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The Meru University College of Science & Technology Order

Legal Notice 103 of 2008

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The Meru University College of Science & Technology Order
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Legal Notice 103 of 2008
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Universities Act
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Legal Notice
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LAWS OF KENYA

UNIVERSITIES ACT

THE MERU UNIVERSITY COLLEGE OF SCIENCE & TECHNOLOGY ORDER

LEGAL NOTICE 103 OF 2008

  • Published in Kenya Gazette Vol. CX—No. 59 on 25 July 2008
  • Commenced on 25 July 2008
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

Part I – PRELIMINARY

1. Citation

This order may be cited as the Meru University College of Science and Technology Order.

2. Interpretation

In this Order, unless the context otherwise requires—"academic board" means the Academic Board of the Meru University College of Science and Technology established under paragraph 14;"Act" means the Jomo Kenyatta University of Agriculture and Technology Act;"chancellor" means the Chancellor of the University;"convocation" means the Convocation of the Meru University College of Science and Technology established under paragraph 15;"council" means the Council of the University College established under paragraph 11;"Dean of Students" means the person appointed by the Council to be the Dean of Students of the University College;"Deputy Principal" means the Deputy Principal appointed by the Council of the University College under Section 9;"director" means a person appointed by Council of the University College to be a director of the University College, and whose functions are as specified in the statutes;"faculty" means a faculty of the University College established under the statutes;"financial year" means the financial year of the University College as provided for under paragraph 18;"graduate" means a person upon whom a degree has been conferred in accordance with section 5(1);"incapacity" means inability to perform functions of the office concerned;"institute" means an institute of the University College established by the statutes;"lecturer" means a member of the staff of the University College who is, in terms of appointment, a Full Professor, an Associate Professor, Senior Lecturer, Lecturer, Assistant Lecturer, or Tutorial Assistant, or a person who holds any other teaching post which the Council has recognized as a post having academic status in the University College;"librarian" means the person appointed to be the Librarian of the University College;"management board" means the Management Board of the University College established under Section 13;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for technical and vocational education and training;"Principal" means the Principal of the University College appointed by the Council under Section 8;"professor" means a full Professor of the University College;"registrar" means the Registrar appointed by the Council of the University College;"school" means a School of the University College established under the Statutes;"senate" means the Senate of the University;"Staff association" means an association of the staff recognized by Council as being an association representative of the staff of the University College;"statutes" means statutes of the University College made by the Council under this Order;"student" means a person registered by the University College for the purposes of obtaining education and training towards the acquisition of a particular qualification or any other person who is determined by the Academic Board to be a student within a similar context;"students organization" means an association of the students recognized by the Council as being an organization representative of the students of the University College;"university college" means the Meru University College of Science and Technology established under section 3(1);"university" means the Jomo Kenyatta University of Science and Technology University of Nairobi established under section 3 of the Act;"vice-chancellor" means the Vice-Chancellor of the Jomo Kenyatta University of Agriculture and technology appointed under section 10 of the Act.

Part II – ESTABLISHMENT, POWERS AND FUNCTIONS OF THE MERU UNIVERSITY COLLEGE OF SCIENCE AND TECHNOLOGY

3. Establishment of the Meru University College of Science

(1)There is hereby established a university college to be known as The Meru University College of Science and Technology which shall be a constituent college of the Jomo Kenyatta University of Agriculture and Technology.
(2)The University 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 and immovable property;
(c)receiving, investing, borrowing and lending money; and
(d)doing or performing any such other things or acts, matters, including entering into such contracts as may be necessary or expedient, for the furtherance of the provision of this Order which may be done by a body corporate.
(3)The University College shall be the successor to Meru College of Technology situated in Tigania, District along Meru–Maua Road.
(4)All rights, liabilities and assets of the Board of Trustees or by any other body on behalf of Meru College of Technology, existing at the commencement of this Order, shall automatically be transferred to the University College.

