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The Mount Kenya University Charter

Legal Notice 8 of 2011

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The Mount Kenya University Charter
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Legal Notice 8 of 2011
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Universities Act
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LAWS OF KENYA

UNIVERSITIES ACT

THE MOUNT KENYA UNIVERSITY CHARTER

LEGAL NOTICE 8 OF 2011

  • Published in Kenya Gazette Vol. CXIII—No. 14 on 11 February 2011
  • Commenced on 11 February 2011
  1. [Amended by Universities Act - Mount Kenya University Charter - Amendment (Legal Notice 49 of 2016) on 24 March 2016]
  2. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

SCHEDULE

WHEREAS the Board of Directors of Mount Kenya University, situated in the Republic of Kenya, wishes to establish an institution in the name of Mount Kenya University;AND WHEREAS the said Mount Kenya 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 Mount Kenya University are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for Higher Education is also satisfied that Mount Kenya University has complied with the provisions of the Act, and the Universities Rules, 1989;AND WHEREAS the Commission for Higher Education has submitted a draft Charter, the text whereof is annexed hereto, to the Cabinet Secretary for Higher Education, Science, and Technology on the said institution, and the Cabinet Secretary is satisfied that Mount Kenya University 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 the powers conferred upon me by section 12 of the Universities Act (Cap. 210), I, Mwai Kibaki, President and Commander-in-Chief of the Kenya Defence Forces of the Republic of Kenya, grant the Charter annexed hereto to Mount Kenya University.[L.N 49 of 2016, s. 1.]

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the Mount Kenya University Charters 2011.

2. Interpretation

In this Charter, unless the context otherwise requires—"Alumni" means the Association of graduates of the University established under section 36;"Board" means the Board of Directors of the financial owners of the university incorporated as Universal Education Group Limited under the Companies Act (Cap 486);"Campus" means a tuition facility used wholly or partly for the conduct of university education;"Constituent Campus" deleted by L.N. 49 of 2016, s. 2(b);"Centre" means a facility used wholly or partly for the marketing, or promotion of Online Distance Education Learning Centres (ODEL) of the University;"Chancellor" means a person appointed as the Chancellor of the University under section 11;"College" means a group of related schools or institutes established by the University;"Constituent College" means a semi-autonomous establishment of higher education established by the University;"Council" means the University Council established under section 13;"Dean" means the person appointed to head a faculty, school or an institute of the University under section 29 including the Dean of Students appointed under section 31;"Faculty" means an academic sub-division of the University established under this Charter;"financial owner" means a person or group of persons involved in the financing, development and management of the University either as sponsors or stakeholders;"graduate" means a person whom upon a degree or other award has been conferred by the University under this Charter;"Management Board" means the Management Board of the University established under section 15;"non-profit making" deleted by L.N. 49 of 2016, s. 2(e);"Principal" means the head of a college or constituent college;"Pro-Chancellor" means a person appointed as the Pro-Chancellor of the University under section 12;"Registrar" means a person appointed as the Registrar under section 23;"School" means a group of related programmes or departments established by the Senate;"Senate" means the Senate of the University established under section 17;"Staff" means the staff of the University engaged by the University Council pursuant to section 34;"Statutes" means Statutes made by University under section 43;"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;"University" means Mount Kenya University; and"Vice-Chancellor" means a person appointed as the Vice-Chancellor of the University in accordance with section 19.[L.N. 49 of 2016, s. 2.]

Part II – ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY

3. Establishment and Incorporation of Mount Kenya University

(1)There is established a university to be known as Mount Kenya 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)Mount Kenya University shall be the successor of Thika Institute of Technology.
(4)All rights, liabilities and assets held by or by any other body on behalf of Thika Institute of Technology, existing at the commencement of this Charter, shall be automatically and fully transferred to Mount Kenya University.[L. N 49 of 2016, s. 3.]

