be appointed on such terms and conditions of service as the Council may determine from time to time and shall hold office for such periods as may be provided for in the Statutes.

22. The Directors

(1)The Council shall, in consultation with the Vice-Chancellor, appoint Directors who shall, under the direction and authority of the Vice-Chancellor, perform such duties as may be provided for in the Statutes.
(2)A Director shall be appointed in such terms and conditions of service as may be determined by the Council, and shall hold office for such periods as may be provided for in the Statutes.

23. The Deans

(1)The Council shall, in consultation with the Vice-Chancellor, appoint Deans who shall, under the direction and authority of the Vice-Chancellor, perform such duties as may be provided for in the Statutes.
(2)A Dean shall be appointed on such terms and conditions of service as any be determined by the Council, and shall hold office for such period as may be provided for in the Statutes.

24. The Staff of the University

(1)The academic staff shall consist of:
(a)the Vice-Chancellor;
(b)the Deputy Vice-Chancellors;
(c)the Principals;
(d)the Directors;
(e)the Deans;
(f)the Librarians;
(g)the Registrars;
(h)members of staff who have direct responsibility for and contact with students as teachers, counsellors or administrators recognized as holding positions on academic terms of service.
(2)The non-academic staff shall consist of other University personnel not covered under subsection (1) above.
(3)Members of staff shall be required—
(a)to comply with the requirements of faith and doctrine as is stipulated in section 11(2) of the Charter, and the code of conduct as detailed in the Statutes;
(b)to be subject to the general authority or the Council and of the Vice-Chancellor; and
(c)to be deemed to be employed on a full-time basis except as otherwise specifically provided for by the Statutes.
(4)The status, privileges, procedures and responsibilities of the staff shall be as defined in the Statutes.
(5)Subject to the provisions of this Charter, it will be the duty of the staff, through discussion, study and research, to institute procedures for the efficiency and quality of instruction, guidance and advancement of students.
(6)All the staff may, through their departmental meetings, make proposals and recommendations to the Senate or the Management Board, as specified in the Statutes, and the Senate or Management Board shall make decisions on such proposals and recommendations.

25. Performance of Duties During the Incapacity of an Office Holder

(1)In event of the incapacity of the Vice-Chancellor, the functions of the Vice-Chancellor, may be performed by—
(a)the Deputy Vice-Chancellor for Academic Affairs;
(b)the Deputy Vice-Chancellor for Finance, Planning and Administration in the event of simultaneous incapacity of the Vice-Chancellor and Deputy Vice-Chancellor for Academic Affairs;
(c)a member of the academic staff designated for that purpose by the Vice-Chancellor, in consultation with the Chancellor, in the event of simultaneous incapacity of the Vice-Chancellor, Deputy Vice-Chancellor Academic Affairs and the Deputy Vice-Chancellor for Finance, Planning and Administration.
(2)In the event of incapacity of a member of the staff of the University other than the Vice-Chancellor, the Vice-Chancellor may appoint a suitable person with the relevant training and experience, to perform the functions of the member during the incapacity.
(3)In this section, "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concerned.

26. The Alumni Association

(1)There shall be an Alumni Association of the University which shall consist of the graduates and such other persons as may be provided for in the Statutes.
(2)The Alumni Association shall have the right to meet and discuss any matter relating to the University and to transmit resolutions thereof to the Council and the Senate.
(3)The Alumni Association shall exercise such powers and functions as may be provided for in the Statutes.

Part V – FINANCIAL PROVISIONS

27. University Fiscal Year

(1)The fiscal 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 fiscal year and for the transition from the old fiscal year to the new fiscal year, consequent upon the changes, the transitional period, whether more or less than twelve months, shall be deemed, for the purposes of this Charter, to be a fiscal year.

28. Sources of University Funds

The funds of the University shall be derived from—
(a)academic fees;
(b)boarding and catering charges;
(c)endowments, gifts and trusts;
(d)income from University auxilliary enterprises and investments;
(e)such other sources as the University may from time to time identify.

29. Investment of University Funds

(1)The Council may invest any of the funds of the University in securities, bonds, trusts etc., in which for the time being, the Council may by law invest, or in such manner as the Council may from time to time approve for the purpose.
(2)The Council may place on deposit with such banks or financial institutions, as it may determine, any funds not immediately required for use by the University.
(3)The Council may create or appoint other corporate bodies to manage its investments, pensions, provident funds, properties, etc.

30. University Annual Budget

(1)Four months before the commencement of a fiscal year, the Council shall cause to be prepared an annual budget of estimates of revenue and expenditure of the University for that year.
(2)The budget shall make provision for all the estimated expenditure of the University for the fiscal year concerned, and in particular shall provide for:
(a)the payment of the salaries; allowances and other charges in respect of the staff of the University;
(b)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)the funding of the cost of institutional scholarships, teaching and research activities;
(d)the development of the physical plant;
(e)the proper maintenance of the buildings and grounds of the University;
(f)the proper maintenance repair and replacement of the equipment and other movable property of the University;
(g)the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Council may deem fit.
(3)The annual budget shall be approved by the Council at least three months before the commencement of the fiscal year to which it relates.
(4)No expenditure shall be incurred for the purposes of the University, except in accordance with subsection (3) above, or in pursuance of an authorization of the Council.

31. Accounts and Audit

(1)The Council shall cause to be kept, proper books and records of accounts of the income and expenditure, assets and liabilities of the University.
(2)The accounts of the University shall be audited annually by a reputable firm of auditors appointed by the Council.
(3)An auditor appointed under subsection (2) above, shall report directly to the Council.
(4)Within a period of three (3) months from the end of each fiscal year, the Vice-Chancellor shall submit to the Council audited accounts of the University.

Part VI – MISCELLANEOUS PROVISIONS

32. The Statutes

(1)In the performance of its functions under this Charter, the Council shall make Statutes generally for the policies, governance, 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 procedure and conduct and regulation of the affairs of the Council;
(b)the establishment of faculties, departments, institutes, schools and colleges of the University;
(c)the description of degrees;
(d)the conduct of examinations;
(e)the regulations for the award of degrees, diplomas and certificates;
(f)prescribing fees and boarding charges;
(g)determining the terms and conditions of service, including the appointment, dismissal and remuneration and retirement benefits of the staff of the University;
(h)the constitution and procedures of the meetings of the Council, the Senate, the Management Board and Committees of the Council, and other Standing Committees of the University;
(i)prescribing the rules and regulations for University staff, students and the Students Association;
(j)the composition and procedures of the meetings of the academic staff and Alumni Association;
(k)providing for or prescribing anything which under the Charter may be provided for or prescribed in 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 at that meeting, and at which not less than half of the total membership of the Council are present, provided that such statutes shall not be in contravention of any provision of this Charter.

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 the word "University" and the word "Daystar" unless the application for such registration is accompanied by the written consent of the Council.
(2)Any person who, except with written consent of the Council, uses the word "University" and the word "Daystar" in furtherance of, 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 ten thousand shillings, or imprisonment for a period not exceeding one month or to both such fine and imprisonment.
(3)Provided that nothing in this subsection shall be of any construed as preventing the "bona fide" use by any person title in pursuance of the grant to him of any degree, diploma or certificate of the University.
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22 December 2023 amendment not yet applied
31 December 2022 this version
21 October 1994
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