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The Charter for Scott Christian University

Legal Notice 536 of 1997

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The Charter for Scott Christian University
Citation
Legal Notice 536 of 1997
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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 SCOTT CHRISTIAN UNIVERSITY

LEGAL NOTICE 536 OF 1997

  • Published in Kenya Gazette Vol. XCIX—No. 57 on 21 November 1997
  • Commenced on 21 November 1997
  1. [Amended by Scott University Charter - Amendment (Legal Notice 147 of 2023) on 27 December 2022]
  2. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

SCHEDULE

CHARTERWHEREAS the Africa Inland Church, proprietors of Scott Theological College situated in the Republic of Kenya, wishes to establish an institution in the name of Scott Theological College;AND WHEREAS the said Scott Theological College 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 Scott Theological College, are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for Higher Education is also satisfied that Scott Theological College has complied with the provisions of the Act, and the Universities Rules, 1989 (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 Scott Theological College, 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 Scott Theological College.A Charter to provide for the establishment, control, governance and administration of Scott Theological College, and for connected purposes.

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the Scott Theological College Charter.

2. Interpretation

In this Charter, unless the context otherwise requires—"Academic Council" means the Academic Council of Scott Theological College established in accordance with Section 20(1);"Academic Staff" means persons defined as academic staff under Section 30(1);"Act" means the Universities Act (Cap. 210);"Administrative Staff" means persons defined as administrative staff under Section 30(2);"Alumni Association" means Alumni Association of Scott Theological College established under Section 33(1);"Annual Budget" means the annual budget of estimates of revenue and expenditure prepared under Section 37(1) in respect of any financial year;"Central Church Council" means the supreme governing body of the Africa Inland Church in Kenya, currently known as the Central Church Council;"Chairperson of the Governing Council" means the Chairperson of the Governing Council of Scott Theological College appointed under Section 17;"Charter" means Scott Theological College Charter;"Church", unless otherwise designated, means any Christian church recognizing Jesus Christ as the only Lord and Saviour and the Holy Scriptures of the Old and New Testament as the final authority in matters of faith and practice;"College" means Scott Theological College;"Dean of Students", means a person appointed as Dean of Students under Section 26;"Deputy Principal" means a person appointed as Deputy Principal under Section 23;"Director" means a person appointed as Director under Section 25;"Doctrinal Basis" means the Doctrinal Basis of the College as detailed in Section 7(a);"Executive Committee" means the Executive Committee of the Governing Council established under Section 19(1);"Finance Officer" means a person appointed as Finance Officer under Section 24;"Financial Year" means the financial year of Scott Theological College as determined under Section 34(1);"Governing Council" means the governing body of Scott Theological College established under Section 16(1);"Graduate" means a person upon whom a degree or other award has been conferred by Scott Theological College under the provisions of Section 11(1);"Institute" means an institute established by the College under Section 9(1)(b);"Management Board" means the Management Board established under Section 21;"Mission" means the Mission for which the College has been established under Section 5;"Objects" means the objects of the College as stated in Section 8;"Philosophy" means the statement of the philosophy of the College contained in Section 7;"Principal" means the person appointed by the Governing Council as Principal under Section 22;"Registrar" means the person appointed by the Governing Council as Registrar under Section 27;"Statutes" means the Statutes of Scott Theological College promulgated by the Governing Council under Section 40;"Student Council" means the body of students of the College established under Section 32;"Student" means a person registered as such by the College;"Supervisor of Field Education" means the person appointed by the Governing Council as Supervisor of Field Education under Section 29;"Treasurer" means the Treasurer of the Governing Council elected under Section 16(10)(d);"vice-Chairperson" means the vice-Chairperson of the Governing Council elected under Section 16(10)(b).

Part II – ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE

3. Establishment and Incorporation of Scott Theological College

(1)There is hereby established a College to be known as Scott Theological College which shall be constituted in accordance with the Charter.
(2)The College shall be a body corporate with perpetual succession and a common seal and shall in its corporate name be capable of—
(a)suing and being sued;
(b)taking, purchasing or otherwise acquiring, holding, charging and disposing of movable or immovable property;
(c)borrowing or lending money;
(d)entering into contracts;
(e)receiving bequests and gifts which shall be used for the purposes stated by the persons making such bequests and gifts;
(f)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.
(3)Scott Theological College is the successor to the unincorporated body known as Scott Theological College affiliated with Ontario Bible College, Ontario, Canada. Subject to the Charter, all rights, duties, obligations, assets and liabilities of the said unincorporated body existing at the commencement of this Charter shall be automatically and fully transferred to Scott Theological College in any contract or document shall for all purposes be deemed to be a reference to Scott Theological College as established under Section 3(1) of the Charter.

4. Type of Institution

(1)Scott Theological College shall be a training institution of the Africa Inland Church, which is the founder and sponsor of the College.
(2)The purpose of the College is to train divinely called Christian men and women in biblical knowledge, Christian character and effective skills for Christian ministry in order to serve the church and associated Christian ministries as pastors, teachers, evangelists, missionaries and other Christian workers.
(3)The College maintains the distinctives of being an institution that is Bible-based, church-related and having a theological position that is commonly identified as "conservative, evangelical" as stated in Section 6 and 7 of the Charter.

5. Mission of the College

The mission of the College shall be to glorify God by building the church through high quality programmes of education, training and research. This involves the training of divinely called Christian men and women in biblical knowledge, Christian character and effective ministry skills, in order to serve the church as pastors, teachers, evangelists, missionaries and other Christian workers; and to conduct research related to the growth and development of the Church and associated Christian ministries.

