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The Africa International University Charter

Legal Notice 42 of 2011

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The Africa International University Charter
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Legal Notice 42 of 2011
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Universities Act
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LAWS OF KENYA

UNIVERSITIES ACT

THE AFRICA INTERNATIONAL UNIVERSITY CHARTER

LEGAL NOTICE 42 OF 2011

  • Published in Kenya Gazette Vol. CXIII—No. 39 on 29 April 2011
  • Commenced on 29 April 2011
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

SCHEDULE

WHEREAS the Board of Trustees of Africa International University, situated in the Republic of Kenya, wishes to establish an institution in the name of Africa International University;AND WHEREAS the said Africa International 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 (Cap. 210);AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of Africa International University are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for Higher Education is also satisfied that Africa International University has complied with the rovisions 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 Higher Education, Science and Technology on the said institution, and the Cabinet Secretary is satisfied that Africa International University be granted the Charter;AND WHEREAS the Cabinet Secretary for Higher Education, Science & 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 the powers conferred upon me by section 12 of the Universities Act (Cap. 210B), I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces, grant the Charter annexed hereto to Africa International University.

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the Africa International University Charter.

2. Interpretation

In this Charter, unless the context requires otherwise—"Alumni Association" means the Association of all graduates and former students of the University established under section 29;"Board" means the Board of Trustees of Africa International University incorporated under the Trustees (Perpetual Succession) Act (Cap. 164);"Chancellor" means a person appointed as such under section 12;"Council" means the University Governing Council established, under section 13;"Executive Board of the Association of Evangelicals in Africa" means the governing body of the Association of Evangelicals in Africa that is charged with exercising governance responsibilities of the Association;"Fiscal year" means the financial year of the University referred to in section 32;"Librarian" means the person appointed as such under section 22;"Management Board" means the University Management Board established under Section 16;"Registrar" means a person appointed as such under section 21;"School" means a constituent school of Africa International University established by the Council;"Senate" means the Senate of the University established under section 15;"Student" means a person registered by the University for the purpose of obtaining a qualification of the University or any other person who is determined by the Council to be a student;"Student Association" means the body of the students of the University established under Section 28;"University” means the Africa International University established under section 3;"University Staff Welfare Association" means the representative body of the staff of the University established under section 30; and"Vice-chancellor” means a person appointed as such under section 19.

Part II – ESTABLISHMENT FUNCTIONS AND POWERS OF THE UNIVERSITY

3. Establishment and Incorporation of the University

(1)There is established a private non-profit making university to be known as Africa International 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, 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 such other things or acts necessary for the proper discharge of its functions under this Charter, which may be lawfully performed or done by a corporate body.
(3)The University shall be the successor to Nairobi Evangelical Graduate School of Theology.
(4)All rights, liabilities and assets held by or any other body on behalf of Nairobi Evangelical Graduate School of Theology, existing at the commencement of this Charter, shall be automatically and fully transferred to the University.

4. 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 authorise.
(2)The Common Seal of the University shall be authenticated by the signature of the Vice-Chancellor and one other person authorised 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.

5. The University Philosophy

(1)The University's philosophy seeks to participate in God’s mission in the world by bringing a Christ-centred world-view to bear on knowledge, research and its relevance to both the mission of God and the needs of Africa, and this mandates that the academic and non-academic staff are faithful to the evangelical faith and practice.
(2)The University admits primarily, though not exclusively, students who abide to this faith as well as meeting the institution's academic and character requirements and without exception, members of the University shall be faithful to the Christian ethos and code of conduct of the University.

