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The Tom Mboya University College Order, 2016

Legal Notice 55 of 2016

Repealed
This Legal Notice was repealed on 2022-09-12 by Charter for Tom Mboya University.
The Tom Mboya University College Order, 2016
Citation
Legal Notice 55 of 2016
Primary work
Universities Act
Date
15 April 2016
Language
English
Type
Legal Notice
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LAWS OF KENYA

UNIVERSITIES ACT

THE TOM MBOYA UNIVERSITY COLLEGE ORDER, 2016

LEGAL NOTICE 55 OF 2016

  • Published in Kenya Gazette Vol. CXVIII—No. 38 on 15 April 2016
  • Commenced on 8 April 2016
  1. [Revoked by Charter for Tom Mboya University (Legal Notice 164 of 2022) on 12 September 2022]

Part I – PRELIMINARY

1. Short title

This Order may be cited as the Tom Mboya University College Order, 2016.

2. Interpretation

In this Order, unless the context otherwise requires—“Academic Board” means the Academic Board of the University College established under paragraph 13;“Act” means the Universities Act, 2012;“Cabinet Secretary” means the Cabinet Secretary for the time being in charge of higher education;“Chancellor” means the Chancellor of the Maseno University;“Council” means the Council of the University College established under paragraph 11;“Deputy Principal” the Deputy Principal appointed under paragraph 9;"faculty” means a faculty within the University College established under the Statutes;“financial year” means the financial year of the University College as determined under paragraph 18;“graduate” means a person upon whom a degree or diploma has been conferred pursuant to paragraph 5;“incapacity” means inability to perform functions of the office concerned;“Institute” means an institute of the University College established under 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;“Principal” means the Principal of the University College appointed by the Council;“Principal Secretary” means the Principal Secretary in the Ministry responsible for Higher Education;“professor” means a full professor of the University College;"Registrar” means the Registrar appointed by the Council of the University College;“School” means a School of the University College established under the Statutes;“Senate” means the Senate of the University;“staff association” means an association of the staff recognized by Council as being an association representative of the staff of the University College;“Statutes” means statutes of the University College made by the Council under this Order;“student” means a person registered by the University College for the purposes of obtaining 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” means the Maseno University;“University College” means the institution constituted under paragraph 3;“Vice-Chancellor” means the Vice-Chancellor of the University.

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

3. Establishment of the University College

(1)There shall be established a university college to be known as the Tom Mboya University College which shall be a constituent college of the Maseno University.
(2)The University College shall be a body corporate with perpetual succession and a common seal, and shall in its corporate name be capable of—
(a)suing and being sued;
(b)taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property;
(c)receiving, investing, borrowing and lending money; and
(d)doing or performing any such other things or acts, including entering into such contracts as may be necessary or expedient, for the furtherance of the provision of this Order which may lawfully be done by a body corporate.
(3)The University College shall be the successor to the Agricultural Training Centre (ATC) in Homabay town, Homabay County.
(4)All rights, liabilities and assets by or by anybody on behalf of the Agricultural Training Centre (ATC), existing at the commencement of this Order shall be automatically and fully transferred to the University College.

4. Functions and Objects

(1)The functions and objects of the University College shall be to—
(a)provide, directly or in collaboration with other institutions of higher learning, facilities for university education (including technology, scientific and professional education), integration of teaching, and research and effective application of knowledge and skills to the life and work and welfare of the citizens of Kenya;
(b)participate in the discovery, transmission preservation and enhancement of knowledge, and stimulate the participation of students in the economic, social, scientific, technological and cultural development of Kenya;
(c)provide and advance university education and training to appropriately qualified candidates leading to the conferment of degrees and award of diplomas and certificates and such other qualifications as the Council and the senate shall from time to time determine and in so doing, contribute to the manpower needs;
(d)conduct examinations for such academic awards as may be provided in the statutes pertaining to the University College;
(e)examine and make proposals for new faculties, schools, institutes, departments, resource and research centres, degree courses and subjects of study;
(f)play a leading role in the development and expansion of the opportunities for higher education and research;
(g)contribute to industrial and technological development though innovations and technology transfer;
(h)develop as an institution of excellence in teaching, training, scholarship, entrepreneurship, innovations, research, consultancy services;
(i)participate in commercial ventures and other activities for the benefit of the institution, the community and stakeholders;
(j)contribute to agriculture, industrial and technological development of Kenya in collaboration with industrial and other institutions through the transfer of appropriate technology;
(k)develop and provide educational, cultural, professional, technical and vocational services to the community and in particular foster corporate social responsible and the practical arts;
(l)provide programmes, products and services, in ways that reflect the principles of equity and social justice;
(m)facilitate student mobility between different programmes at different technical training institution, 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, age, place of origin or residence or other local connections, political opinion, colour, creed, or sex; 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. Degrees, Diplomats, etc