6. Distinctives of the College

Recognizing that the College is a training arm of the Africa Inland Church in Kenya, Scott Theological College maintains the following distinctives—
(a)The College is an institution devoted to a specific form of professional training to prepare students for Christian ministry, in accordance with the Philosophy and Objects of the College.
(b)The College is a Bible-based institution. Biblical values form the foundation for all aspects of the purpose, structure and programmes of the college. The selection of the students, lecturers, and administrators; requirements for graduation; lifestyle and expectations; determination of curriculum; and means of funding and development are based upon biblical standards. Hence candidates for admission as students or recruitment as lecturers or administrators are considered not only on the basis of meeting required academic standards, but also proven high moral and ethical standards resulting from acceptance of Jesus Christ as both Saviour and Lord. Rejection and/or dismissal of staff or students may result from failure to meet and/or maintain these standards.
(c)The College is a church-related institution. A theological college can only retain its true identity through an integral relationship with the churches that represent the Body of Christ here on earth. Hence, while the College may have many and varied relationships, none is more fundamental to its nature and mission than its relation-ship to the church. For this reason, the College has direct ties of authority and responsibility to the Africa Inland Church, its founder and sponsor.
(d)The College is not merely a Christian and a Protestant institution. It is fundamentally and unalterably committed to a distinctive theological position recognised as historical, evangelical orthodoxy. This means that the College affirms the absolute authority, inerrancy and reliability of Scripture, salvation by grace through faith in Jesus Christ alone and other articles in the Doctrinal Basis including the amplification of the Doctrinal Basis in the Statutes.

7. Philosophy of the College

Growing out of the Mission and Distinctives of the College, the following philosophy of life and conduct shall shape the education, training and research of the College—
(a)As a community of Christians who acknowledge Jesus Christ as Lord and Saviour, we affirm our belief in the following Doctrinal Basis of the College—
(i)The unity and Trinity of God, eternally existing in three coequal Persons, the Father, the Son and the Holy Spirit.
(ii)God the Creator and Preserver of all things, who created man, male and female, in His own image and gave them dominion over the earthly creation.
(iii)The deity and humanity of God the Son, the Lord Jesus Christ, who being very God, also became man, being begotten by the Holy Spirit, born of the Virgin Mary, was dead and buried, was raised bodily from the dead and ascended to the right hand of the Father; whose two natures continue eternally and inseparably joined together in one Person.
(iv)The deity and personality of God the Holy Spirit and the necessity of His work to make the death of Christ effective to the individual sinner, granting him repentance toward God and faith in the Lord Jesus Christ; and in His ministry dwelling permanently within and working through the believer for godly life and service.
(v)The divine and verbal inspiration and infallibility of the Scriptures of the Old and New Testaments as originally given and their absolute and final authority in all matters of faith and conduct.
(vi)The universal sinfulness and guilt of human nature since the fall, rendering man subject to God's wrath and condemnation.
(vii)The sacrificial death of our Representative and Substitute, the Lord Jesus Christ, the incarnate Son of God, by the shedding of whose blood atonement was made for the sin of the world whereby alone men are redeemed from the guilt, penalty and power of sin and death.
(viii)The necessity of the new birth as the work of God the Holy Spirit, that men are saved by grace through faith, not by works.
(ix)The eternal security of the believer, based entirely on the atoning work of the Lord Jesus Christ, whereby, as a born-again child of God, he has assurance of salvation and has the right to all the privileges of the sons of God.
(x)The maintenance of good works and obedience to the revealed will of God in life and service, through which eternal rewards shall be received.
(xi)The True Church, whose Head is the Lord Jesus Christ and whose members are all regenerate persons united to Christ and to one another by the baptism of the Holy Spirit.
(xii)The observance of the ordinances of Baptism and the Lord's Supper as appointed by the Lord Jesus Christ.
(xiii)The supreme mission of the church as being to glorify God and to preach the Gospel to every creature.
(xiv)The personal, visible return of the Lord Jesus christ:- to catch up the Church which is the Body of Christ — I Thessalonians 4:16,17;- to reign a thousand years — Revelation 20:6.
(xv)The literal resurrection of the body. The physical resurrection of all people.
(xvi)The eternal blessedness of the saved and the eternal punishment of the lost.
(b)As a community of Christians who strive to grow into maturity in the knowledge of the Lord, we are committed to theological education which helps students to grow in the following dimensions of life—
(i)Growth in character, which involves a living relationship of faith and obedience to Jesus Christ, demonstrated through a godly lifestyle, conduct and attitude;
(ii)Growth in knowledge, including knowledge of the Word of God, a comprehensive grasp of theological truths and an awareness of contemporary culture and thought, all essential for effective ministry in the churches;
(iii)Growth in skills necessary for effective ministry including skills of preaching, teaching, evangelism and discipleship.