4. Vision, Mission and Philosophy of University

(1)The vision of Mount Kenya University is to be a role model of excellence in science and technology education and training in Africa.
(2)The mission of Mount Kenya University is to provide world class teaching, research and innovative extension services for sustainable scientific and technological development.
(3)The University's philosophy is to harness knowledge and skills in Applied Sciences and Technology for the service of humanity.

5. The Aim, Objectives and Functions of the University

(1)Mount Kenya University aims to provide high quality education with emphasis on science and technology consistent with the Vision and Mission of University.
(2)The Objectives of the University shall be—
(a)to preserve, produce, process, transmit and disseminate knowledge and stimulate the intellectual life and culture that is relevant to development of society;
(b)to provide students with all encompassing education and training;
(c)to guide students to identify their individual needs and talents and to develop their potential for proactive life and service;
(d)to admit students on basis of their qualifications irrespective of their country, tribe, race, religion, gender, colour or socio-economic status;
(e)to produce graduates who are able to serve society with professional competence and ensuring accountability and personal responsibility;
(f)to be at the fore-front of scientific and technological innovations and their specific applications within the local context;
(g)to provide a conducive learning environment, adequate facilities and infrastructure for a high quality education, in form of library resources, laboratories, research facilities, lecture halls, recreational facilities and buildings to support the various curricula and syllabi;
(h)to advance learning and knowledge by teaching, research and outreach activities, with special emphasis in science and technology, and in close association with the relevant industrial sector and other academic institutions; and
(i)to cooperate with the Kenya Universities and Colleges Central Placement Board or its equivalent or with other universities or authorities for the admission of students into its programmes.
(3)The functions of the University shall be—
(a)to provide directly or in collaboration with other institutions of higher learning and training, facilities including scientific, technological and professional education for research and community service;
(b)to provide academic programmes, conduct research and innovations, and provide other services ancillary to the object and purpose for which the University is established;
(c)to provide human and financial resources for teaching, training, research and other connected services;
(d)to determine who may teach, what may be taught, where it may be taught and how it may be taught in accordance with the vision and mission of the University;
(e)to confer degrees and other academic distinctions, grant diplomas, certificates or other awards on and to persons who shall have pursued a course of study approved by the University and who shall have passed examinations or other tests approved by the University;
(f)to affiliate with other institutions or to admit members thereof to any of its privileges, and accept attendance at courses of study in such institutions in place of such part of the attendance of course of study in the University and upon such terms and conditions and subject to such regulations as may, from time to time, be determined by the University, or to recognize any members of the teaching staff of any college or institution, whether affiliated to the University or not, as staff of the University;
(g)to institute and award fellowships, scholarships, bursaries, prizes and other such awards to aid study, research and outreach activities;
(h)to provide for the printing and publication of educational, research, outreach and other works which may be issued by the University;
(i)to co-operate with Central Admissions Universities Committee or its equivalent or otherwise with other universities and authorities for the regulation and conduct of entrance and other examinations, the examination and inspection of schools and other academic institutions and for the extension of University teaching and influence in academic matters and for such other purposes as the University may, from time to time, determine;
(j)to demand and receive fees, subscriptions and deposits and impose charges and act on behalf of financial owners, and to receive such property, legacy, endowment, bequest or gift for the purpose of education or research or otherwise for the furtherance of the work of the University, and to invest any monies representing any such property or fund not immediately required for the purpose aforesaid in accordance with the provisions of the Statutes;
(k)to prescribe the disciplinary rules to which students and staff of the University shall be subject to; and
(l)to pursue equity and sustainability in all of the University's activities.
[L. N 49 of 2016, s. 4.]

6. 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 include—
(a)establishing divisions, constituent colleges and campuses, schools, centres, institutes, faculties, departments, sections or any other administrative unit and approving courses of study, research, community service programmes consistent with its mission and objects;
(b)conferring certificates, diplomas, bachelors degrees, masters degrees, doctorate degrees and post-doctorate awards;
(c)conferring 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.
(d)revoking or withdrawing of a certificate, diploma, degree or an award already conferred, granted or awarded to a person;
(e)entering into contracts and other contractual arrangements;
(f)acquiring, holding, leasing and disposing of and preserving property and assets of the University;
(g)erecting buildings and structures and carrying out such works;
(h)soliciting for grants, endowments, donations and gifts for purposes of supporting the University activities;
(i)appointing agents;
(j)engaging persons to perform services for the University;
(k)fronting and promoting the image of the University by all lawful means including undertaking corporate social responsibility; and
(l)doing all other things necessary in advancing knowledge and discharge of its functions.
[L. N 49 of 2016, s. 5.]

