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The Embu University College Order, 2011

Legal Notice 65 of 2011

Repealed
This Legal Notice was repealed on 2018-09-06 by The Charter for the University of Embu, 2019.
The Embu University College Order, 2011
Citation
Legal Notice 65 of 2011
Primary work
Universities Act
Date
17 June 2011
Language
English
Type
Legal Notice
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LAWS OF KENYA

UNIVERSITIES ACT

THE EMBU UNIVERSITY COLLEGE ORDER, 2011

LEGAL NOTICE 65 OF 2011

  • Published in Kenya Gazette Vol. CXIII—No. 56 on 17 June 2011
  • Commenced on 17 June 2011
  1. [Revoked by The Charter for the University of Embu, 2019 (Legal Notice 64 of 2019) on 6 September 2018]

1. Citation

This Order may be cited as the Embu University College Order, 2011.

2. Interpretation

In this Order, unless the context otherwise requires—"Academic Board" means the Academic Board of the University College established under paragraph 13;"alumni association" means the alumni association of the University College established under paragraph 15;"Chancellor" means the Chancellor of the University;"Council" means the Council of the University College constituted under paragraph 11;"Deputy Principal" means the Deputy Principal appointed by the Council of the University College under paragraph 9;"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 paragraph 5;"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 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 paragraph 14;"Minister" means the Minister for the time being responsible for higher education;"Principal" means the Principal of the University College appointed under paragraph 8;"professor" means a full professor of the University College;"registrar" means the registrar appointed by the Council;"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 a qualification of the University College or any other person who is determined by the Academic Board to be a student;"students organization" means an association of the students recognized by the Council being an organization representative of the students of the University College;"University College" means the Embu University College established under paragraph 3;"University" means the University of Nairobi established under section 3 of the Act; and"Vice-Chancellor" means the Vice-Chancellor of the University appointed under section 11 of the Act.

3. Establishment of the university college

(1)There is established a university college to be known as the Embu University College which shall be a constituent college of the University of Nairobi.
(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;
(d)entering into contracts; and
(4)All rights, liabilities and assets held by or by any body on behalf of Embu Agricultural Staff Training College, existing at the commencement of this Order, shall be automatically and fully transferred to the University College.

4. Functions and objects of University College

(1)The objects and functions of the University College shall be—
(a)to provide directly, or in collaboration with other institutions of higher learning, facilities for university education including technological, scientific and professional education and the integration of teaching, research and effective application of knowledge and skills to the life, work and welfare of the citizens of Kenya;
(b)to participate in the research, transmission and preservation and enhancement of knowledge and to stimulate the intellect participation of students in the economic, social, cultural, scientific and technological development of Kenya;
(c)to 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 manpower needs;
(d)to conduct examinations for such academic awards as may be provided in the Statutes pertaining to the University College;
(e)to examine and make proposals for new faculties, schools, institutes, departments, resource and research centres, degree courses and subjects of study;
(f)to play a leading role in the development and expansion of the
(g)opportunities for higher education and research;
(h)to contribute to industrial and technological development through innovation and technology transfer;
(i)to develop as an institution of excellence in teaching, training, scholarship, entrepreneurship, innovation, research and consultancy services;
(j)to participate in commercial ventures and other activities to the benefit of the University College, the community and stakeholders;
(k)to contribute to agricultural, industrial and technological development of Kenya in collaboration with industrial and other institutions through the transfer of appropriate technology;
(l)to develop and provide educational, cultural, professional, technical and vocational services to the community and in particular foster corporate social responsibility and the practical arts;
(m)to provide programmes, products and services in ways that reflect the principles of equity and social justice;
(n)facilitate student exchange and transfer between different programmes at different training institutions, universities and industry; and
(n)foster the general welfare 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 of race, ethnicity, place of origin or residence or other local connections, political opinion, colour, creed, physical ability 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 College, 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. Conferment of degrees, etc.

(1)The degrees and postgraduate diplomas to be awarded by the University College shall be the degrees and postgraduate diplomas conferred by University of Nairobi.
(2)Notwithstanding subparagraph (1), the University College shall have powers to grant diplomas, certificates, or other academic qualifications which may, for the time being, be authorized by the Statutes of the University College.

6. Award of scholarships, bursaries etc.

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

Part III – MEMBERSHIP AND THE GOVERNMENT OF THE UNIVERSITY COLLEGE

7. Membership of the University College

The members of the University College shall be—
(a)the Chancellor of the University;
(b)the Vice-Chancellor of the University;
(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
(k)the librarian of the University College;
(l)the Dean of students;
(m)the Director of ICT services;
(n)the students of the University College;
(o)the Alumni Association; and
(p)such other persons and 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 Minister on advice of the Council, and in consultation with the Chancellor.
(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 sub-paragraph (1), the Minister may appoint the first Principal on the recommendation of the Council of the University of Nairobi and the person so appointed shall be considered to be the Principal appointed under sub-paragraph (1).

9. The Deputy Principal

(1)The Council shall, in consultation with the Chancellor appoint one or more Deputy Principals, 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, directors and chairmen of faculties, etc.

(1)The Council shall, after a competitive process, appoint for each faculty, school, institute, centre, or a department, a dean, director, or a chairman who shall be the academic and administrative head of the faculty, school, institute, centre, or department 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, director or chairman 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.