8. Objects of the College

The objects of the College shall be—
(a)to provide resources for university level education, either directly or in collaboration with other institutions of higher learning, for training Christian workers, especially pastors, teachers, evangelists, missionaries and other ministers of Jesus Christ;
(b)to conduct research and encourage the conduct of research on church related topics in order to help multiply, strengthen and renew the churches in Africa;
(c)to preserve, produce, process, transmit and disseminate knowledge pertaining to Christian thought and the churches in Africa;
(d)to foster and promote within the students and the churches of Africa, an African Christian world view, which is firmly rooted in the Scriptures and incarnated in African culture;
(e)to provide leadership in the development of African Christian thought, applying the biblical principles of Scripture and the contemporary cultural; social, religious, moral and political issues in Africa;
(f)to stimulate missionary and evangelistic interest and involvement among the students and churches;
(g)to promote the spiritual life of the students and churches through the study of Scripture and the exercise of prayer and worship;
(h)to train students in their character, knowledge and skills so that they will—
(i)demonstrate a living relationship of faith and obedience to God;
(ii)manifest a character that is exemplary before all men and consistent with the Word of God;
(iii)practice a lifestyle that is well balanced and integrated, spiritually, physically, intellectually and socially;
(iv)display a complete confidence in the authority and trustworthiness of Scripture;
(v)relate to members of the community of Christians in a manner that is mutually edifying;
(vi)demonstrate a practical working knowledge of Scripture; demonstrate a knowledge of biblical, historical and systematic theology and be able to relate this to other religions in Africa;
(vii)identify and apply lessons of church history relevant to the African churches today;
(viii)express the Christian faith through the perspective of contemporary African culture;
(ix)display a comprehensive worldview, relating biblical truth to other areas of life and learning;
(x)study the Scripture exegetically, interpreting the Word of God for himself/herself and applying it to the needs of the day;
(xi)communicate the Word of God through preaching, teaching and other media;
(xii)share the Gospel with people of diverse religious backgrounds, lead them to a personal faith in Jesus Christ and nurture them in the Word of God;
(xiii)manifest a missionary concern and an understanding of how to plant churches in other cultures where Christ is not known.

9. Functions of the College

(1)The functions of the College shall be—
(a)to provide and advance theological education to appropriately qualified candidates leading to the award of degrees, diplomas, certificates and such other qualifications as the Governing Council shall from time to time determine, and in so doing, contribute to the training of Christian workers needed in church related ministries;
(b)to provide such resources for university level education, training and research and for the establishment of departments, institutes and such other institutional arrangements as the Governing Council may determine for the purpose of enabling the College to fulfil its mission;
(c)to determine who may teach, what may be taught, how it may be taught and who may be taught in the College;
(d)to conduct examinations for, and grant degrees, diplomas, certificates and other awards of the College;
(e)to provide an atmosphere for the spiritual, intellectual and social development of the students;
(f)to play an effective role in the development and expansion of opportunities for those wishing to continue their theological education;
(g)to carry out such other functions as may be permitted and approved by the Governing Council.
(2)The College shall admit for study for degrees, diplomas, certificates and other awards of the College, such candidates as shall have been accepted by the Academic Council as having met the following qualifications—
(a)Academic qualifications as set out in the Statutes;
(b)Personal qualifications expected of those contemplating Christian ministry, including testimony of conversion and faith in Jesus Christ, a sense of call to the Christian ministry, active involvement in Christian witness and church service. There should be evidence of recognition of these qualities and approval by the Church;
(c)Acceptance of the College's Mission, Distinctives, and Philosophy.
(3)Where a limited number of places is available in any one year, the College, in its selection of students for admission, shall have regard to the priority needs of the churches which it serves, as expressed by those churches, and especially the priority needs of the Africa Inland Church, its founder and sponsor.
(4)Subject to subsection (3) above, the College shall be open to any student who, in the judgement of the Academic Council, meets the qualifications as stated in subsection (2) above without regard or preference to gender, ethnic origin, race or physical disability.

10. Academic affiliation

The College by decision of the Governing Council may enter into such academic affiliations, consistent with the Charter, for the purpose of advancement of the objects of the College.

11. Conferment of degrees, diplomas, certificates and other awards

(1)The College shall have power to confer degrees and grant diplomas, certificates or any other awards as may be provided for in the Statutes.
(2)The College may, in accordance with such conditions as it may prescribe, confer any degree, or award any academic distinction, as an honorary degree or academic distinction, to a person who has rendered distinguished service in the advancement of ecclesiastical or theological endeavours, or who has otherwise, in the opinion of the Governing Council, rendered himself worthy of the degree or academic distinction.
(3)The College may, under conditions it deems fit, award certificates, fellowships, scholarships, bursaries, prizes and other awards.

12. Withdrawal of degrees, diplomas, etc., in certain cases

The Governing Council in consultation with the Academic Council may withdraw any degree, diploma, certificate or other academic qualification conferred or granted under Section 11, if subsequent upon such conferment or grant the Governing Council is satisfied that—
(a)The conferment or grant was contrary to any regulation prescribed under section 40(1)(c);
(b)The qualification was obtained through fraudulent or other improper means.