4. Functions and Objects of the University College

(1)The functions and objects of the University College shall be to—
(a)provide directly, or in collaboration with other institutions of higher learning, facilities for university education incorporating technological, professional, scientific and agricultural education which integrates teaching, research, service and effective application of knowledge and skills;
(b)participate in technological and scientific innovation as well as in the discovery, enhancement, transmission and preservation of knowledge and to stimulate the intellectual participation of students and members of the University College in the economic, technological and socio-cultural development of Kenya;
(c)provide and advance university education and training to appropriately qualified candidates leading to the conferment of degrees and award of diplomas and certificates and such other qualifications as the Council and the Senate shall from time to time determine and in so doing, contribute to labour market needs;
(d)play a leading role in the development and expansion of opportunities for higher education and research in agriculture, forestry, mining, energy, water and environmental sciences on arid and semi-arid lands;
(e)contribute to industrial and technological development through innovations and technology transfer;
(f)develop as an institution of excellence in teaching, training, scholarship, entrepreneurship, innovation, research, consultancy and extension services with emphasis on dry land agriculture and farming systems and their impact and application within and outside Kenya;
(g)participate in commercial ventures and other activities to the benefit of the institution, the community and stakeholders;
(h)conduct examinations for such academic awards as may be provided in the statutes pertaining to the University College;
(i)examine and make proposals for new faculties, schools, institutes, departments, resource and research centres, degree courses and subjects of study;
(j)contribute to agricultural, industrial and technological development of Kenya in collaboration with industry and other institutions through transfer of appropriate technology;
(k)develop and provide educational, cultural, professional, technical and vocational services to the community and in particular foster corporate social responsibility and the practical arts;
(l)provide programmes, products and services in ways that reflect proper ethics founded in the principles of equity and social justice;
(m)facilitate student mobility between different programmes at different technical training institutions, universities and industry;
(n)foster the general welfare and development of all staff and students.
(2)Admission to the University College as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Academic Board in accordance with this Order and the Act without distinction on the basis of race, ethnicity, physical ability, place of origin or residence or other local connections, political opinion, colour, creed, or gender; and no barrier based on any such distinction shall be imposed upon any person as a condition of their becoming, or continuing to be a professor, lecturer, graduate or student of the university, or of their holding any office therein, nor shall any preference be given to, or advantage withheld from any person on the grounds of any such distinction.

5. Degrees, diplomas and other academic awards

(1)The degrees and postgraduate diplomas to be awarded by the Meru University College of Science and Technology shall for the time being be the degrees and postgraduate diplomas conferred by the Jomo Kenyatta University of Agriculture and Technology.
(2)Notwithstanding subparagraph (1), the University College shall have powers to grant diplomas and certificates or other academic qualifications as shall from time to time be authorized in accordance to the statutes of the University College.

6. Scholarships, bursaries, prizes and other awards

Subject to this Order the University College may award scholarships, bursaries and prizes and make other awards which may provided for by the statutes.

Part III – MEMBERSHIP AND THE GOVERNMENT OF THE UNIVERSITY COLLEGE

7. Membership of the Meru University College of Science and Technology

The members of the University College shall be—
(a)the Chancellor of the JKUAT;
(b)the Vice-Chancellor of the JKUAT;
(c)the Principal;
(d)the Deputy Principals;
(e)the members of the Council;
(f)the members of the Academic Board;
(g)the professors of the University College;
(h)the lecturers of the University College;
(i)the Registrars;
(j)the Finance Officer of the University College;
(k)the Librarian;
(l)the Dean of Students;
(m)the Director of ICT Services of the University College;
(n)the students of the University College;
(o)the Convocation; and
(p)such other members of staff of the University College or any other body formally admitted into association with the University College, as the Council may from time to time determine.

8. The Principal

(1)There shall be a Principal of the University College who shall be appointed by the Cabinet Secretary on the recommendation of the Council and in consultation with the Chancellor in accordance with the statutes.
(2)The Principal shall be the chief executive of the University College and shall—
(a)be the academic and administrative head of the University College;
(b)have overall responsibility of the direction, organization, administration and programmes of the University College; and
(c)have such powers and duties as may be provided by the statutes.
(3)The Principal shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period shall be eligible for re-appointment for one further term.
(4)Notwithstanding subparagraph (1), the Cabinet Secretary may appoint the first Principal on the recommendation of the Council of the Jomo Kenyatta University of Agriculture and Technology and the person so appointed shall be deemed to be a Principal appointed under subparagraph (1).

9. The Deputy Principal

(1)The Council shall appoint one or more Deputy Principal who shall under the general direction of the Principal exercise such powers and perform such duties as may be provided by the statutes.
(2)A Deputy Principal shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period shall be eligible for re-appointment for one further term.

10. Deans and directors of faculties, schools, institutes and centres

(1)The Council shall, on advice of the Principal, appoint for each Faculty, School, Institute, or Centre, a Dean or Director, who shall be the academic and administrative head of the School, Institute, or Centre, and shall, under the general direction of the Principal, have such powers and duties as may be provided by statutes.
(2)A person appointed as Dean or Director shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period shall be eligible for re-appointment.

