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The Charter to Establish United States International University

Legal Notice 181 of 1999

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The Charter to Establish United States International University
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Legal Notice 181 of 1999
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Universities Act
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Legal Notice
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LAWS OF KENYA

UNIVERSITIES ACT

THE CHARTER TO ESTABLISH UNITED STATES INTERNATIONAL UNIVERSITY

LEGAL NOTICE 181 OF 1999

  • Published in Kenya Gazette Vol. CI—No. 82 on 10 December 1999
  • Commenced on 10 December 1999
  1. [Amended by Charter to Establish United States International University - Amendment (Legal Notice 51 of 2021) on 16 April 2021]
  2. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

SCHEDULE

WHEREAS the United States International University, San Diego, California, U.S.A., the proprietors of United States International University, situated in the Republic of Kenya, wishes to establish an institution in the name of United States International University;AND WHEREAS the said United States International University has applied to the Commission for Higher Education for the grant of 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 United States International University are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for Higher Education is also satisfied that the United States International University has complied with the provisions of the Act, and the Universities Rules, 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 Cabinet Secretary is satisfied that United States International 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, grant the charter annexed to United States International University.

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the United States International University Charter.

2. Interpretation

In this Charter—"Academic employees" means all employees on academic terms of service and includes faculty;"Act" means the Universities Act (Cap. 210);"Board" means the Board of Directors of USIU established under section 11;"Chancellor" means the Chancellor of USIU referred to in section 12;"Charter" means the Charter of USIU;"Commission" means the Commission of Higher Education, which is the accrediting body for higher education institutions in Kenya, established by the Universities Act (Cap. 210);"Faculty" means all teaching staff of USIU;"Faculty Senate" means the institution established under section 13;"Satellite Campus" means an extension centre established by USIU after approval of the Board and the Commission;"Statutes" means the operating rules and procedures enacted by the Board for the governance of USIU;"Student" means the person registered for the purpose of obtaining a qualification of USIU;"Student Affairs Council" means the institution established under section 16;"Trustees" means the Board of Trustees established under section 10;"USIU" means the United States International University established under section 3;"Vice-Chancellor" means the chief academic and administrative officer of USIU as is established under section 18.

Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

3. Establishment and Incorporation of United States International University

(1)There is established a university to be known as United States International University, hereinafter referred to as USIU, which shall be constituted in accordance with this Charter.
(2)The USIU shall, through the Board and in consonance with this Charter, exercise overall responsibility over its governance and future development.
(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)entering into contract with the Government of Kenya, other institutions and individuals.
(e)receiving bequests and gifts which shall be used only for the purposes stated by the person or persons making such bequests or gifts; and
(f)doing or performing all such other transactions or acts for the furtherance of the provisions of this Charter, which may be lawfully done or performed by a body corporate.
(4)Upon the coming into effect of this Charter the agreement of January, 1970, executed between USIU on the one part and the Government of the Republic of Kenya on the other part shall cease to have effect:Provided that any rights and liabilities accruing thereunder shall continue to have full force and effect to the extent consistent with this Charter to bind USIU and the said Government, respectively.
(5)The business and property of the body corporate shall be managed and controlled by the Board, who shall exercise all the powers of the body corporate as may be provided by this Charter or permitted by applicable law in Kenya.

4. Mission, Philosophy and Objectives

(1)The University’s philosophy is based on the concept of global understanding and co-operation through education. As such, its mission is to promote the discovery and application of knowledge, the acquisition of skills, and the development of intellect and character in a manner, which prepares students to contribute effectively and ethically as citizens of a changing and increasingly technological world.
(2)The mission is achieved through selected high quality under-graduate and graduate programmes that result in the following objectives:
(a)Higher Order Thinking – The ability to collect, analyse, and evaluate information and to formulate conclusions. Students develop and demonstrate the ability to think critically, analytically, and creatively through active participation in learning, qualitative and quantitative analysis and research.
(b)Literacy - Competence in oral, written, quantitative, and technological skills. Students develop and demonstrate competence in oral and written communication as well as scientific, quantitative and technological literacy through written and verbal assessments
(c)Global Understanding and Multicultural Perspective - Awareness, knowledge and appreciation of both the diversity and commonality of cultures. Students acquire these perspectives through formal study of language, history, literature, and the arts through working, study and living co-operatively in a racially, ethically and culturally diverse environment. Further, students acquire an understanding of economic, historical, political, geographical and environmental relationships on a global basis.
(d)Preparedness for Career - Mastery of a field of knowledge and its multicultural and multinational application. Such mastery is accomplished through both formal study and various experiential forms of learning such as internships and field experiences. As part of their growth and development, students formulate and articulate the ethical standards which will guide their professional and personal lives.
(e)Community service – A sense of being a part of a community and desire to be service to it. Students are given opportunities to participate in community service, citizenship, or social action projects or activities.
(3)This mission is carried out in an environment which encourages intellectual and scholarly development; fosters an openness to a wide range of ideas, cultures and people; and enhances personal growth.