7. The Common Seal

(1)The Common Seal of the University shall be kept in custody as the Board may direct and shall be used upon their order and direction thereof.
(2)The Common Seal of the University shall be authenticated by the signature of the Chairperson or the Secretary to the Board.
(2A)The powers under subsection (2) may when necessary be delegated to the Chairperson or Secretary of the Council.
(3)The Common Seal, when affixed to any document and duly authenticated, shall be judicially and officially noticed and, any necessary order or authorization of the Council or Board under this section is presumed to be duly given, unless the contrary is proved.[L. N 49 of 2016, s. 6.]

Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

8. Members

The members of the University may be—
(a)the Chancellor;
(b)the Pro-Chancellor(s);
(c)members of the Council;
(d)the Vice-Chancellor;
(e)the Deputy Vice-Chancellor(s);
(f)the Principal(s) of the constituent college or colleges;
(g)the Deans/Academic Heads of Faculties, Schools, Institutes, Centres and Campuses;
(h)Directors and Chairpersons;
(i)Staff of the University;
(j)Dean of Students;
(k)a person in charge of library services;
(l)the Registrar(s);
(m)a person in charge of legal services;
(n)a person in charge of finance;
(o)a person in charge of human resource management;
(p)a person in charge of marketing;
(q)Chaplain(s);
(r)members of the Senate; and
(s)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.
[L. N 49 of 2016, s. 7.]

9. Governance

The governance of the University shall be vested in the following bodies mandated to perform the functions and exercise powers conferred under this Charter—
(a)the Board;
(b)the Chancellor;
(c)the Pro-chancellor;
(d)the Council;
(e)the Management Board;
(f)the Senate; and
(g)any other bodies established by the Council.
[L. N 49 of 2016, s. 8.]

10. Board

The Board shall be the supreme organ of the University and shall be vested with powers to—
(a)safeguard the foundational mission, aims and objectives of the University;
(b)appoint or remove any member of the University;
(c)purchase, lease, hire, acquire and hold the property and assets of the University;
(d)solicit for financial resources by itself or through its agents, as the case may be; and
(e)receive and act on matters relating to the university within the mandate of the Board as spelt out in the articles of association or certificate of incorporation, or any other legal instrument.
(f)perform such other function or duty as may be conferred upon the Board by a recognised legal instrument.
[L. N 49 of 2016, s. 9.]

11. The Chancellor

(1)In the absence of a Chancellor appointed by the Board the chairperson of the Council may act as the Chancellor of the University.
(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, 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 Council which he or she considers necessary for the betterment of the University.
(3)The Chancellor may exercise his or her functions under this Charter in person or through another person approved by the Council, who shall, in that capacity, be the Chairperson of the Council, or any other person assigned by the Board to act as the Chairperson of the Council.
(4)In the event of incapacity of the Chancellor, the Board shall appoint the the Chairperson of the Council or 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 the instrument of appointment;
(b)if, by notice in writing addressed to the Board, the Chancellor resigns;
(c)if the Board is satisfied that the Chancellor is, by reason of physical or mental infirmity, unable to exercise the functions of his or her office;
(d)if the Chancellor is declared 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.
[L. N 49 of 2016, s. 10.]

12. Pro-Chancellor(s)

(1)The Board may appoint Pro-Chancellor(s) to exercise delegated functions and powers as may be directed by the Board or as specified under this Charter or Statutes.
(2)The Pro-Chancellor(s) may be appointed upon the terms and conditions of service, prescribed by the Statutes or the instrument of appointment.[L. N 49 of 2016, s. 11.]

