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The Kenya Highlands University Charter

Legal Notice 41 of 2011

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The Kenya Highlands University Charter
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Legal Notice 41 of 2011
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Universities Act
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LAWS OF KENYA

UNIVERSITIES ACT

THE KENYA HIGHLANDS UNIVERSITY CHARTER

LEGAL NOTICE 41 OF 2011

  • Published in Kenya Gazette Vol. CXIII—No. 39 on 29 April 2011
  • Commenced on 29 April 2011
  1. [Amended by Kenya Highlands Evangelical University Charter—Amendment (Legal Notice 52 of 2021) on 30 April 2021]
  2. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

SCHEDULE

WHEREAS the Board of Trustees of Kenya Highlands University, situated in the Republic of Kenya, wishes to establish an institution in the name of Kenya Highlands University;AND WHEREAS the said Kenya Highlands University has applied to the Commission for Higher Education for the grant of a Charter to provide for the establishment, control, governance and administration of the University and for connected purposes, in the manner prescribed by the Universities Act;AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of the Kenya Highlands University are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for Higher Education is also satisfied that Kenya Highlands University has complied with the provisions of the Act, and the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) 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 Higher Education, Science and Technology on the said institution and the Cabinet Secretary is satisfied that Kenya Highlands University has met the minimum requirements to be granted the Charter;AND WHEREAS the Cabinet Secretary for Higher Education, Science and Technology 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 these powers conferred upon me by section 12 of the Universities Act (Cap. 210B), I Mwai Kibaki, President and Commander-in-Chief of the Defense Forces of the Republic of Kenya, grant the Charter annexed hereto to Kenya Highlands University.

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the Kenya Highlands University Charter.

2. Interpretation

In this Charter, unless the context otherwise requires—"Alumni" means the Association of graduates of the University established under section 28;"Board" means the Board of Trustees of Kenya Highlands University incorporated under the Trustees (Perpetual Succession) Act (Cap. 164);"Charter" means the Charter for Kenya Highlands University;"Central Church Council" means the main governing body of the Africa Gospel Church of Kenya;"Council" means the University Council established under Section 12;"Faculty" means the body of all the professors and lecturers of the University;"Fiscal year" means the financial year of the University as set out in Section 29;"Management Board" means the Management Board of the University established under Section 14;"Senate" means the Senate of the University established under Section 15;"staff" means the staff of the University as set out in the Charter;"Statutes" means the rules enacted by the Council for the governance of the University, as provided under Section 35;"Student" means a person who is registered by the University for the purposes of obtaining a qualification of the University or any other person regarded as a student by the Senate;"Student Association" means the body of students of the University established under Section 27;"Vice-Chancellor" means the Vice-Chancellor of the University appointed under Section 17;"University" means Kenya Highlands University established under section 3;"World Gospel Mission" means the missionary organization with headquarters in Marion, Indiana, USA, which works in partnership with the Africa Gospel Church, Kenya, in evangelism, church planting, medical, educational, and other ministries.[L.N. 52/2021, r. 4.]

Part II – ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY

3. Establishment and Incorporation of Kenya Highlands University

(1)There is established a university to be known as Kenya Highlands University which shall be constituted in accordance with the provisions of this Charter.
(2)The University 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, disposing or leasing of movable and immovable property;
(c)borrowing of money, receiving of grants, gifts and donations for the purpose of furthering education;
(d)entering into contracts; and
(e)doing or performing all such other things or acts necessary for the proper discharge of its functions under and in furtherance of the provisions of this Charter, which be lawfully done by a corporate body.
(3)The University shall be the successor to Kenya Highlands Bible College.
(4)All rights, liabilities and assets held by or by any other body on behalf of Kenya Highlands Bible College, existing at the commencement of this Charter shall be automatically and fully transferred to the University.[L.N. 52/2021, r. 5.]