5. Functions

(1)The functions of USIU shall be—
(a)to establish and maintain an educational institution offering courses of instruction beyond secondary schools and conduct courses of study, laboratory school, extension courses and ancillary services as found in universities;
(b)to determine the qualifications and eligibly of persons from the Republic of Kenya or elsewhere for baccalaureate and graduate studies;
(c)to determine who may teach, what may be taught and how it may be taught;
(d)to conduct examinations for, and to grant degrees, diplomas and other awards of USIU and its seal pursuant to approval of the Board;
(e)to provide adequate equipment and facilities for a high quality education, such as library resources, laboratories, research facilities, classrooms and buildings to support various curricula;
(f)to formulate rules and procedures for execution of USIU’s programmes and plans which have been approved by the Board;
(g)to divide the courses of instruction of USIU into departments, divisions, schools or colleges for the better presentation of specialized subject matter to students;
(h)to maintain a record of its proceedings;
(i)to revise or discontinue existing programmes as well as to examine and approve proposals for colleges, schools, departments, degree courses or subjects of study subject to necessary review by appropriate academic committees and approval by the Chancellor, the Board and the Commission for Higher Education; and
(j)to establish academic linkages.
(2)USIU shall be open to any student irrespective of background, nationality, race, religion, sex or socio-economic status who desires a high quality education, meets the criteria for admission as established by the University, and who is willing to co-operate with the policies of USIU and be comfortable within its atmosphere.
(3)USIU may, with the approval of the Board and the Commission, establish satellite campuses. Satellite campuses are subject to the direction and supervision of USIU and the Board.

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

Subject to the provisions of this Charter, USIU shall have power to—
(a)confer the degrees of bachelor, master, doctor and such other degrees as may be provided for in the statutes following approval by the Board and the Commission;
(b)grant diplomas, certificates and other awards;
(c)confer an honorary degree or academic distinction which the University may wish to confer or award upon a person who has rendered distinguished service in the advancement of any branch of learning or cultural accomplishment or who has otherwise rendered himself worthy of such a degree or academic distinction; and
(d)revoke the degree of bachelor, master, doctor and such other degrees and awards as may be provided for in the statutes for appropriate reasons upon approval of the Board.

7. The Common Seal

(1)The common seal of USIU shall be kept in such custody as the Board may direct and shall be used upon the order and direction of the Board, the Chancellor or the Vice-Chancellor.
(2)The common seal of USIU shall be authenticated by the signature of the Chancellor, the Vice-Chancellor or a nominee of the Chancellor.
(3)The common seal of USIU when affixed to any document and duly authenticated as provided for under this section shall be judicially and officially noticed and, unless and until the contrary is proved, any necessary order or authorization of the Board or the Chancellor under this section shall be presumed to have been duly given.

8. Membership

The members of the University shall be—
(a)the Trustees;
(b)the Board of Directors;
(c)the Chancellor;
(d)the Vice-Chancellor;
(e)the Deputy Vice-Chancellor for Academic Affairs;
(f)the Deputy Vice-Chancellor for Finance and Administration;
(g)the Deputy Vice-Chancellor for Institutional Development;
(h)the Deputy Vice-Chancellor for Student Affairs;
(i)the Academic Dean of each School or College;
(j)the Faculty of the University;
(k)the Librarian;
(l)the Students; and
(m)such other members of staff of the University, the alumni, or any other body formally admitted into association with the University.

9. Governance

The governance of the University shall be vested in the following persons and bodies—
(a)the Trustees;
(b)the Board of Directors;
(c)the Chancellor;
(d)the Vice-Chancellor;
(e)the Management Council;
(f)the Faculty Senate:
(g)the Student Affairs Council; and
(h)the Staff Council

10. The Trustees

(1)USIU shall have a Board of Trustees consisting of all members of the Board of Trustees of the University known as the United States International University being a company incorporated with limited liability in accordance with sections 5110 and 5111 of the Corporations Code of the State of California in the United States of America.
(2)The Trustees shall from time to time appoint a Board of Directors to exercise powers specified in section 11 of this Charter.
(3)The Board of Trustees shall be incorporated and registered under the Trustees (Perpetual Succession) Act (Cap. 164).Provided that the Board of Trustees shall not exercise any of its functions under this Charter unless it is, and continues to be, so registered.