6. The University Statement of Faith

The University is founded on the Bible and its revelation of Jesus Christ and thus its constitution enshrines the Statement of Faith of the Association of Evangelicals in Africa which reads as follows—We believe in—
(a)THE HOLY SCRIPTURES of the Old and the New Testament (a total of 66 Books) are the Word of God. It is divinely inspired, infallible, inerrant, and entirely trustworthy and serves as a supreme authority in all matters of faith and conduct (2 Tim. 3:16-17);
(b)GOD IS ONE. The one God is eternally self-existent in three Persons: Father, Son and Holy Spirit (Deut. 6: 4-5; Mt. 28:19);
(c)JESUS CHRIST is Saviour and Lord. As God, He was manifest in the flesh. We believe His virgin birth; His sinless human life; His divine miracles; His vicarious and atoning death, His bodily resurrection; His ascension; His mediatorial work; and His future personal return in Power and Glory (Lk. 1:32-33; Jn. 1:1-4; 1 Tim. 2:5-6; 6:13-16);
(d)HOLY SPIRIT IS GOD. As the third Person in the Godhead, He indwells every believer upon conversion and enables the believer to live a holy life; to witness in power; and to work for the Lord Jesus Christ (Act. 5:3-4; Mt. 28:19; Acts. 1:8);
(e)MAN was made in the image of God and sinless. By choice Man fell out of favour into sin. In God's mercy, SALVATION comes to every lost and sinful person freely and simply by faith in Jesus Christ who shed His blood for sin, and through regeneration by the Holy Spirit (Gen. 1:26- 28; 3:1-21; Jn. 1:11-13), 1 Cor. 12:13);
(f)All believers in Jesus Christ are ONE BODY, the Church, of which He is the Head (1 Cor. 12:13; Eph. 2:14-22);
(g)SATAN is a fallen angel whose intent is to supplant God and frustrate His purpose, and whose ultimate end is consignment to eternal punishment (Lk. 10:17-18; Rev. 20:10);
(h)BODILY RESURRECTION of all the dead will take place someday. Believers in Christ will rise unto everlasting blessedness while unbelievers will rise unto judgment and everlasting punishment (Rev. 20:11-15; 2 Cor. 5:9-10).

7. The Objectives and Functions of the University

(1)The Objectives of the University shall be to—
(a)encourage growth in Christian character for faithful service to the church and society through various professions;
(b)promote informed, reflective and effective engagement in the major issues and challenges facing the church and society in Africa;
(c)enable each student to develop critical and creative, analytical and innovative thinking and research skills to address the concerns and needs of African Christianity and society;
(d)build institutional capacity for research, transmission and preservation of knowledge;
(e)offer undergraduate and postgraduate education and non-formal programmes that will enhance the academic and personal development of students as life-long learners; and
(f)stimulate and nurture Christian mission, witness and service in church and society.
(2)The functions of the University shall be to—
(a)provide resources for the level of education, training and research to be carried out at the University;
(b)determine the teaching staff and set out the curriculum and other teaching guides to be used in the University;
(c)conduct research;
(d)preserve, process, transmit and disseminate knowledge;
(e)conduct examinations, grant degrees, diplomas and certificates and other awards as provided in the Statutes of the University;
(f)train and nurture holistic development of students; and
(g)establish Divisions, Departments, Colleges, Schools, Institutes and Centres that may aid it in realizing its mission and objectives.

8. Powers of the University

The University shall do all things necessary or convenient to be done in connection with the performance of its function, and may—
(a)establish colleges, divisions, departments, schools, centres, campuses or institutes of the University in a manner provided for in the Statutes;
(b)confer certificates, diplomas, bachelors degrees, masters degrees, doctorate degrees and post-doctorate awards;
(c)confer honorary degrees or academic distinction or awards upon a person or persons 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.

Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

9. Membership

The members of the University shall be—
(a)the Chancellor:
(b)members of the Council;
(c)the Vice-Chancellor:
(d)the Deputy Vice-Chancellors;
(e)members of the Management Board;
(f)members of the Senate;
(g)members of the academic staff;
(h)the Registrar;
(i)the Librarian;
(j)non-academic staff; and
(k)any other members of Staff of the University, Students, the Alumni, or other person or body formally admitted or co-opted into association by the University.

10. 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; and
(e)the Senate.

11. Board of Trustees

The Board of Trustees shall be vested with powers to—
(a)safeguard and uphold the vision of the University;
(b)appoint or remove any member of the University including the Chancellor;
(c)receive and review reports on the development, operation and progress of the University;
(d)receive reports on the budget performance and implementation of the University's financial management policies;
(e)generate resources for the development of the University.