4. Philosophy of the University

(1)The University's philosophy is founded on the premise that all truth is centred in God, expressed through His revelation and demonstrated through His people.
(2)The University's philosophy is embedded in the biblical evangelical Christian faith as expressed in the following doctrinal statement which stipulates—
(a)that both Old and New Testaments constitute the divinely inspired Word of God, inerrant in the originals, and the final authority for faith and practice;
(b)that there is one God eternally existent in the Holy Trinity of the Father, Son and Holy Spirit, each with personality and deity;
(c)that the Son, our Lord Jesus Christ, manifested in the flesh through the virgin birth, died on Calvary for the redemption of the human family, all of whom may be saved from sin through faith in Him;
(d)that man, although created by God in His own image, fell into sin through disobedience and "so death passed upon all men, for all have sinned" (Romans 5:12);
(e)that there is salvation for the human soul, Including the new birth, and a subsequent work of God in the soul, a crisis, wrought by faith, whereby the heart is cleansed from all sin and filled with the Holy Spirit and this gracious experience is retained by faith as expressed in a constant obedience to God's revealed will, thus giving us a perfect cleansing moment by moment (1 John 1:7-9);
(f)that the universal church is the body of Christ;
(g)that all who are united by faith in Christ are members of the body of Christ and that having thus become members one of another, it is our solemn covenant duty to fellowship with one another with pure and fervent hearts;
(h)that our Lord Jesus Christ in His literal resurrection from the dead is the living guarantee of the resurrection of all human beings; the believing saved to conscious eternal joy and the unbelieving lost to conscious eternal punishment;
(i)that our Lord Jesus Christ, in fulfillment of His own promise, both angelically and apostolically attested, will personally return in power and great glory.
(3)The philosophy shall be the guiding standard for planning, organizing, implementing, and evaluating the academic and non-academic activities of the University.
(4)Notwithstanding the provisions of subsection (3), the University shall not discriminate against any person on the basis of their gender, tribe, race, religion, physical ability or socio-economic status and shall—
(a)Where the admission is approved by the Senate and the student is willing to abide by the policies and ethos of the University, admit students on basis of the entrance requirements set out in the Statutes; and
(b)appoint staff on merit provided that the staff is willing to abide by the policies and ethos of the University.

5. Objects and functions of the University

(1)The objects of the University shall be derived from the theological foundation prescribed in section 4(2).
(2)The objects of the University shall be—
(a)to confess the Bible as the Word of God and emphasize the centrality of the Bible in preaching, teaching, and living;
(b)to proclaim and propagate the good news of salvation through faith in Jesus Christ;
(c)to teach and promote the biblical message of holiness;
(d)to encourage the spiritual growth and maturation of every student by encompassing Bible study, prayer, worship, and other spiritual exercises in the curriculum;
(e)as a community of Christian scholars and through its qualified staff, to provide quality university level education and strive to enable each student to develop critical and analytical thinking through practical courses, to make practical applications of theoretical courses, and to compare all that is taught with the revealed truths of God;
(f)to integrate teaching, learning, faith development and research in its programmes for proper application of knowledge and skills for effective community service based on a biblical worldview;
(g)to offer programmes which will equip students to serve society in varied disciplines;
(h)to encourage personal research and self-discovery through classroom learning and field experience with emphasis on theory and practice by encouraging and guiding students to develop and articulate their own theological convictions, philosophies in ministry, and personal goals;
(i)to encourage students to develop the desire to reach the highest level of professional skill and to refine their analytical abilities;
(j)to equip students with skills that enable them serve society with professional competence and ensuring accountability and professional responsibility to be effective participants in the society;
(k)to encourage growth in the Christian character of students and instill in them, the ability to integrate Christian integrity and responsibility in every area of life;
(l)to promote staff development;
(m)to prepare students to minister through Christian ministry vocations such as pastorate, missions, and Christian education, and trough other vocations which serve society;
(n)to serve a constituency made up of different denominational bodies and interdenominational organizations;
(o)to address the pressing issues of the present day society by guiding students in identifying their current social and personal needs and encouraging the students towards responsive and creative forms of ministry;
(p)to build institutional capacity for research, transmission and preservation of knowledge;
(q)to establish affiliations and linkages with other institutions; and
(r)to reach the world in advancing the University's goal towards winning which shall be the University's central endeavor.
(3)The functions of the University shall be—
(a)to provide a variety of religious services revolving around revival, holiness, and missions;
(b)to provide an adequate and well-qualified faculty who can guide each student in the pursuit of knowledge and in the development of intellectual capacity;
(c)to determine the teaching staff, design the curriculum and other teaching guides and determine how the curriculum may be taught in the University;
(d)to provide resources to support the students in learning and carrying out research in various curricula at the University;
(e)to train and nurture holistic development of the students;
(f)to conduct examinations and to confer degrees and other academic distinctions and to award diplomas, certificates and other awards of the University as provided in the Statutes of the University;
(g)to teach, conduct research and to publish research findings in order to develop, store and disseminate knowledge;
(h)to provide opportunity for students and staff to serve the community;
(i)to establish collaborations, affiliations and partnerships with other institutions as the Council may determine; and
(j)to carry out such other functions as may be permitted and approved by the Council.