13. The University Council

(1)There is established a Council to be known as the University Council appointed by the Board, which shall consist of—
(a)the Chairperson;
(b)the vice-Chairperson;
(c)the Vice-Chancellor, who shall be the secretary and an ex officio member;
(d)deleted by L. N 49 of 2016, s. 12 (a)(ii).
(e)not more than eleven persons appointed By the Board.
(2)deleted by L. N 49 of 2016, s. 12 (b).
(3)The Council once constituted and in consultation with the Board may co-opt two more persons into the Council, if it deems necessary.
(4)The Board shall, from time to time, determine and review the eligibility criteria of appointment of the members of the Council as it deems desirable in the interest of the University.
(5)In the absence or incapacity of the Chairperson and the vice-Chairperson, the Council shall appoint any other person, except an ex officio member, from among its members to serve as the Chairperson in an acting capacity.
(6)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.
(7)A member of the Council is eligible for re-appointment upon expiry of his or her term at the discretion of the Board.
(8)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 Secretary of the Council;
(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
(g)upon his or her death.
(9)Where the office of a member of the Council becomes vacant under subsection (8), the Secretary to the Council shall notify the vacancy to the appointing body.
(10)The procedure, conduct and regulation of the affairs of the Council shall be as prescribed in the Statutes.
(11)The Council may appoint committees to carry out specific functions as it may direct.
(12)For all meetings of the Council, the number and the quorum shall be as prescribed in the Statutes.[L. N 49 of 2016, s. 12.]

14. Functions of the Council

The functions of the Council shall be to—
(a)develop concrete policies for achievement of the objects of the University;
(b)appoint, promote or, where applicable, remove staff of the University in consultation with the Board;
(c)receive, on behalf of the University, donations, endowments, gifts, grants or other monies and authorize disbursements;
(d)provide for the welfare of the faculty, staff and students of the University;
(e)provide proposals and recommendations to the Board for capital development and expansion of the University;
(f)to promote and approve affiliations, collaborations and co-operation with other universities, or other institutions of learning;
(g)approve the recommendations or proposals for establishment of constituent colleges, colleges, courses, institutes or change of name of the University or other university establishments, centres, campuses, schools or divisions;
(h)determine fees and oti diarges payable at the University;
(i)approve academic policies and procedures of the University;
(j)receive reports from the Senate, Management Board and other bodies established by the Council to carry out various functions and duties on behalf of the Council;
(k)approve regulations governing the academic affairs and discipline of the students of the University in consultation with the Senate;
(l)ensure prudent management of the University;
(m)make policy guidelines relating to terms and conditions of service for the staff;
(n)determine membership of the University;
(o)to project and promote the image of the University to the general public and other stakeholders; and
(p)perform such other duties and responsibilities as may be assigned to it by the Board from time to time.
[L. N 49 of 2016, s. 13.]

15. The Management Board of the University

(1)The Council shall establish a management board to be known as the Management Board of the University which shall consist of—
(a)the Vice–Chancellor, as the Chairperson;
(b)the deputy Vice-Chancellors, one of whom may be designated as the Secretary.
(c)not more than eleven members of the University designated by the Council in consultation with the Board.
(2)The procedure, conduct, regulation of the affairs of the Management Board shall be prescribed in the Statutes.
(3)For all meetings of the Management Board, the number and the quorum shall be prescribed in the Statutes.
(4)The Management Board may co-opt such other members, not being more than three, as it may deem necessary for the proper and effective performance of its functions.
(5)The University Council may, in consultation with the Council, establish and assign functions to such committees as it may consider appropriate, and such committees may consist partially or wholly of members of the University Management Board.[L. N 49 of 2016, s. 14.]