12. The Chancellor

(1)There shall be a University Chancellor appointed by the Board.
(2)The Chancellor shall serve for a period not exceeding six years and shall be eligible for reappointment for one further term of six years.
(3)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, in consultation with the Council, direct an inspection of the University or an inquiry into the teaching, research or any other work of the University, if necessary, or as assigned by the Board;
(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)give advice to the Board which he or she considers necessary for the betterment of the University.
(4)In the event of incapacity of the Chancellor, the Board, in consultation with the Council, shall appoint such other person as it may consider necessary to perform those functions during his or her absence or incapacity.
(5)The office of the Chancellor shall fall vacant—
(a)upon the expiry of the term as provided under this Charter;
(b)if, by notice in writing addressed to the Chairperson of the Board, the Chancellor resigns;
(c)if the Board is satisfied that the Chancellor is, by reason of physical, mental infirmity, misconduct or conflict of interest, unable to exercise the functions of his or her office;
(d)if the Chancellor is adjudged bankrupt or makes any arrangements or propositions with creditors generally;
(e)if the Chancellor fails to perform the duties of his or her office for a continuous period of six months without a valid reason; or
(f)upon the Chancellor's death.

13. The University Governing Council

(1)There is established a Council to be known as the University Governing Council appointed by the Board.
(2)The Council shall consist of—
(a)a Chairperson;
(b)not more than a third of the total number of the members of the Board;
(c)the Secretary-General of the Association of Evangelicals in Africa;
(d)two representatives of the Association of Evangelicals in Africa nominated by the Executive Board of the Association of Evangelicals in Africa;
(e)chairperson of the Alumni Association; and
(f)the Vice-Chancellor, who shall be the secretary and an ex officio member.
(3)The term of office of a member of the Council, other than an ex officio, shall be determined by the Board from time to time.
(4)A member of the Council is eligible for re-appointment upon expiry of his or her term at the discretion of the Board.
(5)The procedure, conduct and regulation of the affairs and meetings of the Council shall be as prescribed in the Statutes.
(6)The office of a member of the Council shall fall vacant—
(a)if, not being an ex officio member, he or she resigns in writing addressed to the Chairperson of the Council or holds an executive or paid office in the University;
(b)if the Council is satisfied, and upon approval by the Board, that a member is, by reason of physical or mental infirmity or otherwise, unable to discharge his or her duties as required;
(c)if he or she is absent for three consecutive Council meetings without good reason;
(d)if he or she is found to be involved in unbecoming behaviour as determined by the Council in consultation with the Board;
(e)if found to be directly or indirectly involved in any business conflicting with the function of the University and fails to disclose the conflicting interest;
(f)if he or she is declared bankrupt or convicted in a court of law for whose crime is punishable by imprisonment for a term exceeding six months; or
(g)upon his or her death.

14. Functions of the 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)receive, on behalf of the University, donations, endowments, gifts, grants or other moneys or make disbursements from there to other bodies or persons;
(c)provide for the welfare of the staff and students of the University;
(d)enter into co-operation with other Universities, or other institutions of higher learning within Kenya or otherwise as the Council may deem necessary;
(e)appoint senior administrative and teaching staff of the University;
(f)approve, in consultation with the Senate, policies governing the academic affairs of the University;
(g)establish investment policies and to provide for investment of any of the funds of the University in accordance with sound investment guidelines and practice;
(h)make regulations governing the conduct and discipline of the staff and students of the University;
(i)set up sub-committees with specific terms of reference and delegated powers, to assist Council in carrying out its governance functions in defined areas;
(j)provide direction and approval for the expansion and capital development of the University; and
(k)make provision for overall good governance of the University and retain the right to make policies and decisions relative to all matters not otherwise and herein specified or as may be provided in the Statutes.