11. The Board of Directors

(1)There shall be a Board of Directors consisting of at least seven, and at most fifteen members, one third of whom shall be residents of Kenya.
(2)The Chancellor and the Vice-Chancellor of the University shall be ex officio members of the Board.
(3)Board members shall be appointed by the Trustees and shall serve for a term of three (3) years and shall then retire but shall be eligible for re-election.
(4)Officers of the Board will include a Chairperson, and vice-Chairperson, who shall be elected for annual terms by the Board from among the Board and may be re-elected at the expiry of their term of office. Elections will be held at the official annual meeting of the Board.
(5)The Board may, by statutes, establish such as committees as are necessary for the efficient discharge of the education functions of the University.
(6)In lieu of committees, the Board shall act as a committee of the whole.
(7)In addition to the annual meeting which shah he held in Nairobi at a time and place determined by the Board, the Board may meet at other times upon request by the Chairperson. The specific time and place of the meetings will be determined by the Chairperson with the concurrence of a majority of the Board members. Meetings may be conducted by means of electronic communications if a quorum is present and the members may hear each other.
(8)The quorum necessary for the transaction of the business of the board shall be a simple majority.
(9)The Chairperson of the Faculty Senate, Staff Council, Student Affairs Council, and Alumni Association may attend Board meetings and be on the agenda for the purpose of reporting to the Board the activities and interests of their respective organizations. The Board may, however, go into executive session when, in their judgement, that is necessary. The Chairperson will not participate in the executive sessions.
(10)The Board of Directors shall have and exercise the following functions—
(a)be responsible for the quality and integrity of the University;
(b)establishing broad institutional policies and delegating the implementation and management of such policies to the administration;
(c)approval of the University’s mission and academic programmes;
(d)approval of an annual budget for the University;
(e)assuring that the type, and level of degrees offered are consistent with institutional purpose and are of satisfactory quality;
(f)selection of an external audit firm and review of the annual fiscal audit of the University by such firm;
(g)approving faculty recommended by the Vice-Chancellor for tenure;
(h)acting as the final appeal body for any tenured faculty member who is terminated from the University for cause;
(i)approval, upon recommendation of the Vice-Chancellor, of terms and conditions of service of employees of USIU; and
(j)approval, upon recommendation of the Chancellor, of the terms and conditions of service of the Vice-Chancellor.

Part III – MEMBERSHIP OF THE UNIVERSITY

12. The Chancellor

The Chancellor shall be appointed by the Board of the Trustees of USIU and shall also serve as the Chief Executive "(officer)" of the University responsible for its overall management subject to the terms of service set out by the Board.

13. The Faculty Senate

(1)There shall be a Faculty Senate of the University which shall consist of all members of the academic staff.
(2)The Faculty Senate shall have and exercise the following functions—
(a)oversee all the academic programmes, quality and character of the institution and continuously review academic policy and performance;
(b)conduct periodic reviews of the financial policies of the University and formulate recommendations for the Vice-Chancellor as to their adequacy in support of the educational needs of the institution;
(c)review any changes by the Vice-Chancellor or the Board of Directors in the educational and financial policies of the University;
(d)promote the general welfare of the University, its students, staff and faculty;
(e)assure a sense of responsibility among the faculty for maintaining a superior level of instruction, research and professional activities;
(f)address academic and instructional issues within the framework of the University’s educational direction and policy;
(g)conduct studies and make recommendations on matters oh policy and procedure pertaining to the faculty.
(3)The members of the Faculty Senate shall elect an executive committee from among its members to include a chairperson, vice-chairperson, secretary and treasurer.
(4)The Faculty Senate shall have the right to meet and discuss any academic matters relating to the University and to transmit any resolutions to the Vice-Chancellor.
(5)The following shall be the Standing Committees of the Faculty—
(a)Academic and Research;
(b)Personnel;
(c)Grievance;
(d)Planning and Policy;
(e)Budget and Finance;
(f)Ethics;
(g)Student Life and Activities; and
(h)Administrative Performance Evaluation.
(6)The Faculty Senate shall meet at least once a month.