16. Functions of the Management Board of the University

(1)The functions of the Management Board shall be, among others—
(a)to administer the University finances, and in furtherance of that function—
(i)prepare, review, and recommend annual budgets and monthly financial statements to the Board through the Council;
(ii)collect fees; and
(iii)facilitate annual audit of the University accounts;
(b)to establish and maintain efficient and effective policies and procedures in all areas of financial management;
(c)to make recommendations to the Council concerning matters of capital development and University staff establishment;
(d)to recommend for the hiring, promotion, and release of staff and employees upon approval by the Council;
(e)to recommend prudent operational systems to the Council relating to schemes of service, salaries, benefits and other staff motivational schemes;
(f)to oversee the preparation of all publications of the University;
(g)to advise the Council on general matters pertaining to statutory and legal compliance; and
(h)to be responsible of all matters necessary for the successful functioning of the University as delegated by the Council.
[L. N 49 of 2016, s. 15.]

17. The Senate

(1)There is established a Senate of the University which may consists of—
(a)the Vice-Chancellor, as the Chairperson;
(b)the Deputy Vice-Chancellor(s);
(c)Principals of the Constituent Colleges;
(d)the Legal Secretary;
(e)the Registrar(s);
(f)Deans, Academic Heads, Directors and Chairpersons;
(g)the University Librarian;
(h)a representative of each faculty or school; and
(i)other members as may be provided for in the Statutes and appointed by the Council.
(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 declared 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)develop, approve and implement academic programmes in consultation with the Council;
(b)satisfy itself regarding the content and academic standards of any course of study in respect of a degree, certificate or other award by the University, and to report its findings to the Council;
(c)propose regulations to be approved by the Council regarding the eligibility of persons for admission to a course of study;
(d)propose regulations to be approved by the Council regarding the standard of proficiency to be gained in each examination for a degree, certificate, or other award of the University;
(e)decide which persons have attained the prescribed standard of proficiency and are otherwise fit to be granted a degree, certificate or other award of the University;
(f)recommend to the Council, policies or actions that it regards beneficial to the academic programs of the University;
(g)make regulations governing academic matters for approval by the Council;
(h)appoint committees to serve the Senate as appropriate;
(i)recommend to the Council appointments and promotion criteria of teaching and research staff;
(j)approve the academic calendar in consultation with the Management Board;
(k)formulate and recommend to the Council regulations governing the conduct and discipline of faculty and students of the University;
(l)recommend to the University Council through the Management Board changes that may be made in the Statutes for the better management of academic affairs;
(m)recommend to the University Council through the Management Board affiliations, collaborations and co-operations with other universities and institutions of higher learning;
(n)administer scholarships, fellowships and other academic awards;
(o)recommend to the Council for the establishment of schools, campuses, centres, constituent colleges or other divisions as may be necessary; and
(p)recommend to the Council persons who may be eligible to be members of the University.
(4)Despite any other provision of this Charter, the Council shall not initiate any action in respect of the matters mentioned in paragraphs (a), (b), (c), (d) and (e) of this section except upon receipt of a report or proposal and the Council shall not reject any such report or amend any regulations as proposed without further reference to the Senate.
(5)The Senate shall meet a least once in a quarter.
(6)The procedure, conduct, regulation of the affairs of the Senate shall be determined by the Statutes.[L. N 49 of 2016, s. 16.]

Part IV – ADMINISTRATION OF THE UNIVERSITY

18. Officers of the University

(1)The University may 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(s);
(c)the Legal Secretary;
(d)Principals of Constituent Colleges;
(e)a person incharge of legal services;
(f)a person in charge of finance;
(g)a person in charge of marketing;
(h)a person in charge of library matters;
(i)a person in charge of human resource;
(j)Chaplain(s);
(k)Directors; and
(l)any other member of the University as the Council may approve.
[L. N 49 of 2016, s. 17.]

19. The Vice-Chancellor

(1)There shall be a Vice-Chancellor who shall be the chief executive officer of the University and who shall be appointed by the Board in consultation with the Council.
(2)The Vice-Chancellor shall —
(a)have the overall responsibility for the direction, organization, development, administration and academic programmes of the University;
(b)be the chairperson of the Management Board and the Senate;
(c)be responsible to 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 or the instrument of appointment.
(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 Board, the Vice-Chancellor resigns;
(c)if the 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.
[L. N 49 of 2016, s. 18.]