6. Powers of the University

The University shall do all things necessary or convenient to be done in connection with the performances of its function, and may—
(a)establish colleges, divisions, departments, schools, centers, campuses or institutes of the University in a manner provided for in the Statutes;
(b)confer certificates, diplomas and degrees, doctoral and post-doctoral awards;
(c)confer honorary degrees or academic distinction or awards upon a person or person who have rendered—
(i)distinguished services in the advancement of knowledge; or
(ii)themselves worthy of such awards; and
(d)revoke or withdraw a certificate, diploma, degree or an award already conferred, granted or awarded to a person on such grounds as shall be specified in the Statutes.

7. The Common Seal

(1)The Common Seal of the University shall be kept in custody as the Council shall direct and shall not be used except as the Council shall authorize.
(2)The Common Seal of the University shall be authenticated by the signature of the Vice-Chancellor and one other person authorized by the resolution of the Council.
(3)The Common Seal, when affixed to any document and duly authenticated shall be judicially and officially noticed and unless the contrary is proved, any necessary order or authorization of the Council under this section shall be presumed to be duly given.

Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

8. Members

The members of the University shall be—
(a)the Chancellor;
(b)members of the Council;
(c)the Vice-Chancellor;
(d)the Deputy Vice-Chancellor;
(e)members of the Senate;
(f)the Registrar;
(g)the Dean;
(h)the Librarian;
(i)the Chaplain;
(j)members of the academic staff;
(k)non academic staff;
(l)the Students;
(m)the Alumni; and
(n)any other person or body formally admitted or co-opted by a resolution of the Council into association by the university.

9. Governance

The governance of the University shall be vested in the following persons and bodies mandated to perform the functions and exercise powers conferred under this Charter—
(a)the Board of Trustees;
(b)the Chancellor;
(c)the Vice-Chancellor;
(d)the Council;
(e)the Management Board; and
(f)the Senate.

10. Board of Trustees

The Board of Trustees shall be vested with powers to—
(a)safeguard and uphold the vision of the university;
(b)appoint members of the University Council;
(c)receive and review reports on the development, operation and progress of the University; and
(d)generate resources for the development of the University.

11. The Chancellor

(1)There shall be a Chancellor who shall be the Bishop and the administrative head of the African Gospel Church of Kenya.
(2)The Chancellor shall—
(a)be the titular head of the University and, in the name of the University, confer degrees and grant diplomas, certificates and other awards of the University.
(b)from time to time direct an inspection of the University or an inquiry into the teaching, research or any other work of the University as the Chancellor shall considers appropriate and advise the Board of Trustees and Council accordingly;
(c)arrange for visitation into the general administration and organization of the University as provided for under the Statutes;
(d)enjoy such powers and privileges and perform such other functions as may be provided for in the Statutes; and
(e)advice the Board on any issue which he or she considers necessary for purposes of promoting the objects of the University.
(3)In the event of incapacity of the Chancellor, the Board shall, in consultation with the Central Church Council, appoint suck other person to perform the functions of the Chancellor during the period of his or her incapacity.