11. The Council

(1)There shall be a Council of the University College which shall consist of—
(a)the Chairman and Vice-Chairman, both of whom shall be appointed by the President in consultation with the Chancellor;
(b)the Vice-Chancellor the University;
(c)the Principal;
(d)the Permanent Secretary of the Ministry for the time being responsible for higher education;
(e)the Permanent Secretary of the Ministry for the time being responsible for finance;
(f)one person appointed by the Academic Board from among its members;
(g)one person appointed by the Minister to represent associations of technical and vocational training institutions;
(h)one person appointed by the Minister to represent special interest;
(i)one person appointed by the Minister to represent professional associations;
(j)one person nominated by the Alumni Association from among its members;
(k)one person, one nominated by the non-academic staff;
(l)a representative of the student organisation;
(m)not more than two persons co-opted by the Council.
(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 three years, but shall be eligible for re-appointment for one further term.
(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 giving a notice, in writing, to the Principal;
(b)if the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the functions of his office; or
(c)upon his death.
(5)The Principal shall, where the office of a member of the Council falls vacant, 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 exercise prudent leadership, innovative enterprise, and good judgement in directing the University College and shall 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, subject to sub-paragraph (2), 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;
(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 consider 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 not charge or dispose of immovable property of the University College except in accordance with the procedures laid down by the Government of Kenya.
(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 Chairman, the Principal or any other member of the Council generally or specifically authorized by the Council in that behalf.
(4)The Council shall ensure that a proper management structure is in place and that the structure functions to maintain corporate integrity, reputation and responsibility.
(5)The Council shall monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University College.
(6)The Council shall, at least once every year, review the viability and financial sustainability of the University College.
(7)The Council shall ensure that the University College complies with all the relevant laws, regulations, governance practices, accounting and auditing standards.

13. 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 Chairman;
(b)the Deputy Principals;
(c)the deans of the faculties;
(d)the directors of schools, institutes and centres;
(e)the heads of the teaching departments of the University College;
(f)the Registrar in charge of academic affairs;
(g)the librarian;
(h)the Dean of students;
(i)the Director of ICT services;
(j)one representative of each of the faculty or school board appointed by the respective boards from among its members; and
(k)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 chairman of the Academic Board to be confidential and which relate to examinations, the general discipline of students, and other related matters.
(3)The Academic Board shall have the following powers and duties—
(2)The Deputy Principal for the time being in charge of academics shall be the secretary to the Academic Board.
(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 to report its findings thereon to the Senate;
(b)to propose regulations for consideration by the Senate regarding the eligibility of persons for admission to a course of study;
(c)to propose regulations for consideration by the Senate regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificate or other award of the University College;
(d)to decide which persons have attained the prescribed standard of proficiency and are fit to be granted a degree, diploma, certificate or other award of the University College and to report its decision thereon to the Senate; and
(e)to make regulations governing such other matters as are within its powers in accordance with this Order or the Statutes.
(4)Notwithstanding the provision of this Order, the Senate shall not initiate any action in respect of paragraph (3) (a), (b), (c) or (d) except upon receipt of a report or proposal thereunder and the Senate shall not reject the report, or reject or amend any regulations as proposed without reference to the Academic Board.

14. Management Board

(1)There shall be established a Management Board which shall consist of—
(a)the Principal, who shall be the chairman;
(b)the Deputy Principals;
(c)the Registrar in charge of administration, who shall be the secretary;
(d)the Finance Officer; and
(e)such other member of senior management as the Council may determine.
(2)The Management Board shall assist the Principal in the day to day management of the University College and shall 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 coordination of the University College strategic and development plans; and
(d)any other matter related to the management of the University College.

15. Alumni association

(1)There shall be an alumni association of the University College which shall consist of graduates of the University College and such other persons as may be prescribed by the Statutes.
(2)The alumni association shall have the right to meet and discuss any matter relating to the University College and convey its resolutions to the Council, the Academic Board, or the Senate, and may exercise such other functions as the Statutes may prescribe.

16. Staff of the University College

(1)The staff of the Embu Agricultural Staff Training College existing prior to the commencement of this Order including those on secondment are eligible for employment by the University College subject to appraisal by the Council in accordance with the Statutes.
(2)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.
(3)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.
(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 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 considered 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 absence of office holder

(1)In the event of the incapacity of the Principal, the Chairman 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 chairman 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.
(4)In this paragraph „incapacity" means absence from Kenya or inability, for any other reason, to perform the functions of the office concerned.

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, trust 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 development; and
(g)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.
(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 Minister for approval, and after the Minister has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Minister.
(5)Expenditure shall not be incurred for the purpose of the University College except in accordance with the annual estimates approved under subparagraph (4) or in accordance with an authorization of the Council given with the prior approval of the Minister.

21. Accounts and audit

(1)The Council shall cause to be kept all proper books of accounts of the income, expenditure and assets and of the University College.
(2)Within a period of three months from the end of each financial year, the Council shall submit to theController and Auditor-General, 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 (No. 12 of 2003).
(4)The Controller and Auditor-General may transmit to the Minister 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

22. Common seal and signification of documents

(1)The common seal of the University College shall be kept in such custody and used only as the Council shall direct.
(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.

23. 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, and institutes 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)conduct of examinations;
(e)prescribing fees and other charges;
(f)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;
(g)constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and
(h)providing for or prescribing anything, which, under this Order, may be provided for or prescribed by Statutes.
(2)Notwithstanding sub-paragraph (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 Act (Cap. 2) shall not apply to the Statutes or to the regulations.

24. Protection of name

(1)Despite 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 "Embu University" together with word "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 "Embu University" together with the word "College" in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall be liable to a fine of one million shillings and imprisonment for a term of twelve months or to both: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 University of Nairobi 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.
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History of this document

06 September 2018
17 June 2011 this version
Commenced