14. The Management council

(1)There shall be a Management Council consisting of the Vice-Chancellor, who shall be the chairperson: the Deputy Vice-Chancellor for Academic Affairs; the Deputy Vice-Chancellor, for Finance and Administration, the Deputy Vice-Chancellor for Institutional Development, the Deputy Vice-Chancellor for Student Affairs and any other senior officers appointed to the Management Council by the Vice-Chancellor in consultation with the Chancellor.
(2)The Management Council shall manage the day-to-day operations of the University and shall—
(a)ensure efficient management of the personnel, programmes, facilities and finances of the University;
(b)plan for the development and the needs of the University;
(c)prepare the annual plans and budgets for submission to the Chancellor and the Board;
(d)develop strategies for generation of revenue and fund raising to secure adequate financial support for the University;
(e)implement rules and regulations governing the conduct and behaviour of students and staff of the University; and
(f)perform any other functions or duties as may be prescribed by the Vice-Chancellor.

15. The Staff Council

(1)There shall be a Staff Council of the University which shall consist of all non-academic employees of the University except the senior management staff.
(2)The members of the Staff Council shall elect an Executive Committee from among its members, to include a chairperson, vice-chairperson, secretary and treasurer.
(3)The Staff Council shall have the right to meet and discuss any staff matters relating to the University and to transmit any resolutions to the Vice-Chancellor.

16. The Student Affairs Council

(1)There shall be a Student Affairs Council of the University which shall consist of all students and other such persons as may be provided by its Constitution subject to the approval of the Chancellor and the Board upon recommendation of the Vice-Chancellor.
(2)The members of the Student Affairs Council shall elect an Executive Committee from among its members, to include a Chairperson, Vice-Chairperson, Secretary and Treasurer.
(3)The Student Affairs Council shall have the right to meet and discuss any student matters relating to the University and to transmit any resolutions to the Vice-Chancellor.
(4)The Student Affairs Council shall represent students on social and academic issues,and shall exercise its powers and functions as may be provided for in its Constitution.
(5)The Standing Committees of the Student Affairs Council are—
(a)Academic Committee; and
(b)Welfare Committee.
(6)Meetings of the Council shall be determined by the Executive Committee of the Student Affairs Council.

17. The Alumni Association

(1)There shall be an Alumni Association of the University which shall consist of all the graduates and such other persons as may be provided for in its constitution.
(2)The members of the Alumni Association shall elect an Executive Committee from among its members to include a chairperson, vice-chairperson, secretary and treasurer.
(3)The Alumni Association shall have the right to meet and discuss any matters relating to the University and to transmit any resolutions to the Vice-Chancellor.
(4)The Alumni Association shall exercise such powers and functions as may be provided for in its constitution which powers and functions shall include—
(a)bringing together graduates and former students of the University;
(b)planning non-political, social and education activities;
(c)engaging in fund raising activities to assist the University and its students;
(d)assisting in the development of the University and community at large;
(e)promoting the University’s welfare, image and academic standards;
(f)promoting co-operation between the University and industry in general;
(g)promoting academic and professional excellence;
(h)providing services and developing skills usable by a graduate of the University to further his or her career; and
(i)forming branches.
(5)Meetings of the Alumni Association shall be held annually or as determined by the Executive Committee of the Association.

18. Senate

(1)There shall be a Vice-Chancellor of USIU who shall be appointed by the Board upon recommendation of the Chancellor and who shall serve in accordance with the terms of service set by the Board upon recommendation by the Chancellor.
(2)The Vice-Chancellor shall—
(a)direct, promote and co-ordinate all the activities of the University;
(b)serve as the secretary to the Board:
(c)act as the representative of the University and be its spokesperson in its external relations;
(d)assume administrative responsibility for the day-to-day running of the University and its management;
(e)have the authority to hire, discharge and fix salaries of all employees based on recommendations of appropriately established University committees within the overall budget by the Board on recommendation by the Chancellor, except that the Chancellor and the Board will be consulted and must grant approval of the appointment and salaries of Deputy Vice Chancellors and before any individual on the academic staff can be granted tenure; and
(f)recommend to the Board through the Chancellor the rates for tuition, room and board following consultation with the Management Council.

19. The Deputy Vice-Chancellor for Academic Affairs

(1)The Deputy Vice-Chancellor for Academic Affairs shall be appointed by the Vice-Chancellor, after consultation with an appropriately established University committee and approval of the Board upon recommendation of the Chancellor, to head the academic division of the University.
(2)The Deputy Vice-Chancellor for Academic Affairs shall report to the Vice-Chancellor and shall oversee all academic programmes and academic staff.

20. The Deputy Vice-Chancellor for Institutional Development

(1)The Deputy Vice-Chancellor for Institutional Development shall be appointed by the Vice-Chancellor, after consultation with an appropriately established University committee and approval of the Board upon recommendation of the Chancellor, to head the development division of the University.
(2)The Deputy Vice-Chancellor for Institutional Development shall report to the Vice-Chancellor and shall oversee all income generating projects and development activities.