11. The Council

(1)There shall be a Council of the University College which The Council shall consist of—
(a)the Chairperson and vice-Chairperson, both of whom shall be appointed by the President;
(b)the Vice-Chancellor of the Jomo Kenyatta University of Agriculture and Technology;
(c)the Principal;
(d)the Principal Secretary for the time being responsible for technical and vocational education and training;
(e)the Principal Secretary of the Ministry responsible for Higher Education Science and Technology;
(f)the Principal Secretary of the Ministry responsible for Finance;
(g)the following persons appointed by the Cabinet Secretary—
(i)three people appointed by the Cabinet Secretary to represent Nchuri Ncheke Council of Ameru Leaders;
(ii)one person to represent special interests;
(iii)one person to represent professional associations;
(iv)one person nominated by the Academic Board from among its members;
(v)one person nominated by the Convocation from among its members;
(vi)one person nominated by the academic staff organisation from among its members;
(vii)one person nominated by the non-academic staff organisation from among its members; and
(viii)a representative of the students nominated by the Students Organization;
(ix)one persons co-opted by the Council;
(x)one person to represent the association of technical and vocational education and training institutions.
(2)The Principal shall be the Secretary to the Council.
(3)Subject to paragraph (4), a member of the Council, other than an ex officio member, shall hold office for a period of four years, but shall be eligible for re-appointment.
(4)The office of a member of the council shall become vacant—
(a)if, not being an ex officio member, he resigns his office by writing under his hand addressed to the Principal;
(b)if the council is satisfied that the member is, by reasons of physical or mental infirmity or bankruptcy, unable to exercise the functions of his office;
(c)upon his death.
(5)Where the office of a member of the Council becomes vacant, the Principal shall forthwith notify the vacancy to the appropriate appointing authority.
(6)The procedure, conduct and regulation of the affairs of the council shall be determined by the Council.
(7)The Council shall be expected to exercise prudent leadership, innovative enterprise, and good judgement in directing or conducting the affairs of the University College and shall always act in the best interest of the University College.

12. Functions of the Council

(1)Subject to this Order, the Council shall be the governing body of the University College through which the University College shall act and—
(a)shall administer the property and funds of the University College in a manner and for the purposes which shall promote the interest of the University College; but the Council shall not charge or dispose of immovable property of the University College except in accordance with the procedures laid down by the Government of Kenya;
(b)shall receive, on behalf of the University College, donations, endowments, gifts, grants or other moneys and make disbursements therefrom to the University College or other bodies or persons;
(c)shall approve the appointment criteria and the terms and conditions of service of staff;
(d)shall provide for the welfare of the staff and students of the University College;
(e)may enter into association with other universities, university colleges or other institutions of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate; and
(f)may, after consultation with the Academic Board, make regulations governing the conduct and discipline of the students of the University College.
(2)The Council shall ensure that a proper management structure is in place and to make sure that the structure functions to maintain corporate integrity, reputation and responsibility.
(3)All documents, other than those required by law to be under seal, made on behalf of the Council, and all decisions of the Council may be signified under the hand of the Chairperson, the Principal or any other members of the Council generally or specifically authorized by the Council in that behalf.
(4)The Council shall monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University College.
(5)The Council shall constantly review the viability and financial sustainability of the University College, and shall do so once every year.
(6)The Council shall ensure that the University College complies with all the relevant laws, regulations, governance practices, accounting and auditing standards.

13. The Management Board

(1)There shall be a Management Board of the University College which shall consist of—
(a)the Principal, who shall be the Chairperson;
(b)the Deputy Principals;
(c)the Deans of the Schools, and Directors of Institutes and Centres;
(d)the Registrar(s);
(e)the Finance Officer; and
(f)such other member of senior management as the Council may determine and as provided for in the Statutes
(2)The Management Board shall assist the Principal in the day to day management of the University College and shall, in this respect, be responsible for—
(a)the efficient management of the human, physical, and financial resources of the University College;
(b)making proposals to the Council and the Academic Board on policies that have application across the entire institution;
(c)the co-ordination of the University College strategic and development plans; and
(d)any other matters related to the management of the University College.
(3)The Secretary of the Management Board shall be the Registrar in charge of administration.