Part III – MEMBERSHIP AND GOVERNANCE OF THE COLLEGE

13. Membership of the College

(1)The membership of the College shall be—
(a)Members of the Central Church Council;
(b)Chairperson of the Governing Council;
(c)Members of the Governing Council;
(d)Principal;
(e)Deputy Principals;
(f)Heads of Departments;
(g)Directors;
(h)Dean of Students;
(i)Registrar;
(j)Librarian;
(k)Supervisor of Field Education;
(l)Finance Officer;
(m)Academic staff;
(n)Students;
(o)Such members of the staff of the College or of any other body formally admitted into association with the College as the Governing Council may from time to time determine.
(2)Each member of the College shall—
(a)profess personal faith in Jesus Christ as Lord and Saviour;
(b)maintain a faithful testimony within the church;
(c)satisfy the Academic Council and the Governing Council of the genuine nature of his or her faith in Christ, through a life of faith and good works according to the Scripture;
(d)accept without reservation—
(i)the supreme authority of Scripture as God's Word, recognizing the divine, verbal inspiration of the Scriptures of the Old and New Testaments as originally given and their absolute and final authority in all matters of faith and conduct;
(ii)the humanity and deity of the Lord Jesus Christ who, being God the Son, eternally existing as God in coequality with the Spirit in divine Unity and Trinity, became man, being begotten of the Holy Spirit, born of the Virgin Mary for our salvation;
(iii)the universal sinfulness and guilt of human nature since the fall, rendering man subject to God's wrath and condemnation;
(iv)the sacrificial death of our Representative and Substitute, the Lord Jesus Christ, by the shedding of whose blood, atonement was made for the sin of the world whereby alone men are redeemed from the guilt, penalty and power of sin and death;
(v)the necessity of new birth as the work of God the Holy Spirit, that men are saved by grace through faith, not works.
(e)comply with the code of conduct and the Guide for Christian Living as specified in the Statutes.
(3)Members of the Governing Council shall, in addition, meet the requirements of Section 16(4) and members of the Academic Council Management Board, all academic staff and administrative staff shall meet the requirements of Section 30(3).

14. Governance of the College

The governance of the College shall be vested in the following persons and bodies—
(a)Central Church Council of the Africa Inland Church;
(b)Governing Council;
(c)Chairperson of the Governing Council;
(d)Academic Council;
(e)Management Board.

15. Central Church Council of the Africa Inland Church

The Central Church Council shall exercise the following control over the College—
(a)appoint members of the Governing Council as is provided for by Section 16(2)(e);
(b)appoint the Chairperson of the Governing Council;
(c)approve the appointment of the Principal by the Governing Council;
(d)monitor policies adopted for governing College practice to ensure their harmony with the Charter;
(e)ensure, through the Principal, that the Mission, Distinctives, Philosophy and Objects of the College, are upheld by all members of the College;
(f)undertake such other functions as may be provided for in the Statutes.

16. Governing Council

(1)There shall be a Governing Council which shall be the supreme governing body with full authority to formulate and enforce policies governing the operation of the College subject to the provisions of the Charter.
(2)The Governing Council shall consist of the following members—
(a)Chairperson of the Governing Council;
(b)Chairperson of the Central Church Council (ex officio);
(c)Principal (ex officio);
(d)Deputy Principals (ex officio);
(e)not less than ten and not more than fifteen members appointed by the Central Church Council as specified in the Statutes;
(f)not more than three persons co-opted by the Governing Council for special services. A co-pted member shall serve for not more than four years.
(3)With the exception of the appointment of the first members, members of the Governing Council appointed by the Central Church Council under subsection (2)(e) of this Section, shall be appointed for a term of four years with one half of the members retiring every two years. Members shall be eligible for appointment for no more than two consecutive terms. In the case of the appointment of the first members of the Governing Council under this subsection, one half shall be appointed for a four-year term and one half for a two-year term.
(4)Each member of the Governing Council upon appointment, re-appointment or co-option, and before taking his or her place on the Governing Council, shall state in writing unconditional acceptance of the Mission, Distinctives, Philosophy and Objects of the College.
(5)The Governing Council shall hold an annual meeting during each calendar year, on a date and at a place as decided by the Governing Council. At this annual meeting they shall approve the annual budget, among other business. At least one month's written notice of this meeting shall be given to members.
(6)Ordinary meetings of the Governing Council shall be convened at least three times each year as specified in the Statutes.
(7)A special meeting of the Governing Council shall be convened by the Chairperson when requested by a petition signed by one third or more of the members of the Governing Council, to deal with such business as is specified in the petition. At least two weeks written notice shall be given for a special meeting. Only the business specified in the petition calling for the meeting shall be dealt with at a special meeting.
(8)A quorum shall ordinarily consist of half the members of the Governing Council. A quorum of at least two thirds of the members shall be required to deal with any business declared by the Chairperson, or determined by a simple majority of members present, to be a matter of policy.
(9)At any meeting of the Governing Council, except in such special circumstances as may be prescribed in the Statutes, each member shall be entitled to one vote. The Chairperson shall be entitled to an original and to a casting vote.
(10)The officers of the Governing Council shall be—
(a)Chairperson, appointed by the Central Church Council;
(b)Vice-Chairperson, elected by the Governing Council from among its members;
(c)Secretary, who shall be the person holding the office of Principal of the College in accordance with the Charter and Statutes;
(d)Treasurer, elected by the Governing Council from among its members.
(11)The Vice-Chairperson shall be elected for a four-year term by a majority vote of the Governing Council at an annual meeting. In the event of a vacancy occurring before the term of office is expired, the Governing Council, by a majority vote at an ordinary meeting of the Governing Council, shall elect a replacement to hold office for the remainder of the term of office.
(12)The vice-Chairperson of the Governing Council shall perform such functions of the Chairperson of the Governing Council as are necessary to be performed during the absence or incapacity of the Chairperson.
(13)The Treasurer shall be elected for a four-year term by a majority vote of the Governing Council at an annual meeting. In the event of a vacancy occurring before the term of office expires, the Governing Council, by a majority vote at an ordinary meeting of the Governing Council, shall elect a replacement to hold office for the remainder of the term of office.
(14)The office of a member of the Governing Council shall become vacant—
(a)if, in the judgement of the Governing Council, he or she fails to comply with the Doctrinal Basis;
(b)if the member resigns his or her office by writing a letter addressed to the Principal;
(c)if the Governing Council is satisfied that a member is, by reason of physical or mental infirmity, or any other reason, unable to exercise the functions of the office;
(d)if the member fails to perform the duties of office without valid reason as determined by the Governing Council;
(e)if the member is guilty of gross misconduct as determined by the Governing Council;
(f)if the member is absent for more than three consecutive meetings of the Governing Council without having obtained leave of absence from the Governing Council;
(g)upon the member’s death.
(15)A two-thirds majority vote at a meeting attended by at least two-thirds of the membership of the Governing Council shall be required to pass a resolution declaring vacant, the office of a member of the Governing Council on the grounds stipulated in clauses (c), (d), or (e) of subsection (14) of this Section.
(16)In the event of a vacancy occurring among the members of the Governing Council appointed by the Central Church Council, the latter may appoint a person to fill the vacancy for the remainder of the term of the person originally appointed.
(17)The duties of the officers of the Governing Council are as specified in the Statutes and as may be amended from time to time.