15. The Senate

(1)There is established a Senate of the University which shall consists of—
(a)the Vice-Chancellor – Chairperson;
(b)the Deputy Vice-Chancellors;
(c)Deans and Directors;
(d)Registrar, in charge of academic – Secretary;
(e)Heads of Departments/Programmes;
(f)full Professors of the University;
(g)the Librarian;
(h)the Chair of the Student Council;
(i)the Secretary of the Student Council; and
(j)other members as may be co-opted on the recommendation of the Vice-Chancellor or the Senate.
(2)The office of a member of the Senate shall fall vacant—
(a)if he or she ceases to be a member of the University;
(b)if his or her membership contravenes any of the membership requirements;
(c)if he or she is adjudged bankrupt;
(d)if, by majority vote of the members of the Senate present and voting, and with approval of the Board, his membership is revoked; or
(e)if he or she dies.
(3)The functions of the Senate shall be to—
(a)resolve all academic matters and the related budgetary proposal, and make proposals for consideration by the Council;
(b)manage, evaluate and review all academic programmes, courses, and the quality, instruction, research, standards, guidelines, provisions, and regulations of the University programmes;
(c)admit students into the relevant programmes subject to stipulated policies of the Council on admissions;
(d)examine and certify candidates for award of degrees and diplomas and to recommend the same to the Council;
(e)make recommendations to the Council on academic administration, including the establishment of Faculties, Schools, Centres, Departments, Campuses, Institutes and equivalent bodies as may be required;
(f)make recommendations on staff appointments for consideration by the Council; and
(g)regulate the discipline of the students of the University.
(4)The Senate may, in performance of its functions, establish committees to undertake such functions as the Senate may delegate or as may be provided for in the Statutes.
(5)The procedure, conduct, regulation of the affairs and meetings of the Senate shall be determined by the Statutes.

16. The Management Board of the University

(1)There shall be a Management Board of the University comprising the Vice-Chancellor, Deputy Vice-Chancellors and other Officers as the Council may determine.
(2)The Vice-Chancellor may appoint additional members from among senior members of the University to the Management Board upon authorization by the Council.
(3)The Management Board may co-opt any member of the staff of the University to the Management Board under such terms and conditions as the Management Board may determine.
(4)The procedure, conduct, regulation of the affairs and meetings of the Management Board shall be prescribed in the Statutes.

17. Functions of the Management Board of the University

The Management Board shall assist the Vice-Chancellor in the day to day management of the University, and in particular, shall be responsible for—
(a)implementation of the policies of the University in consonance with good governance principles, sound administrative regulations and practice, and due diligence for all matters necessary for the effective operation of the institution;
(b)resolving general administrative matters and making a report to the Council;
(c)collating, resolving and finalizing the total institutional budgets with reference to all the academic and administrative departments, and presenting the same to the Council for approval;
(d)exercising responsibility for the human resource needs of the University by making provision for the hiring, promotion, and release of staff and employees;
(e)developing, directing and executing fund raising strategies for the University including the settling of fees and charges, within delegated authority or for reference to the Council;
(f)preparing and submitting the annual University budget to the Council for approval.

Part IV – ADMINISTRATION OF THE UNIVERSITY

18. 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 include—
(a)the Vice-Chancellor;
(b)the Deputy Vice-Chancellors;
(c)Registrar;
(d)the University Librarian;
(e)Deans and Directors;
(f)Dean of students; and
(g)any other member of the University as the Council may approve.

19. The Vice-Chancellor

(1)There shall be a Vice-Chancellor appointed by the Council.
(2)The Vice-Chancellor shall—
(a)have the overall responsibility for the direction, organisation, development, administration and academic programmes of the University;
(b)be the chairperson of the Management Board and the Senate;
(c)be responsible to the Board and the Council for the general conduct and discipline of the students and staff of the University;
(d)be the Secretary to the Council;
(e)act as a representative of the University and its spokesperson on its external matters; and
(f)carry out any other duties and responsibilities as may be assigned by the Board.
(3)The Vice-Chancellor shall be appointed upon the terms and conditions of service prescribed by the Statutes and shall be eligible for re-appointment upon expiration of his or her term.
(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)if the Council is satisfied that the Vice-Chancellor is, by reason of physical or mental infirmity, unable to exercise the functions of his or her office;
(d)if the Vice-Chancellor is declared bankrupt or makes any arrangements or propositions with creditors generally;
(e)if the Vice-Chancellor fails to perform the duties of his or her office without a valid reason; or
(f)upon the Vice-Chancellor's death.

20. The Deputy Vice-Chancellors

(1)The Council shall, on recommendation of the Senate, appoint the Deputy Vice-Chancellor(s) to assist the Vice-Chancellor in matters pertaining to academic and administrative functions of the University.
(2)The Deputy Vice-Chancellor(s) shall be appointed upon the terms and conditions of service prescribed by the Statutes or as the Council may determine.