14. The Academic Board

(1)There shall be an Academic Board of the University College, which shall consist of—
(a)the Principal, who shall be the Chairperson;
(b)the Deputy Principals;
(c)the Deans of Schools, and Directors of Institutes and Centres;
(d)the Heads of the Teaching Departments of the University College;
(e)the Registrar in Charge of Academic Affairs;
(f)the Librarian;
(g)the Dean of Students;
(h)the Director of ICT Services of the University College;
(i)one representative of each of the Faculty or School Boards appointed by the respective boards from among its members; and
(j)two members elected by the Students' Organization, who shall not be entitled to attend deliberations of the Academic Board on matters which are considered by the Chairperson of the Academic Board to be confidential and which relate to examinations, the general discipline of students, and other related matters.
(2)The Academic Board shall have the following powers and duties—
(a)to satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University College and, with regard to the degree programmes, to report its findings thereon to the Senate;
(b)propose regulations consideration by the Senate regarding the eligibility of persons for admission to a degree programme;
(c)to make regulations regarding for the eligibility of persons for admission to other courses of study other than degree programmes;
(d)to propose regulations for consideration by the Senate regarding the standard of proficiency to be gained in each examination for a degree;
(e)to make regulations for consideration by the senate regarding the standard of proficiency to be gained in each examination for a diploma, certificate or other award of the University College other than a degree;
(f)to decide which persons have attained the prescribed standard of proficiency and are otherwise fit to be granted a diploma, certificate or other award of the University College;
(g)to decide which persons have attained the prescribed standard of proficiency and are otherwise fit to be granted degrees and prescribed postgraduate awards and to report its decision thereon to the Senate; and
(h)to make regulations governing such other matters as are within its powers in accordance with this Order or the Statutes.
(3)Notwithstanding any of the provisions of this Order, the Senate shall not initiate any action in respect of paragraph (a), (b) or (d) of subsection (2) except upon receipt of a report or proposal thereunder and the Senate shall not reject any such report, or reject or amend any regulations as proposed without further reference to the Academic Board.
(4)The Deputy Principal for the time being in charge of academic affairs shall be the secretary to the Academic Board.

15. The Convocation

(1)There shall be Convocation of the University College, which shall consist of graduates of the University College or such other persons as may be prescribed by the Statutes.
(2)The Convocation shall have the right to meet and discuss any matter relating to the Meru University College of Science and Technology and transmit resolutions thereon to the Council, the Academic Board, or the Senate and may exercise such other functions as the Statutes may prescribe.

16. The Staff of the University College

(1)The staff of the Meru College of Technology existing prior to the commencement of this order including those on secondment shall be deemed to be employees of the University College subject to the Statutes.
(2)The senior management staff of the University College shall consist of the Principal, the Deputy Principals, and the Deans of Schools and Directors of Institutes and such other members of staff as the Council may from time to time determine.
(3)The academic staff of the University College shall consist of the Principal, the Deputy Principals, the Librarian and all members of staff who are engaged in teaching and research.
(4)The administrative staff of the University College shall consist of the Registrars, the Finance Officer and such other members of staff, not being engaged in teaching or research, as the Council may, from time to time, determine.
(5)The technical staff of the University College shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, and as the Council may from time to time determine.
(6)The support staff of the University College shall consist of those staff engaged in general duties and as the Council may from time to time determine.
(7)All members of the staff of the University College shall, subject to this Order, be appointed either—
(a)in the manner and upon the terms and conditions of service prescribed by the Statutes; or
(b)in the case of a person seconded to the service of the University College from the service of another institution, the Government or any other public service, on terms and conditions agreed upon between the Council and the seconding body.
(8)The council may, subject to such restrictions as it may impose, delegate, either generally or specially, to any person, committee, or body, the power to appoint any member of the staff of the University College.
(9)All members of staff of the University College shall—
(a)be subject to the general authority of the Council and of the Principal; and
(b)be deemed to be employed in accordance with the statutes or as otherwise specifically provided by the statutes or by the terms of a particular appointment.

17. Performance of functions in the absence of the office holder

(1)In the event of the incapacity of the Principal, the Chairperson of the Council may appoint one of the Deputy Principals to carry out the functions of the Principal during the period of incapacity.
(2)In the event of the simultaneous incapacity of the Principal and the Deputy Principals, the Chairperson of the Council may appoint any member of the academic staff of the University College to perform the functions of the Principal during the incapacity.
(3)In the event of the incapacity of a member of staff of the University College other than the Principal and Deputy Principals, the Principal may appoint a suitable person to perform the functions of the said officer during the incapacity.

Part IV – FINANCIAL PROVISIONS

18. Financial year

The financial year of the University College shall be the period of twelve months commencing on the 1st July and ending on 30th June in the following year.

19. Investment of funds

(1)The Council may invest any of the funds of the University College in securities, treasury bonds, and trust funds which for the time being, trustees may, by law, invest such funds or in any other securities which the Treasury may, from time to time, approve.
(2)The Council may place on deposit with such banks as it may determine any moneys not immediately required for the purposes of the University College.