17. Chairperson of the Governing Council

(1)The Central Church Council shall appoint a Chairperson of the Governing Council as specified in the Statutes.
(2)The Chairperson of the Governing Council shall be the presiding officer of the Governing Council with such powers, privileges and functions as are provided for in the Statutes.
(3)A person who is appointed Chairperson of the Governing Council, shall hold office for a period of four years, but shall be eligible for re-appointment subject to such terms and conditions as specified in the Statutes and as may be amended from time to time.

18. Functions of the Governing Council

(1)The Governing Council shall be the supreme governing body of the College responsible for developing and maintaining policies that ensure the fulfilment of the Mission of the College in harmony with its Philosophy, Distinctives and Objects and shall act and exercise all legal rights, powers and privileges of the College as is provided for in the Charter.
(2)Without prejudice to the generality of subsection (1), the Governing Council shall have power to—
(a)take such action as may be needed to maintain the distinctive evangelical character of the College as expressed in the Philosophy of the College;
(b)frame policies that will ensure the fulfilment of the Mission, Distinctives and Objects of the College;
(c)appoint the Principal, subject to the approval of the Central Church Council;
(d)appoint academic and administrative staff in consultation with the Principal and the Africa Inland Church, on such terms and conditions as are provided for in the Statutes;
(e)appoint, on the recommendation of the Principal, the Deputy Principals and such other officers as may be specified in the Statutes;
(f)appoint such committees as it deems desirable for the effective fulfilment of its function and, subject to the Charter and the Statutes, set the terms and conditions under which such committees shall operate;
(g)approve the courses of study to be followed in the College on the recommendation of the Academic Council and subject to the approval of the Commission for Higher Education;
(h)set and monitor the financial policy of the College;
(i)establish, in consultation with the Academic Council, policies for the admission of students, their physical and spiritual welfare, their maintenance, and their discipline;
(j)provide direction and approval for the expansion and development of the College;
(k)authorise academic affiliations in consultations with the Academic Council as is provided for by the Charter and the Statutes;
(l)subject to the approval of the Central Church Council, and in consultation with the Academic Council, establish such associations with other theological institutions, churches or other Christian organisations as will advance the interests of the College;
(m)as individual members of the Body of Christ, assume the responsibility of supporting the College, making known the needs of the College and assisting in identifying students for the College;
(n)receive on behalf of the College donations, endowments, gifts, grants or other monies and make disbursements thereof;
(o)direct the raising and securing of financial support for the College in a manner (p) consistent with the Charter;
(p)approve the annual budget;
(q)set rates of College fees and charges;
(r)create College scholarships, bursaries and other awards and to determine in consultation with the Academic Council, the conditions and modalities to govern them;
(s)establish, in consultation with the Academic Council and with the approval of the Commission for Higher Education, institutes, departments, faculties, schools and programmes of study or research;
(t)establish, in consultation with the Academic Council, policies governing the conduct and discipline of the staff of the College;
(u)nominate, in consultation with the Academic Council, persons for appointment to the Governing Council by the Central Church Council.
(3)The Governing Council may delegate any of its powers to the Academic Council, or to committees of the Governing Council consisting of such members as it may deem fit. In the exercise of such delegated powers, the Academic Council or committee shall comply with the Statutes, as well as any conditions that the Governing Council may impose and shall be at all times answerable to the Governing Council.
(4)The Governing Council may establish such advisory bodies as it deems fit to advise it in the exercise of its functions. Any such advisory body shall comply with the Statutes and any special conditions that the Governing Council may impose. It shall be answerable to the Governing Council at all times.

19. Executive Committee of the Governing Council

(1)There shall be an Executive Committee of the Governing Council which shall consist of—
(a)Chairperson of the Governing Council, as its Chairperson;
(b)Vice-Chairperson;
(c)Treasurer;
(d)Principal, as its secretary;
(e)Deputy Principals;
(f)Two other members elected by the Governing Council from among its own number;
(g)Such other persons as are specified in the Statutes.
(2)The duties of the Executive Committee shall be—
(a)act on behalf of the Governing Council on matters of policy as may be necessary between meetings of the Governing Council;
(b)ensure that the decisions of the Governing Council are implemented; initiate proposals on all matters related to the College, for Governing Council approval.
(3)A quorum shall consist of at least one-half of the members of the Executive Committee.
(4)All decisions of the Executive Committee shall be reported to the Governing Council at the earliest opportunity and shall be subject to review by the Governing Council.
(5)The Executive Committee shall be convened by the Chairperson in consultation with the Principal. Members shall be given as much notice as is practicable for all meetings of the Executive Committee.