21. Registrar

(1)There shall be the Registrar of the University appointed by the Council.
(2)Terms of employment, duties and responsibilities of the Registrar shall be prescribed by the Statutes or the instrument of appointment.
(3)The Registrar shall be answerable to the Deputy Vice-Chancellor.

22. University Librarian

(1)There shall be the University Librarian appointed by the Council.
(2)The duties and responsibilities of the University librarian shall be prescribed by the Statutes or the instrument of appointment.

23. Deans, Academic Heads and Chairpersons of the University

(1)There shall be Deans, Academic Heads and Chairpersons of schools, institutes, centres, campuses or other establishments of the University appointed by the Council.
(2)The duties, responsibilities and terms of office of the Deans of faculties, schools or institutes shall be prescribed by the Statutes or the instrument of appointment.

24. Directors

(1)There shall be office of the Directors of the University appointed by the Council.
(2)The duties, responsibilities and terms of office of the Directors shall he prescribed in the Statutes or the instruments of appointment.

25. Dean of Students

(1)There shall be the Dean of Students appointed by the Council.
(2)The duties, responsibilities and terms of appointment of the Dean of Students shall be prescribed by the Statutes or the instrument of appointment.

26. Heads of Departments

(1)There shall be heads of departments of the University appointed by the Council.
(2)The duties and responsibilities of the heads of departments shall be prescribed by the Statutes or the instrument of appointment.

27. 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, determined by the Council.
(3)The Administrative staff shall consist of members of staff, not engaged in teaching or research work, determined by the Council.
(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 persons who were members of the staff of Nairobi Evangelical Graduate School of Theology immediately before the commencement of this Charter shall be members of the 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.

28. Students' Association

(1)There shall be a Students' Association to be known by any other name as may be provided for under the Statutes, to represent the student community and act as the main forum through which students may express their views and in particular—
(a)give leadership to the Students;
(b)oversee and plan student activities that promote spiritual and social well being among all students;
(c)promote harmonious community life; and
(d)make suggestions to the Senate or Management Board that are felt to be in the interest of the student body.
(2)The Students' Association shall operate under the general direction of the Council, as may be prescribed by the Statutes.

29. 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)Africa International University; or
(b)other institutions, as the Statutes may prescribe.
(3)The functions of the Alumni shall be to—
(a)bring together graduates who qualify to be members for purposes of providing services that contribute to the University's development;
(b)promote the University's welfare and image; and
(c)provide suggestions to the University leadership with regard to University development.

30. University Staff Welfare Association

There shall be a University Staff Welfare Association which shall cater for the welfare of the University Staff members and shall operate under the provisions of the Statutes.

31. Performance of functions in the absence of office holder

(1)In the event of the incapacity or absence of the Vice-Chancellor, the functions of the Vice-Chancellor shall be performed by a Deputy Vice-Chancellor.
(2)In the event of the incapacity or absence of the Vice-Chancellor and the Deputy Vice-Chancellor, the Council shall appoint a suitable person to perform the duties of the incapacitated or absent Vice-Chancellor or Deputy Vice-Chancellor.
(3)In the event of incapacity of any other member of staff, the Vice-Chancellor shall, in consultation with the Council, appoint a suitably qualified person to perform the duties of the incapacitated or absent member for a specified period.
(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.

Part V – FINANCIAL PROVISIONS

32. The University Fiscal Year

(1)The fiscal year of the University shall be the period of twelve months commencing the 1st January of each year or on such other date as the Council may, by resolution, determine.
(2)In the event of any change in the fiscal year, and for the purposes of the transition from the old fiscal year to a new fiscal year, consequent upon such change, the transitional period, whether more or less than twelve months, shall be deemed for all purposes of this Charter to be a fiscal year.