12. The University Council

(1)There is established a Council to be known as the University Council appointed by the Board.
(2)The Council shall consist of—
(a)a chairperson;
(b)two persons representing the Africa Gospel Church;
(c)two persons representing the World Gospel Mission;
(d)two persons representing the Board of Trustees;
(e)four professionals from such professions as the Council shall consider appropriate;
(f)two persons appointed by the Senate;
(g)the Vice-Chancellor;
(h)the Chairperson of the Students Council; and
(i)a person nominated by the Alumni Association.
(3)The Council may co-opt not more than two members who, in the opinion of the Council, shall offer the expertise necessary for betterment of the University.
(4)The Vice-Chancellor shall be the secretary to the Council.
(5)Members of the Council other than the ex officio members shall hold office for a term of five years renewable for one further term.
(6)Notwithstanding the provision of subsection (4), the members of Council shall be retired on a rotational basis and the term of the first Council members shall be as follows—
(a)one third of the members of the first Council shall be appointed for a period of two years renewable for one further term;
(b)two thirds of the members shall be appointed for a period of three years renewable for one further term; and
(c)members co-opted by the first Council, shall serve for a maximum of two years, renewable once.
(7)The procedure, conduct and regulation of the Council meetings shall be as prescribed in the Statutes.
(8)The Council may establish committees for such period and to undertake such functions as the Council may determine or as may be set out in the Statutes.
(9)The office of a member of the Council shall fall vacant—
(a)not being an ex officio member, the member resigns in writing addressed to the Chairperson of the Council;
(b)the Board, being satisfied that the member is by reason of physical or mental infirmity unable to perform his functions, resolves to retire the member;
(c)if the member is removed by a resolution of the Board on the basis of engaging in unbecoming behavior;
(d)if the member is found to engage directly or indirectly in any business conflicting with the function of the University, unless he or she has disclosed the conflicting interest in writing to the Board and the Board has, by resolution approved such engagement;
(e)the member is convicted for a criminal offence and is liable to imprisonment for a term exceeding six months;
(f)the member is declared bankrupt; or
(g)upon his or her death.

13. Functions and powers of the University Council

The functions of the Council shall be to—
(a)administer the property and funds of the University in a manner and for purposes which shall promote the best interest of the University;
(b)appoint the Vice-Chancellor and any other members of staff of the University;
(c)provide for the welfare of the members of staff and students of the University
(d)determine fundamental policies, strategies, mission, and character of the University;
(e)receive on behalf of the University, donations, endowments, gifts, grants or other moneys or make disbursements therefrom to other bodies or persons;
(f)in consultation with the Board of Trustees, approve capital developments of the university and facilitate the provision and maintenance of facilities adequate to meet the needs of the planned enrollment in the various academic programmes;
(g)approve collaborations, partnerships, affiliations and other inter-relationship between the university and other institutions of learning;
(h)determine the various academic staff ranks and management staff positions;
(i)determine general policies on the generation and administration of the university funds and property, including the establishment of investment policies;
(j)make regulations governing the academic affairs and conduct and discipline of staff and students of the University on recommendation of the Senate;
(k)recommend the University annual budget for approval by the Board of Trustees;
(l)approve the annual audit reports for submission to the Board of Trustees;
(m)approve academic programmes and regulations that may be recommended to it by the Senate;
(n)approve the University Statutes and generally, make provisions for overall good governance of the University and retain the right to make policies and decisions relative to all matters not otherwise and herein specifically provided for, or as may be provided in the Statutes;
(o)perform such other functions as may be conferred on it by this Charter and the Statutes.

14. The Management Board of the University

(1)There shall be a Management Board which shall consist of—
(a)the Vice-Chancellor;
(b)the Deputy Vice-Chancellor;
(c)the Registrar;
(d)the Business Manager/Accountant;
(e)Information Technology Systems Manager;
(f)the Dean; and
(g)the Librarian.
(2)The Vice-Chancellor shall be the Chairperson of the Management Board.
(3)The functions of the Management Board shall be to—
(a)make decisions regarding the day to day operations of the University;
(b)co-ordinate the University development plans;
(c)manage the University resources;
(d)implement the decisions of the Council and Senate; and
(e)such duties as may be assigned to it by the Council.
(4)The Management Board may establish committees for such periods and to undertake such functions as the Management Board may determine or as may be set out in the Statutes.