20. The Deputy Vice-Chancellor(s)

(1)The Board, in consultation with the Council, shall appoint the Deputy Vice-Chancellor(s) to assist the Vice-Chancellor in matters pertaining to academic and administrative functions of the University.
(2)The number of the Deputy Vice-Chancellors shall be determined by the Board in consultation with the Council.
(3)The Deputy Vice-Chancellor(s) shall be appointed upon the terms and conditions of service prescribed by the Statutes or the instrument of appointment.

21. Deleted by L. N 49 of 2016, s. 19.

22. Deleted by L. N 49 of 2016, s. 19.

23. Deleted by L. N 49 of 2016, s. 19.

24. Deleted by L. N 49 of 2016, s. 19.

25. Deleted by L. N 49 of 2016, s. 19.

26. Deleted by L. N 49 of 2016, s. 19.

27. Deleted by L. N 49 of 2016, s. 19.

28. Deleted by L. N 49 of 2016, s. 19.

29. Deleted by L. N 49 of 2016, s. 19.

30. Deleted by L. N 49 of 2016, s. 19.

31. Deleted by L. N 49 of 2016, s. 19.

32. Deleted by L. N 49 of 2016, s. 19.

33. Deleted by L. N 49 of 2016, s. 19.

34. Staff of the University

(1)The University shall have academic administrative and support staff, who shall be recruited subject to the policies set by the University to support the foundational mission, aims and objectives of the University.
(2)The academic staff shall consist of members of staff engaged in teaching or research work, determined by University Council.
(3)The Administrative staff shall consist of members of staff, not engaged in teaching or research work, determined by the University Council.
(4)Members of University staff are subject to the authority of the Council through the Management Board.[L. N 49 of 2016, s. 20.]

35. Students Association

(1)There shall be a Students' Association to be known as Mount Kenya University Students Association (MKUSA) or in any other name as may be approved by the University, to represent the student community and act as the main forum through which students may express their views.
(2)The Association shall operate under the general direction of the Council, as may be prescribed by the Statutes.

36. Alumni Association

(1)There shall be an Alumni Association of the University which shall be known as Association of Mount Kenya University Alumni (AMKUA) or in any other name approved by the University.
(2)The Alumni shall consist of graduates of—
(a)Mount Kenya University; or
(b)other institutions, as the Statutes may prescribe, affiliated to the University.
(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)engage in fundraising activities for the University;
(c)promote the University's welfare and image; and
(d)provide suggestions to the University leadership with regard to development.
[L. N 49 of 2016, s. 21.]

37. 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—
(a)a Deputy Vice-Chancellor; or
(b)a University senior officer.
(2)In the event of the incapacity or absence of the Vice-Chancellor and the Deputy Vice-Chancellor, the Council in consultation with the Board 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 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—
(i)"absence" means absence from Kenya; and
(ii)"incapacity" means the inability for any reason to perform the functions of the office held.
[L. N 49 of 2016, s. 22.]

Part V – FINANCIAL PROVISIONS

38. Financial Year and Budget

(1)The Financial Year of the University shall be the petiod of twelve months commencing the 1st January and ending the 31st December of each year.
(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, because of this change, the transitional period, whether more or less than twelve months, shall be regarded as a Financial Year for the purposes of this Charter.
(3)The Management Board shall propose and submit annual estimates to the Council two months before the start of the financial year for onward submission to the Board for approval.
(4)The annual estimates shall make provision for all the estimated expenditure of the University for the financial year in performance of its functions, and in particular shall provide—
(a)for the payment of salaries, allowances, and other charges in respect 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 maintenance, development 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 training, research and community service;
(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 in consultation with the Board may think fit;
(g)for the funding of student scholarships; and
(h)for the operating costs of the University.
(5)No expenditure shall be incurred for the purposes of the University except in accordance with an annual budget approved by the Board.
(6)The Management Board shall submit quarterly financial reports to the Board through the Council within each financial year.[L. N 49 of 2016, s. 23.]