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

6. 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 GOVERNANCE OF THE UNIVERSITY COLLEGE

7. Membership of the University College

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

8. The Principal

(1)There shall be a Principal of the University College who shall be appointed through a competitive process in accordance with Section 35 (1)(a)(v) of the Act.
(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 for a term of five years and shall be eligible for reappointment for a further term of five years.
(4)Notwithstanding sub-paragraph (1), the Cabinet Secretary may appoint the first Principal of the University College in an acting capacity for a period of six months on the recommendation of the Council of the Maseno University, after which the appointment process shall be conducted in accordance with sub paragraph (1).

9. The Deputy Principal

(1)There shall be a Deputy Principal of the University College who shall be appointed through a competitive process in accordance with Section 35 (1)(a)(v) of the Act.
(2)The Deputy Principal shall hold office for a term of five years and shall be eligible for further term of five years.

10. Deans and Directors of Faculties, Schools, institutes, and Centres

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

11. The Council

(1)There shall be a Council of the University College which shall be appointed by the Cabinet Secretary in accordance with section 36 of the Act.
(2)The Principal shall be the Secretary to the Council.
(3)Subject to subparagraph (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 writing under his hand addressed to the Principal;
(b)if the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the functions of his office; or
(c)upon his death.
(5)Where the office of a member of the Council becomes vacant, the Principal shall forthwith notify the vacancy to the appropriate appointing authority.
(6)The procedure and the conduct and regulation of the affairs of the Council shall be vested in the Council.
(7)The Council shall be expected to exercise prudent leadership, innovative enterprise, and good judgement in directing the University College and to act always in the best interests 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 as a body corporate shall act and—
(a)shall administer the property and funds of the University College in a manner and for the purposes which shall promote the interest of the University College; but the Council shall not charge or dispose of immovable property of the University College except in accordance with the procedures laid down by the Government of Kenya;
(b)shall receive donations, endowments, gifts, grants or other moneys on behalf of the University College and make disbursements therefrom to the University College or other bodies or persons;
(c)shall provide for the welfare of the staff and students of the University College;
(d)may enter into association with other universities, university colleges or other institution of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate; and
(e)may, after consultation with the Academic Board, make regulations governing the conduct and discipline of the students of the University College.
(2)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.
(3)The Council shall ensure that a proper management structure is in place and make sure that the structure functions to maintain corporate integrity, reputation and responsibility of the University.
(4)The Council shall monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University College.
(5)The Council shall constantly review the viability and financial sustainability of the University College and must do so once every year.
(6)The Council shall ensure that the University College complies with all the relevant laws, regulations, governance practices, accounting and auditing standards.

13. The 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 Schools, and Directors of Institutes and Centres;
(d)the heads of the teaching departments of the University College;
(e)the Librarian;
(f)one representative of each of the School Academic Boards appointed by the boards from among its members; and
(g)two members elected by the students' organization of the University College, except that the members of the student's organisation 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 or which relate to examinations, the general discipline of students, or other related matters.
(2)The Deputy Principal for the time being in charge of academics shall be the Secretary to the Academic Board.
(3)The Academic Board shall have the following powers and duties—
(a)to satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other reward 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 otherwise 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 any of the provisions of this Order, the Senate shall not initiate any action in respect of paragraph (a), (b) or (c) of subparagraph (2) except upon receipt of a report or proposal thereunder and the Senate shall not reject any such report, or reject or amend any regulations as proposed without further reference to the Academic Board.