15. The Senate

(1)There is established a Senate of the University which shall consists of—
(a)the Vice-Chancellor, as the Chairperson;
(b)the Deputy Vice-Chancellor;
(c)the Registrar in charge of academic affairs;
(d)the Registrar in charge of Administration;
(e)the Business Manager/Accountant;
(f)the Information Technology Systems Manager;
(g)the Dean;
(h)the Librarian;
(i)the University Chaplain;
(j)all full time faculty;
(k)the Chairperson and the General Secretary of the Student Association; and
(l)such other persons as may be provided for in the Statutes or co-opted by the General Faculty Assembly.
(2)The office of a member of the Senate shall be vacant—
(a)if he or she ceases to be a member of the University;
(b)if he or she contravenes any membership requirement;
(c)if he or she is adjudged bankrupt;
(d)if, by a majority vote of the members of the Senate present and voting, and with the approval of the Board, his or her membership is revoked; or
(e)if he or she dies.
(3)The Registrar in charge of academic affairs shall be the secretary to the Senate.
(4)The functions of the Senate shall be to—
(a)determine the content and academic standards of any course of study offered at the University and present its recommendations to the Council;
(b)propose regulations to be made by the Council regarding the eligibility of persons for admission to any programme of the University;
(c)approve candidates for conferment of degrees and grant of diplomas and certificates, or other awards of the University;
(d)recommend to the Council proposals relating to the general improvement of the University;
(e)make and recommend regulations to the Council which will safeguard the academic integrity of the University;
(f)undertake short-term and long-term academic planning of the University;
(g)approve the academic calendar;
(h)approve annual academic reports from various departments;
(i)appoint external examiners;
(j)receive and approve examination results;
(k)propose amendments to the Statutes for approval by the Council;
(l)make recommendations to the Council on financial needs of the University;
(m)consider such other matters as may be of interest to the Senate or as may be delegated to it by the Council; and
(n)establish such departments, institutes, schools and programmes as may assist in carrying out the purpose of the University, on the approval of the University Council.
(5)The Senate may, in the performance of its functions, establish committees for such period and to undertake such functions as the Senate may determine or as may be set out in the Statutes.
(6)The procedure, conduct, regulation of the affairs of the Senate shall be determined by the statutes.

Part IV – ADMINISTRATION OF THE UNIVERSITY

16. Officers of the University

(1)The University shall have principal officers with authority, in the name of the University, to perform the functions conferred on the University under this Charter.
(2)The principal officers shall consist of—
(a)the Vice-Chancellor;
(b)the Deputy Vice-Chancellor;
(c)the Registrars;
(d)the University librarian;
(e)the University Chaplain;
(f)the Dean;
(g)the Director; and
(h)any other member of the University as the Council may approve.

17. Vice-Chancellor

(1)There shall be a Vice-Chancellor appointed by the Council.
(2)The Vice-Chancellor shall be appointed on such terms and conditions of service determined by the Council and set out in the Statutes and instruments of appointment.
(3)The Vice-Chancellor shall—
(a)be the administrative and academic head of the University;
(b)have the overall responsibility for the leadership and direction to the overall mission of the University;
(c)be responsible to the Board and the Council for the general conduct and discipline of staff and students of the University;
(d)act as the representative of the University and its spokesperson on its external matters; and
(e)carry out any other duties and responsibilities as may be specified in the Statutes.
(4)The office of the Vice-Chancellor shall fall vacant—
(a)upon the expiry of the term of office;
(b)if, by notice in writing addressed to the Council, the Vice-Chancellor resigns;
(c)the Board, being satisfied that the member is by reason of physical or mental infirmity unable to perform his functions, resolves to retire the member;
(d)if the Vice-Chancellor fails to perform the duties of his or her office for without a valid reason; or
(e)upon his or her death.

18. The Deputy Vice-Chancellor

(1)The Council shall, on recommendation of the Senate appoint the Deputy Vice-Chancellor to assist the Vice-Chancellor in such matters as the Council shall determine.
(2)The Deputy Vice-Chancellor shall be appointed upon such terms and conditions of service determined by the Council and as set out in the statutes and the instruments of appointment.

19. Registrar

(1)There shall be a Registrar appointed by the Council.
(2)Terms of employment, duties and responsibilities of the Registrars shall be prescribed by the Statute.

20. University librarian

(1)There shall be a University librarian appointed by the Council.
(2)The duties and responsibilities of the University librarian shall be prescribed under the Statutes.