39. Accounts and Audit

(1)The Board shall in consultation with the Council cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities.
(2)A firm of external auditors appointed by the Board shall audit the accounts of the University.
(3)The officer in charge of finance shall submit the accounts of the University to the auditors within a period of one month from the end of every Financial Year.
(4)Within a period specified by the Statutes, the external auditors are to report on the examination and auditor's report of the accounts of the University to the Board.
(5)The certified copy of the auditors report referred to in subsection (4) shall not be provided to any other persons or institution without the authority of the Board.[L. N 49 of 2016, s. 24.]

40. Internal Audit Unit

(1)The Management Board shall institute an Internal Audit Unit, which shall be responsible for Internal Control and Assurance regarding the achievement of the objectives of the University and which shall report to the Board.
(2)The Internal Audit Unit shall—
(a)ensure effective and efficient Operation of the University Financial Systems;
(b)institute firm Internal Control for the maintenance of the integrity, ethical values and competence of Staff of the University;
(c)identify, analyze any risks that may face the University and advise on sound management practices for handling such risks;
(d)ensure that University Management Policies and Directives are strictly adhered to;
(e)monitor and assess the quality of performance of all University Management Systems and to recommend corrective action whenever a System does not perform as intended;
(f)identify, capture and communicate relevant information in a form and time-frame that enables officers of the University to carry out their responsibilities and maintain accountability for the University's Assets;
(g)do or perform all such other transactions or acts for the proper performance of its functions, and for the furtherance of the provisions of this Charter.
[L. N 49 of 2016, s. 25.]

41. 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 channeled 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.

42. Investment of Funds

(1)The Board may invest any of its funds not immediately required for its purposes, as the Board may determine.
(2)All investments made under this section shall be held in the name of the University Financial Owners.[L. N 49 of 2016, s. 26.]

Part VI – MISCELLANEOUS PROVISIONS

43. Statutes

(1)The affairs of the University shall be managed and regulated under the Statutes and Regulations made and approved by the Council in consultation with the Management Board and the Senate in accordance with the provisions of this Charter and the Act.
(2)Statutes may, from time to time, be amended or revoked by a resolution of two thirds of members present and entitled to vote at the Council meeting specifically convened for that purpose, unless the enactment, amendment or revocation is ultra vires to the provisions of this Charter.
(3)Despite subsection (2), the Council shall not make, revoke, amend any Statute relating to the responsibility or privileges of members of the University and specified functions of the Senate unless approved by the Board.[L. N 49 of 2016, s. 27.]

44. Protection of Name

(1)Despite the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names is to accept for the registration any name that includes the word "Mount Kenya" together with the word "University".
(2)A person shall not use the name of the University as established by this Charter for the purposes of advertisement, publication, business, trade or profession without the consent of the Council.
(3)The Council may, whenever it deems it appropriate, make recommendations to the Board on the change of the name of the University or any of its other establishments, and the Board may on receipt of such recommendations institute the necessary legal measures for effecting such change as provided for in the Act.[L. N 49 of 2016, s. 28.]

45. Conversion of a Constituent College or Campus to fully fledged University

The conversion of a Constituent College or Campus into a fully fledged university shall be through necessary administrative and legal measures initiated by the Board on recommendations of the Council.

46. Dispute Resolution

In the event that a dispute arises in regard to interpretation of this Charter or between the Board and the Council or any matter, such dispute shall in the first instance be resolved amicably in accordance with procedures laid down in the Statutes and in the event that an amicable solution cannot be reached, such matter shall not be taken beforea of law unless it has first been referred to —
(a)an arbitrator appointed by both parties; or
(b)if the parties fail to agree on an arbitrator, the dispute, has been referred to the arbitrator with demonstrated experience in the arbitration matters appointed by the Law Society of Kenya.

47. Dissolution of the University

Subject to the provisions of this Charter, if on the winding up or the dissolution of the University and after the settlement of all its debts and liabilities, any remaining funds, assets and property, shall be transferred to University Financial owners.[L. N 49 of 2016, s. 29.]
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31 December 2022 this version
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