33. Annual Budget

(1)Before the commencement of the fiscal year, the Management Board shall prepare estimates of revenue and expenditure of the University for that year and submit the same to the Council for approval.
(2)The annual budget, developed from the estimates, shall make provision for all the estimated expenditure of the University for the fiscal year concerned, and in particular shall provide—
(a)for the payment of all 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 buildings and grounds of the University;
(d)for the proper maintenance, repair and replacement of the equipment and other moveable property of the University;
(e)for the funding of the cost of teaching and research activities of and in the University;
(f)for the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters as the Council may think fit; and
(g)for the operating and capital costs of the University.
(3)No expenditure shall be incurred for the purposes of the University except in accordance with an annual budget approved by the Council or as the Council may authorize.

34. Accounts and Audit

(1)The Council shall cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities of the University.
(2)Within a period of three months from the end of each fiscal year, the Management Board, on behalf of Council, shall submit to the auditor the accounts of the University together with—
(a)a statement of income and expenditure during the year;
(b)a statement of the assets and liabilities of the University on the last day of such year; and
(c)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 an auditor appointed by the Council on such terms and conditions as the Council may determine.
(4)Within a period of six months after the end of the fiscal year, the auditor shall report on the examination and audit of the accounts of the University to the Council.

35. Funds and Resources

(1)Funds and resources of the University may be derived from—
(a)tuition and other fees;
(b)donations and grants made to the University;
(c)endowments;
(d)gifts, bequests and trusts;
(e)income from auxiliary activities such as consultancy; and
(f)other sources as the University may from time to time identify.
(2)Any funds received by the University from any donor shall be used or channelled exclusively for the intended purpose as agreed between such donor and the University
(3)The University shall not accept funds which may limit or compromise its freedom or integrity.

36. Investment of Funds

The Management Board, with approval of the Council may invest any of its funds not immediately required for its purposes, as it may determine.

Part VI – MISCELLANEOUS PROVISIONS

37. Statutes

(1)In the performance of its functions under this Charter, the Council shall, subject to the provisions of this Charter, make Statutes generally for the government, control and administration of the University and for the better carrying into effect of the purposes of this Charter, and in particular for the—
(a)establishment of policies, programs, facilities, departments, institutes, schools and constituent colleges that will fulfil the purposes of the University;
(b)description of degrees, diplomas and certificates;
(c)requirements for the award of degrees;
(d)conduct of examination;
(e)prescribing fees and other charges;
(f)settlement of terms and conditions of service including the appointment, dismissal, remuneration and retiring benefits of members of staff of the University;
(g)reviewing of the actions of the Senate, to assign responsibilities to the Senate, and to appoint and to establish the composition and the terms of reference of committees of the Council and Senate that may be necessary for the proper functioning of the University;
(h)procedure of meetings of the Council and other bodies including the establishment, composition, and terms of reference of committees of the Council;
(i)establishment of policies concerning the admission of students, their physical and spiritual welfare, and their discipline;
(j)prescribing the rules and regulations for a Student Association or Associations;
(k)providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the Statutes.
(2)Notwithstanding the provisions of this Section, the Council shall not enact, amend or repeal or in any other way modify any Statute relating to the functions and privileges of the Vice-Chancellor or Senate without due consultation with the Vice-Chancellor or Senate.
(3)Statutes shall only be made by a resolution passed at a meeting of the Council supported by majority of not less than three fourths of the members present and voting, being not less than half of the total membership of the Council.

38. Protection of Name

(1)Despite 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 together with the word "university" the words "Africa International" unless the application or such registration is accompanied by the written consent of the Council.
(2)Further, any person or organization who or which, except with the written consent of the Vice-Chancellor or Council, uses the words "Africa International University" or "AIU" in furtherance of, or in connection with any advertisement for any trade, business, calling or otherwise commits an offence and shall be punishable under the relevant Laws of Kenya.
(3)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, diploma or certificate by the University.

39. Variation and Revocation of the Charter

This Charter may be amended, repealed, revoked or otherwise varied in accordance with the provisions of the Universities Act (Cap. 210).

40. Dissolution of the University

In the event of the dissolution of the University by revocation of the Charter or in the event of winding up of the University for whatever reasons, or if the University ceases to exist, all assets or income remaining after payment of all reasonable expenses or liabilities properly incurred shall revert to the Trustees or be distributed to one or more organizations in the, Republic of Kenya with 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
29 April 2011
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