20. Annual estimates

(1)Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University College for that year.
(2)The annual estimates shall make provisions for all the estimated expenditure of the University College for the financial year concerned, and in particular shall provide—
(a)for the payment of the salaries, allowances and other charges in respect of the staff of the University College;
(b)for the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University College;
(c)for the proper maintenance of the buildings and grounds of the University College;
(d)for the proper maintenance, repair and replacement of equipment and other movable property of the University College;
(e)for the funding of the cost of teaching, research and outreach activities of the University College;
(f)for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit; and
(g)for physical and infrastructural development of the University College.
(3)In drawing its annual estimates and development plans, the University College shall consult with the Government agency responsible for university grants;
(4)Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval, and after the Cabinet Secretary has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary.
(5)No expenditure shall be incurred for the purpose of the University College except in accordance with the annual estimates approved under subsection (4) or in pursuance of an authorization of the Council given with the prior approval of the Cabinet Secretary.

21. Accounts and audit

(1)The Council shall cause to be kept all proper books of accounts of the income, expenditure and assets and liabilities of the University College.
(2)Within a period of three months from the end of each financial year, the Council shall submit to the Auditor-General (Corporations), the accounts of the University College together with—
(a)a statement of income and expenditure during that year; and
(b)a statement of the assets and liabilities of the University College on the last day of that year.
(3)The accounts of the University College shall be audited by the Controller and Auditor-General in accordance with the Public Audit Act (Cap. 412B).
(4)The Controller and Auditor-General (Corporations) may transmit to the Cabinet Secretary a special report on any matters incidental to his powers under this Order, and section 24 (3) and (4) of the Public Audit Act (No. 12 of 2003), shall apply to any report made under this paragraph.

Part V – MISCELLANEOUS PROVISIONS

22. Common seal and Signification of Documents

(1)The common seal of the University College shall be kept in such custody as the Council directs and shall not be used except upon the order of the Council.
(2)The common seal of the University College shall be authenticated by the signatures of the Principal together with any other person duly authorized by the Council.
(3)The common seal of the University College when affixed to any document and duly authenticated shall be judicially and officially noticed, and, unless and until the contrary is proved, any order or authorization of the Council under this paragraph shall be presumed to have been duly given.
(4)Alt documents, other than those required by law to be under seal, made on behalf of the Council, and all decisions of the Council may be signified under the hand of the Chairperson, the Principal or any other members of the Council generally or specifically authorized by the Council in that behalf.

23. The Statutes

(1)In the performance of its functions under this Order, the Council shall, subject to this Order, make Statutes generally for the government, control and administration of the University College and for the better carrying into effect of the purposes of this Order, and in particular for the—
(a)establishment of Faculties, Schools, Institutes, Centres, and Departments of the University College;
(b)description of degrees, diplomas, certificates, and other academic qualifications;
(c)requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications;
(d)maintenance of academic standards and quality assurance mechanisms;
(e)conduct of examinations;
(f)prescribing fees and other charges;
(g)setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of the staff of the University College;
(h)constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and
(i)providing for or prescribing, anything, which, under this Order, may be provided for or prescribed by Statutes;
(2)Notwithstanding subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of the Principal or Academic Board without first ascertaining the opinion of the Academic Board.
(3)Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourths of the members present and voting, being not less than two-thirds of the total membership of the Council.
(4)Statutes or regulations made by the Council under this Order shall not be published in the Gazette but sections 27, 31(e) and 34 of the Interpretation and General Provisions of the Act shall not apply to the statutes or to the regulations.

24. Protection of name

(1)Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the words "Meru College of Technology" together with either or all the words "University" or "College" unless the application for the registration is accompanied by the written consent of the Council.
(2)Any person who except with the written consent of the Council, uses the words "Meru College of Technology" together with either or all the words "University" or "College" and "University" in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession.
(3)Any body or person who purports to issue or award degrees, diplomas or certificates on behalf of the university college shall be guilty of an offence and liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding twelve months or both to such fine and imprisonment.
(4)Provided that nothing in this paragraph shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of a degree, diploma or certificate by the University College.

25. Conversion into a fully fledged university

The status accorded to the University College by this order as a constituent college of the Jomo Kenyatta University of Agriculture and Technology shall be transitional only and the University shall initiate the necessary administrative and legal measures to ensure that the University College becomes a fully fledged University within three years.
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History of this document

31 December 2022 this version
25 July 2008
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