21. University Chaplain

(1)There shall be a University Chaplain appointed by the Council.
(2)The duties and responsibilities of the University Chaplain shall be prescribed under the Statutes.

22. The Dean

(1)There shall be a Dean appointed by the Council, in consultation with the Vice-Chancellor.
(2)The duties, responsibilities and terms of appointment of the Dean shall be prescribed in the Statutes.

23. The Director

(1)There shall be a Director appointed by the Council, in consultation with the Vice-Chancellor.
(2)The duties, responsibilities and terms of office of the Directors shall be prescribed in the Statutes.

24. Other principal officers

(1)The Council shall appoint such other principal officers in the manner prescribed in the Statutes.
(2)The duties, responsibilities and terms of office of the Principal Officers shall be prescribed by the Statutes or the instrument of appointment.

25. Staff of the University

(1)The University shall have academic and administrative staff.
(2)The academic staff shall consist of members of staff engaged in teaching or research work and designated by the Council as academic staff.
(3)The administrative staff shall consist of members of staff not engaged in teaching or research work and designated by Council as administrative staff.
(4)Members of University staff are subject to the authority of the Council and responsible to the Vice-Chancellor.
(5)Except as the Council otherwise directs, all person who were members of the staff of Kenya Highlands Bible College immediately before the commencement of this Charter shall be members of staff of the University and shall be deemed to have been appointed under this Charter on the terms and conditions of service applicable to them immediately before the Commencement of this Charter.
(6)The University staff may establish a University Staff Welfare Association to cater for welfare of the University staff members which shall operate in the manner set out in the statutes or in the association's constitution and approved by the Council.

26. Performance of duties during the incapacity of the Vice-Chancellor and other senior officers

(1)In the event of the incapacity or absence of the Vice-Chancellor, the functions of the Vice-Chancellor shall be performed by the Deputy Vice-Chancellor.
(2)In the event of the incapacity or absence of the Vice-Chancellor and Deputy Vice-Chancellor, the functions of the Vice-Chancellor, the Council may appoint a senior officer to perform the duties of the incapacitated or absent Vice-Chancellor or Deputy Vice-Chancellor.
(3)In the event of the incapacity of any other faculty member or member of staff of the University other than the Vice–Chancellor, the Vice-Chancellor shall appoint a suitable person with the relevant training and experience, to perform the functions of the member during the period of incapacity.
(4)For the purposes of this section—
(a)"absence" means absence from Kenya; and
(b)"incapacity" means the inability for any reason to perform the functions of the office held.

27. Student Association

(1)There shall be a Student Association of the University to be known by any other name as may be provided for under the Statutes and which shall consist of all full-time students of University.
(2)The Student Association shall undertake such functions as set out in the association's constitution and approved by the Council.
(3)Subject to the provision of this Charter, Statutes and the association's constitution, the student association shall have the right to meet and discuss any matter relating to the student welfare and to communicate concerns and resolutions thereof to the Senate through the Dean of Students.

28. Alumni Association

(1)There shall be an Alumni Association of the University to be known by a name to be provided for by the Statutes.
(2)The Alumni shall consist of graduates of—
(a)the Kenya Highlands University; and
(b)other institutions, as the Statutes may prescribe.
(3)The Alumni Association shall have the right to meet and discuss any matter relating to the University and to present resolutions thereof to the Council and the Senate.
(4)The Alumni Association shall exercise such powers and functions as may be provided for in the Statutes.
(5)The Alumni Association shall be governed in accordance with the Constitution of the Association approved by the Council or in the matter as may be specified in the Statutes.[L.N. 52/2021, r. 6.]

Part V – FINANCIAL PROVISIONS

29. Financial Year and Budget

(1)The fiscal year of the University shall be the period of twelve months beginning on the 1st day of January in each year or on such other date as the Council may, by resolution otherwise 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 the new Financial Year, the transitional period, whether more or less than twelve months, shall be regarded as a Financial Year for the purposes of this Charter.