20. Academic Council

(1)There shall be an Academic Council which shall consist of—
(a)Principal, as its Chairperson;
(b)Deputy Principal for Academic Affairs, as its Secretary;
(c)Deputy Principal for Administration;
(d)Heads of Departments;
(e)Directors;
(f)Dean of Students;
(g)Registrar;
(h)Librarian;
(i)Supervisor of Field Education;
(j)other members of the academic staff or other officers of the College as specified in the Statutes.
(2)The Academic Council shall have the following functions and exercise the followin powers in relation to the academic affairs of the College—
(a)make recommendations to the Governing Council on policies relating to the day to day functioning of the College, including the conduct and discipline of the students and staff of the College;
(b)promulgate such regulations as may be needed to ensure the implementation of policies enacted by the Governing Council;
(c)propose to the Governing Council for approval, short term and long ter academic plans and their modifications based on a continuous evaluation;
(d)develop, evaluate and propose to the Governing Council modifications in the educational and research programmes of the College consistent with the Mission, Distinctives, Philosophy and Objects of the College;
(e)appoint external examiners, on the recommendation of the academic departments;
(f)receive reports from external examiners and take such action on such reports as it deems appropriate;
(g)approve the academic calendar;
(h)promote and supervise the development of the library and the archives;
(i)prepare and implement plans for the professional development of academic staff;
(j)make proposals to the Governing Council for the enactment, amendment or repeal of Statutes on academic, disciplinary, social, and other policies affecting the well-being of the College or any of its members;
(k)receive reports on the operation of any aspect of the academic programmes of the College or related matters;
(l)receive and approve examination results;
(m)approve candidates for degrees, diplomas and other awards;
(n)resolve disputes on academic matters arising within the College, in accordance with the Charter and the Statutes, or, where a dispute concern matters of policy beyond its designated powers, to refer the matter to the Governing Council for resolution;
(o)evaluate academic programmes of the College and to be responsible for supervising the implementation and development of such programmes;
(p)recommend to the Governing Council appointments and promotions of academic staff;
(q)develop regulations, consistent with the Charter and Statutes, for the admission of students, progression to the next years of study, the award of degrees, diplomas and certificates;
(r)make submissions to the Governing Council on the financial requirements for the effective functioning of the College in its academic training, research and related activities;
(s)make and enforce regulations governing such matters as are within its powers in accordance with the Charter and the Statutes;
(t)administer scholarships; fellowships and other academic awards;
(u)appoint and delegate its powers, subject to the Charter and Statutes, to such committees and other bodies as are necessary for the achievement of the Objects of the College.

21. Management Board

(1)There shall be a Management Board of the College which shall consist of—
(a)The Principal, as it Chairperson;
(b)Deputy Principal for Administration, as its Secretary;
(c)Deputy Principal for Academic Affairs;
(d)Registrar;
(e)Finance Officer;
(f)not more than three persons co-opted by the Management Board;
(g)such other members as may be provided for by the Statutes.
(2)The Management Board shall have the following functions and duties in relation to the day-to-day management of the College—
(a)ensure efficient management of the personnel, facilities and finances of the College;
(b)plan for the development of the College's resources and facilities in close consultation with the Academic Council;
(c)be responsible for the preparation of the annual estimates of finance in close consultation with the Academic Council;
(d)recommend to the Academic Council and the Governing Council, management policies and strategies that will advance the objects of the College;
(e)Perform such other duties as may be prescribed in the Statutes from time to time.

Part IV – MANAGEMENT OF THE COLLEGE

22. Principal

(1)The Governing Council shall with the approval of the Central Church Council, appoint a Principal who shall be the Chief Executive and who in that capacity, shall be the academic and administrative head of the College.
(2)The Principal shall be appointed on such terms and conditions of service as may be determined by the Governing Council and prescribed in the Statutes and as may be amended from time to time.
(3)The Principal shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.

23. Deputy Principals

(1)The Governing Council, in consultation with the Principal, shall appoint a Deputy Principal for Academic Affairs and a Deputy Principal for Administration in accordance with the Statutes.
(2)Under the direction of the Principal, the Deputy Principal for Academic Affairs shall be responsible for the academic affairs of the College as may be prescribed in the Statutes.
(3)The Deputy Principal for Academic Affairs shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
(4)Under the direction of the Principal, the Deputy Principal for Administration shall be responsible for the general administration and planning of the College and shall have suc duties as may be prescribed in the Statutes.
(5)The Deputy Principal for Administration shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
(6)The Deputy Principals shall perform duties and hold office upon the terms and conditions specified in the Charter and Statutes.

24. Finance Officer

(1)The Governing Council, in consultation with the Principal, shall appoint a Finance Officer, who shall, under the direction of the Principal, be responsible for the financial management of the College.
(2)The Finance Officer shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
(3)The Finance Officer shall be appointed on such terms and conditions of service as may be determined by the Governing Council and prescribed in the Statutes as may be amended from time to time.

25. Directors

(1)In consultation with the Principal, the Governing Council shall appoint Directors for specific areas of College programmes considered significant as may be prescribed in the Statutes.
(2)A Director shall be appointed for a period of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
(3)Directors shall perform such duties and hold office upon such terms and conditions of service as may be prescribed in the Statutes.

26. Dean of Students

(1)In consultation with the Principal, the Governing Council shall appoint a Dean of Students on such terms and conditions of service as may be prescribed in the Statutes.
(2)Under the direction of the Deputy Principal for Academic Affairs, the Dean of Students shall be responsible for the spiritual, physical and social welfare of the students.
(3)The Dean of Students shall be appointed for a term of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.