14. Management Board

(1)There shall be established a Management Board of the University College which shall be made up of the following persons—
(a)the Principal, who shall be the chairperson;
(b)the Deputy Principal for the time being in charge of finance and administration, who shall be the Secretary;
(c)the Deputy Principals;
(d)the Registrar in charge of administration, who shall be the Secretary;
(e)the Finance Officer; and
(f)such other member of the senior management as the Council may determine.
(2)The functions of the Management Board shall include assisting the Principal in the day-to-day management of the University College and shall, in this respect, be responsible for—
(a)the efficient management of the human, physical and financial resources of the University College;
(b)making proposals to the Council and the Academic Board on policies that have application across the entire institution;
(c)coordination of the University College strategic and development plans; and
(d)any other matters 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 the 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 transmit resolutions thereon to the Council, the Academic Board, and the Senate, and may exercise such other functions as the statutes may prescribe.

16. The Staff of the University College

(1)The staffs of the Tom Mboya University Campus in office 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 technical staff of the University College shall consist of the staff engaged in laboratory and field instruction 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.
(5)The support staff of the University College shall consist of the staff engaged in general duties and as the Council may from time to time determine.
(6)All members of the staff of the University College shall, subject to this Order, be appointed either—
(a)in the manner and upon the terms and conditions of service prescribed by the statutes; or
(b)in the case of a person seconded to the service of the University College from the service of another institution, the Government or any other public service, on terms and conditions agreed upon between the Council and the seconding body.
(7)The Council may, subject to such restrictions as it may deem appropriate, delegate, either generally or specially, to any person, committee, or body, the power to appoint any member of the staff of the University College.
(8)All members of staff of the University College shall—
(a)be subject to the general authority of the Council and of the Principal;
(b)be deemed to be employed in accordance with the statutes or as otherwise specifically provided by the statutes or by the terms of a particular appointment.

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

(1)In the event of the incapacity of the Principal, the 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 Chancellor may, after consultation with the Chairman of the Council, 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 period of incapacity.

Part IV – FINANCIAL PROVISIONS

18. Financial year

The financial year of the University College shall be 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 in which for the time being trustees may, by law, invest trust funds or in any other securities which the Treasury may, from time to time, approve for the purpose.
(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; and
(f)for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit.
(3)In drawing up its annual estimates and development plans, the University College shall consult with the Government agency responsible for university grants.
(4)Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval, and after the Cabinet Secretary has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary.
(5)No expenditure shall be incurred for the purpose of the University College except in accordance with the annual estimates approved under subparagraph (4) or in pursuance of an authorization of the Council given with the prior approval of the Cabinet Secretary.

21. Accounts and Audit

(1)The Council shall cause to be kept all proper books of accounts of the income, expenditure and assets and of the University College.
(2)Within a period of three months from the end of each financial year, the Council shall submit to the Auditor-General (Corporations), the accounts of the University College together with:—
(a)a statement of income and expenditure during that year; and
(b)a statement of the assets and liabilities of the University College on the last day of that year.
(3)The accounts of the University College shall be audited in accordance with the Public Financial Management Act.

Part V – MISCELLANEOUS PROVISION

22. Common seal and signification of documents

(1)The common seal of the University College shall be kept in such custody as the Council may direct and shall not be used except upon the order of the Council.
(2)The common seal of the University College shall be authenticated by the signature of the Principal or of one other member of the duly authorized by the Council in that behalf and of a Deputy Principal.
(3)The common seal of the University College when affixed to any document and duly authenticated under this paragraph 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. The Statutes

(1)In the performance of its functions under this Order, the Council shall, subject to this Order, make statutes generally for the governance, 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 award of degrees, 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;
(h)providing for or prescribing or anything, which, under this Order, may be provided for or prescribed by statutes.
(2)Notwithstanding subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of the Principal or Academic Board without first ascertaining the opinion of the Academic Board.
(3)Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourths of the members present and voting, being not less than two-thirds of the total membership of the Council.
(4)Statutes or regulations made by the Council under this Order shall be published in the Gazette.

24. Protection of Name

(1)Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the word "Tom Mboya" together with either or all the words "university", "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 word "Tom Mboya" together with either or all the words "university college" together with the expression "Tom Mboya" in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, shall be guilty of an offence and liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding twelve months or both to such fine and imprisonment: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.
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History of this document

12 September 2022
15 April 2016 this version
08 April 2016
Commenced

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Documents citing this one 1

Legal Notice 1
1. The Charter for Tom Mboya University