30. Annual budget

(1)Not less than four months before the commencement of a fiscal year, the Management Board shall cause to be prepared annual estimates of the University for that year and submit it to the Council for approval.
(2)The annual budget shall make provision for all the estimated expenditure of the University for the financial year in the performance of its functions, and in particular shall provide—
(a)for the payment of salaries, allowances and other charges in respect of the staff of the University;
(b)for the payment of any pensions, gratuities and other charges in respect of retirement benefits which may be payable out of the funds of the University;
(c)for the proper development and maintenance of the University infrastructure;
(d)for the funding of the cost of training and research activities of and in the University;
(e)for the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits insurance or replacement of equipment and other resources necessary to support the University objects; and
(f)for the operating and capital costs of the University.
(g)No expenditure shall be incurred for the purposes of the University except in accordance with the annual budget approved by the Council or in pursuance of an authorization by the Council.

31. Accounts and Audit

(1)The Council shall cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities.
(2)Within a period of three months from the end of each fiscal year, the Vice-Chancellor shall submit to the auditor, audited accounts of the University together with a statement of income and expenditure during the year and a statement of the assets and liabilities of the University on the last day of that year together with all other relevant documents and information pertaining to the financial affairs of the University.
(3)The accounts of the University shall be audited annually by a reputable firm of auditors appointed by the Council on such terms and conditions as the Council may determine.
(4)An auditor appointed under subsection (2) shall, within a period of six months after the end of the fiscal year, report on the examination and audit of the accounts of the University to the Council.

32. Funds and resources of the University

Funds and resources of the University may be derived from—
(a)donations and grants made to the University;
(b)endowments;
(c)gifts, bequests and trusts;
(d)tuition and other fees;
(e)income from auxiliary activities and income generating projects; and
(f)other sources as the University may from time to time identify.

33. Investment of funds

(1)The Council may invest any of the funds of the University not required for its purpose as the Council may from time to time approve.
(2)The Council may place on deposit with such banks or financial institutions as it may determine any monies not immediately required for the purpose of the University.

34. Pension scheme

(1)The Council may establish a pension scheme for all University employees.
(2)The scheme shall be governed by such rules and policies as shall be approved by the Council and set out Statutes.

Part VI – MISCELLANEOUS PROVISIONS

35. Statutes

(1)In the performance of its functions under this Charter, the Council shall, subject to the Charter, make statutes for the governance, control and management of the University, for the better carrying into effect of the purposes connected therewith, and in particular for the—
(a)approval of the establishment of schools, institutes, and affiliated departments of the University;
(b)description of degrees, diplomas and certificates;
(c)requirements for the award of degrees;
(d)conduct of examinations;
(e)prescription of fees and other charges;
(f)terms and conditions of service including appointments, discipline, remuneration, and retirement benefits of members of staff of the University;
(g)composition and procedures of the Council, and the establishment, composition and terms of reference of the committees of the Council;
(h)the composition and procedures of the General Faculty Assembly and the establishment, composition and terms of reference for its committees;
(i)the rules and regulations for students, the Students Association and other student organizations; and
(j)providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the Statutes.
(2)Statutes shall be made by a resolution passed at one meeting of the Council by at least three quarters of the members present and voting, such majority being not less than half of the total membership of the Council and confirmed at a subsequent meeting held not less than one or more than twelve months thereafter.
(3)Any Statute under this Charter may be amended or revoked by a resolution of two-thirds of the full membership of the Council.

36. Protection of Name

(1)Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies or business names shall accept for such registration any name which includes the word "University" together with the words "Kenya Highlands" unless the application or such registration is accompanied by the written consent of the Council.
(2)A person shall not, except with the written consent of the Council, uses the word "university" together with the words "Kenya Highlands", in furtherance of or in connection with any advertisement for any trade, business, calling or profession.
(3)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 or her of a degree or diploma by the University.[L.N. 52/2021, r. 7.]

37. Dissolution of the University

In the event of the dissolution of the University by revocation of the Charter or in the event of wincing up of the University for whatever reason, or if the University ceased to exist, all assets or income remaining after payment of all reasonable expenses and liabilities properly incurred shall revert to the Trustees or be distributed to one or more organizations in the Republic of Kenya of a similar legal nature, aims and objectives as the University as the Trustees may in their sole and absolute discretion determine.
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History of this document

31 December 2022 this version
30 April 2021
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29 April 2011
Commenced
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