21. The Deputy Vice-Chancellor for Finance and Administration

(1)The Deputy Vice-Chancellor for Finance and Administration shall be appointed by the Vice-Chancellor, after consultation with an appropriately established University committee and approval of the Board upon recommendation of the Chancellor, to head the division of finance and administration.
(2)The Deputy Vice-Chancellor for Finance and Administration shall report to the Vice-Chancellor and shall be the chief financial officer of the University.

22. The Deputy Vice Chancellor for Student Affairs

(1)The Deputy Vice-Chancellor for Student Affairs shall be appointed by the Vice-Chancellor, after consultation with an appropriately established University committee and approval of the Board upon recommendation of the Chancellor, to head the student affairs division of the University.
(2)The Deputy Vice-Chancellor for Student Affairs shall report to the Vice-Chancellor and shall oversee all non-academic student related matters excluding finance.

23. Performance of Duties during the Incapacity of the Vice-Chancellor and other Senior Managers

(1)In the event of the incapacity of the Vice-Chancellor, the functions of the Vice-Chancellor may be performed by one of the Deputy Vice-Chancellors as shall be designated by the Chancellor.
(2)In the event of incapacity of a Deputy Vice-Chancellor or other member of the staff, 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)Incapacity" means absence from Kenya or the inability for any other reason to perform the functions of the office held.

Part V – FINANCIAL PROVISIONS

24. Financial Year, Audit and Budget

(1)The financial year of the University shall be the period of twelve months commencing on such day in each year as the Board may determine.
(2)In the event of any change in the financial year and for the purposes of the transition from the old financial year to a new Financial year, consequent upon the change, the transitional period, whether more or less than twelve months, shall be deemed for purposes of this Charter to be a fiscal year.
(3)The Vice-Chancellor shall submit a proposed budget to the Chancellor two (2) months before the start of each financial year. After review, the Chancellor will recommend a budget for consideration and approval of the Board.
(4)USIU shall submit monthly financial reports to the Board.
(5)The accounts of USIU shall be audited by an auditor appointed by the Board.
(6)Within a period of six months after the end of the financial year, the auditor shall report the examination and audit of the accounts USIU to the Board.

25. Funds and Resources

The funds and resources of the University may be derived from the following sources:
(a)endowments, gifts and trusts;
(b)tuition and fees;
(c)income from the University’s auxiliary enterprises and investments; and
(d)such other sources as the University ma from time to time identify.

Part VI – MISCELLANEOUS PROVISIONS

26. Performance of Duties during the Incapacity of an Office Bearer

(1)The Board of Directors shall have power, subject to the provisions of the Act and this Charter, to snake statutes, generally for the governance, control and administration of the University, for the better carrying into effect of the purposes of this Charter, and for all purposes connected therewith, and in particular for—
(a)the establishment of colleges, institutes and schools of the University;
(b)the description of degrees, diplomas, certificates and other awards;
(c)prescribing fees and other charges;
(d)the determination of the terms and conditions of service including the appointment dismissal remuneration and retiring benefits of the employees of the University;
(e)prescribing the rules and regulations for the students’ organizations;
(f)providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the statutes.
(2)Statutes shall only be made by a resolution passed at one meeting of the Board supported by a majority of not less than two-thirds of the members present and voting being not less than half of the total membership of the Board.

27. Protection of Name

(1)Notwithstanding the provisions of any other written law, no public officer performing the functions relating to tire registration of companies or business names shall accept for such registration any name which includes together with the word University", the words "United States International" unless the application for such registration is accompanied by the written consent of the Trustees.
(2)Any person who, except with the written consent of the Trustees, uses the word "University" together with the words "United States International" in furtherance of, or in connection with ally advertisement for any, trade, business, calling or profession shall be guilty of an offence and liable for a fine not exceeding ten thousand shillings or to imprisonment for a period not exceeding one (1) month or to both:Provided that nothing in this subsection shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him/her of any degree, diploma or certificate of the University.

28. Variation and Revocation of Charter

In accordance with section 16 of the Universities Act (Cap. 210):
(1)The President may, at any time, vary the provisions of a charter if he is of the opinion that the variation is in the interests of University education in Kenya generally or may assist the institution concerned to carry out its functions in a more efficient manner.
(2)The President may, at any time, revoke a charter granted to a university if he is of the opinion that the university concerned is not governance, carrying out its functions in a proper manner, or is in breach of its charter, are that the revocation is in the Interests of university education generally.
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31 December 2022 this version
16 April 2021
10 December 1999
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