27. Registrar

(1)In consultation with the Principal, the Governing Council shall appoint a Registrar on such terms and conditions of service as may be prescribed in the Statutes.
(2)Under the direction of the Deputy Principal for Academic Affairs, the Registrar shall be responsible for the maintenance of all student records.
(3)The Registrar shall be appointed for a term of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
(4)The Registrar shall perform such duties and hold office upon such terms and conditions of service as may be prescribed in the Statutes.

28. Librarian

(1)In consultation with the Principal, the Governing Council shall appoint a Librarian on such terms and conditions of service as may be prescribed in the Statutes.
(2)Under the direction of the Deputy Principal for Academic Affairs, the Librarian shall be responsible for the management and direction of the College library.
(3)The Librarian shall be appointed for a term of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
(4)The Librarian shall perform such duties and hold office upon such terms and conditions of service as may be prescribed in the Statutes.

29. Supervisor of Field Education

(1)In consultation with the Principal, the Governing Council shall appoint a Supervisor of Field Education on such terms and conditions of service as may be prescribed in the Statutes.
(2)The Supervisor of Field Education shall be responsible for the management, planning and direction of the field education programme as may be prescribed in the Statutes.
(3)The Supervisor of Field Education shall be appointed for a term of five years and shall be eligible for re-appointment for a further period as may be prescribed in the Statutes.
(4)The Supervisor of Field Education shall perform such duties and hold office upon such terms and conditions of service as may be prescribed in the Statutes.

30. Staff of the College

(1)The academic staff of the College shall consist of the Principal, the Deputy Principal for Academic Affairs, Heads of Departments, Librarian, Directors, Dean of Students, Supervisor of Field Education and all members of staff engaged in teaching and research.
(2)The administrative staff of the College shall consist of the Principal, the Deputy Principal for Administration, Registrar, Finance Officer, and such other administrative officers who by their terms of service are designated administrative staff.
(3)Each member of the academic staff, the administrative staff, the Academic Council and the Management Board shall affirm annually—
(a)his or her unreserved acceptance of the Doctrinal Basis and the amplification of the Doctrinal Basis as detailed in the Statutes, by signing the appropriate schedule to the Statutes. The Principal shall be responsible to ensure this is done and for reporting accordingly to the annual meeting of the Governing Council.
(b)notwithstanding clause (a) above, a person who has reservations on one or more points about the wording of the Doctrinal Basis or its amplification in the Statutes, may elect to sign an alternative form as is provided for by the Statutes, indicating a wholehearted acceptance of the Doctrinal Basis and its amplifications in the Statutes, excepting only for such reservations as are clearly stated. The Governing Council may, at its discretion, and after consultation with the Academic Council, accept this alternative form provided that—
(i)the stated reservation concerns only Section 7(a)(xiv) dealing with Doctrinal Basis together with any amplification of this clause in the Statutes; or
(ii)in the case of reservations that concern any other clause of Doctrinal Basis or its amplification in the Statutes, the Governing Council is satisfied that the stated reservation does not contradict or diminish the intended meaning of the Doctrinal Basis and does not compromise the College's Mission, Distinctives and Objects in matters of faith;
(iii)the person stating such reservations undertakes in writing that he or she will not use his or her position in the College, either directly or indirectly, to propagate any teaching that is contrary to the Doctrinal Basis.

31. Performance of duties during the incapacity of an office holder

In the event of the incapacity of an office holder, the following provisions shall be made—
(1)The duties and functions of the Principal shall be performed by one of the Deputy Principals appointed by the Governing Council. In the event that the Governing Council cannot meet, then the appointment shall be made by the Executive Committee. In the case of emergency, the Chairperson of the Governing Council, or in his absence, the vice-Chairperson, shall appoint one of the Deputy Principals to perform the duties of the Principal, subject to ratification by the Executive Committee.
(2)In the event of the simultaneous incapacity of the Principal and both Deputy Principals, the acting appointments shall be made by the Chairperson of the Governing Council, in consultation with the Central Church Council.
(3)In the event of the incapacity of any other office holder, other than the Principal, the appointments shall be done by the Principal, subject to reporting his action to the Governing Council.
(4)In this Section, "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concerned. "Incapacity" may be for long periods or short periods as defined in the Statutes.

32. Student Council

(1)There shall be a Student Council, elected annually by the student body as is provided for in the Statutes.
(2)The functions of the Student Council shall be—
(a)to oversee and plan, in consultation with the Academic Council, student activities that promote the spiritual and social well-being of all students;
(b)to promote harmonious communal life among the students, encouraging them to care for one another, by example as well as by word, looking to the interests of others rather than their own;
(c)to draw to the attention of the appropriate authority, where necessary, special needs of particular students;
(d)to offer suggestions to the Academic Council on matters affecting the well being of students.
(3)The Student Council shall be subject to the authority of the Principal and the Academic Council in all matters.

33. Alumni Association

(1)There shall be an Alumni Association of the College 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 College and to transmit resolutions thereon to the Academic Council through the Principal. If not satisfied with the response of the Academic Council, the Alumni Association may subsequently transmit a resolution to the Governing Council, after having advised the Academic Council through the Principal of its intention to do so.
(3)The Alumni Association shall exercise such other powers and functions as may be provided for in the Statutes.

Part V – FINANCIAL PROVISIONS

34. College Financial Year

(1)The financial year of the College shall be the period of twelve months commencing on such day in each year as the Governing Council may determine.
(2)In the event of any change in the financial year, and for the purposes of the transition from the old fmancial 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 the Charter to be a financial year.

35. Sources of College Funds

The College is a non-profit educational institution, which continually seeks God for the provision of its needs. The College neither seeks, nor accepts, any funds which would be for any purpose contrary to the Mission, Distinctives and Philosophy of the College.Subject to the above provisions, the funds of the College shall be derived from—
(a)academic fees;
(b)boarding and catering charges;
(c)endowments, gifts and trusts;
(d)income from College auxiliary enterprises and investments;
(e)such other sources as the College may from time to time identify.

36. Investment of College funds

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

37. Annual Budget

(1)Three months before the commencement of a financial year, the Governing Council shall cause to be prepared an annual budget of estimates of revenue and expenditure of the College for that financial year.
(2)The annual budget shall make provision for all the estimated expenditure of the College for the financial year concerned, and in particular shall provide for—
(a)payment of salaries, allowances and other charges in respect of the staff of the College;
(b)payment of any pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the College;
(c)funding of the cost of teaching, research and extension activities of the College;
(d)funding of the cost of scholarships payable out of the funds of the College;
(e)funding of the development of buildings and other physical plants;
(f)proper maintenance of the buildings and grounds of the College;
(g)maintenance, repair and replacement of the equipment and other property of the College.
(3)The annual budget shall be approved by the Governing Council before the commencement of the financial year.
(4)No expenditure shall be incurred for the purposes of the College, except in accordance with the annual estimates approved under subsection (3) above, or in pursuance of an authorisation of the Governing Council.

38. Accounts and Audit

(1)The Governing Council shall cause to be kept proper books and records of accounts of the income and expenditure, assets and liabilities of the College.
(2)The accounts of the College shall be audited annually by a reputable firm of auditors appointed by the Governing Council.
(3)Within a period of three (3) months from the end of each financial year, the Principal shall submit to the Governing Council audited accounts of the College.

Part VI – MISCELLANEOUS PROVISIONS

39. The Common Seal and the Signification of Documents

(1)The common seal shall be kept in such custody as the Governing Council may direct and shall be used upon the order and direction of the Governing Council.
(2)The common seal shall be authenticated by the signature of the Principal, or of any other member of the Governing Council duly authorised by the Governing Council in that behalf, and one of the Deputy Principals.
(3)The common seal 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 authorisation of the Governing Council under this Section shall be presumed to have been duly given.
(4)All documents other than those required by law to be under seal, made on behalf of the Governing Council, and all decisions of the Governing Council may be signified under the hand of the Chairperson and the Principal or a Deputy Principal or any other member of the Governing Council duly authorised by the Governing Council in that behalf.

40. Statutes

(1)In the performance of its functions under the Charter, the Governing Council shall, subject to the Universities Act, make Statutes generally as required for the governance, control, and administration of the College, for the better carrying into effect of the purposes of the Charter, and for all purposes connected therewith, and in particular for—
(a)the regulation, procedure and conduct of the affairs of the Governing Council;
(b)the establishment of departments and institutes of the College;
(c)the regulations for awarding degrees, diplomas, certificates and other academic awards;
(d)the conduct of examinations;
(e)prescribing fees and boarding charges;
(f)determining the terms and conditions of service, including appointments, dismissals, remuneration and other benefits, of members of the staff of the College;
(g)the constitution and procedures of the meetings of the Governing Council, the Academic Council, the Management Board, the Executive Committee, and other committees of the Governing Council and the College;
(h)prescribing rules and regulations for the College staff, students and the Student Council;
(i)prescribing procedures, requirements, and responsibilities relating to staff positions;
(j)the composition and procedures of meetings of the Alumni Association;
(k)providing for or prescribing anything which, under the Charter, may be provided for or prescribed by the Statutes.
(2)No Statute shall be valid if it contravenes or is in conflict with any provision of the Charter.
(3)Notwithstanding the provisions of subsection (1) above, the Governing Council shall not make, amend, or revoke any Statutes relating to the functions or privileges of any officer or office established in the College without first ascertaining the opinion of the Academic Council.
(4)Statutes shall only be made by a resolution passed at one meeting of the Governing Council by at least three-quarters of the total membership of the Governing Council, and confirmed at a subsequent meeting not less than one, nor more than twelve months thereafter.
(5)The Governing Council may amend or revoke the Statutes on the vote of a three-fourths majority of those present and voting at a meeting of the Governing Council of which notice has been given in accordance with subsection (6) of this Section, such majority being not less than half of the total membership of the Governing Council.
(6)Notice of any proposed amendment to the Statutes shall be given in writing to all members of the Governing Council at least six months prior to its consideration by the Governing Council. The notice shall specify the time and place of the meeting of the Governing Council at which the proposed change is to be considered.

41. 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 words "Theological College", the word "Scott", unless the application for such registration is accompanied by the written consent of the Governing Council.
(2)Any person, who except with the written consent of the Governing Council, uses the words “Theological College” together with the word “Scott” 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 twenty thousand shillings or to imprisonment for a period not exceeding six months or to both such fine and imprisonment:Provided that nothing in this subsection shall be construed as preventing the bonafide use by any person of any title in pursuance of the grant to him of any degree, diploma, or certificate of the College.

42. Variation and Revocation

This Charter may be varied or revoked in accordance with section 16 of the Universities Act.
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History of this document

31 December 2022 this version
27 December 2022
21 November 1997
Published in Kenya Gazette 57
Commenced
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