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The Charter for Alupe University

Legal Notice 161 of 2022

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The Charter for Alupe University
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Legal Notice 161 of 2022
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Universities Act
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LAWS OF KENYA

UNIVERSITIES ACT

THE CHARTER FOR ALUPE UNIVERSITY

LEGAL NOTICE 161 OF 2022

  • Published in Kenya Gazette Vol. CXXIV—No. 193 on 23 September 2022
  • Commenced on 12 September 2022
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

PREAMBLE

WHEREAS the Government of Kenya wishes to establish an institution in the name of Alupe University situated in Busia County in the Republic of Kenya;AND WHEREAS the said Alupe University has applied to the Commission for University Education, for grant of Charter to provide for the establishment, control, governance, and administration of the University and for connected purposes, in the manner prescribed by the Universities Act (Cap. 210);AND WHEREAS the Commission for University Education has visited and inspected the said institution, and is satisfied that the objects of Alupe University are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for University Education is also satisfied that Alupe University has complied with the provisions of the Universities Act (Cap. 210);AND WHEREAS the Commission for University Education has submitted a draft Charter, the text whereof is annexed hereto, to the Cabinet Secretary in the Ministry of Education on the said institution, and the Cabinet Secretary in the Ministry of Education is satisfied that Alupe University should be granted this Charter;AND WHEREAS the Cabinet Secretary for Education has submitted the Charter to me with recommendations thereon;AND WHEREAS I am satisfied that granting of this Charter to Alupe University will be of benefit to the advancement of university education in Kenya;NOW THEREFORE, by these presents, be it known that in exercise of the powers conferred upon me by section 19 of the Universities Act, I, Uhuru Kenyatta, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, grant the Charter annexed hereto to Alupe University.

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the Alupe University Charter.

2. Interpretation

In this Charter, unless the context requires otherwise—"Act" means the Universities Act (Cap. 210);"Administrative Staff" means a member of staff of the University in any of the Grades 5 to 15, who is appointed for general purposes of performing duties related to general management and administration of the University;"Alumni Association" means the organization of all graduates and former students of the University;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for university education;"Chairperson of the Council" means the Chairperson of the Council of the University as defined in this Charter;"Chairperson of Department" means a Chairperson of a teaching department as provided for in the Statutes;"Chancellor" means the Chancellor of the University;"Charter" means the Alupe University Charter;"College" means a College established within the University made under paragraph 8 of this Charter; but does not include a Constituent College;"constituent college" means a constituent College of the University established under paragraph 9 of this Charter;"Convocation" means the convocation of the University established under paragraph 22 of this Charter;"Council" means the Council of the University established under paragraph 15 of this Charter;"Dean" means a person appointed as a Dean of a School as provided for in the Statutes;"Deputy Vice-Chancellor" means a Deputy Vice-Chancellor appointed by the Council of the University under paragraph 20 of this Charter;"Director" means a person appointed by the Council as a Director in the University;"faculty" means a member of teaching staff of the University as provided for in the Statutes;"graduate" means a person upon whom a degree of the University has been conferred or to whom a qualification of the University has been awarded as may be determined by the Senate;"Institute" means an institute of the University established by the Statutes;"lecturer" means a member of the staff of the University who is appointed as a Professor, an Associate Professor, Senior Lecturer, Lecturer, Tutorial Fellow, Graduate Assistant, or a person who holds any other teaching or research post which the Council has recognized as a post having academic status in the University and includes Research Fellows, Research Professors;"School" means a School of the University established under the Statutes;"Senate" means the Senate of the University established under paragraph 18 of this Charter;"Statutes" means Statutes of the University made by Council under this Charter;"Student" means a person registered by the University for the purposes of receiving instructions in a particular area of study with a view to obtaining a qualification of the University or any other person who is determined by the Senate to be a student;"Students Association" means an association of the students recognized by the Council as being an organization representative of the students of the University and as provided for by paragraph 15 of this Charter;"support staff" means a member of staff of the University in any of the Grades 1 to 4 who is appointed for purposes of providing support services for the general management and administration of the University;"teaching staff" means a member of staff of the University who is, in terms of appointment, a lecturer or an instructor of the University;"Technical Staff" means a member of staff of the University who is appointed to conduct general clerical, laboratory and field courses, and assist in the conduct of lectures, demonstrations, examinations and research of the University;"University Management Board" means the University Management Board of the University provided by section 43 of the Act and paragraph 19 of this Charter;"University Secretary" means a person appointed by the Council as the University Secretary in the University;"University" means the Alupe University established under paragraph 3 of this Charter;"Vice-Chancellor" means the Vice-Chancellor of the University appointed under paragraph 17 of this Charter.

Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

3. Establishment and incorporation of the University

(1)There is hereby established a university to be known as the Alupe University in accordance with the provisions of the Act and this Charter.
(2)The University shall be a body corporate with perpetual succession and a common seal, and shall in its corporate name be capable of—
(a)suing and being sued;
(b)taking, purchasing or otherwise acquiring, holding, charging 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 provisions of this Charter which may be done by a body corporate.
(3)The University shall be the successor to the Alupe University College established under the Alupe University Order of 2015.
(4)All rights, duties, obligations, liabilities and assets held by Alupe University College or by any other body on behalf of Alupe University College existing immediately before the award of this Charter, shall automatically and fully be transferred to and vest in Alupe University and any reference to Alupe University College in any contract or document shall for all purposes be deemed to be a reference to the Alupe University.

4. Vision and Mission

(a)Vision: To be a world-class University that is committed to achieving academic excellence, integrity and quality research.
(b)Mission: To create, evaluate, apply, preserve and share knowledge in a free, open and inclusive environment of intellectual inquiry, for the betterment of the society.

5. Philosophy

To educate to empower the mind and develop competencies through teaching, research and community outreach by integration of technology, sciences and the social sciences for the total growth of graduates.

6. Core Values

The core values of the University are—
(a)professionalism;
(b)creativity and innovation;
(c)excellence;
(d)good corporate governance;
(e)customer focus; and
(f)team work.

7. Aims, functions, and objectives of the University

(1)The Aims, functions, and objectives of the University include—
(a)to provide directly, or in collaboration with other institutions of higher learning, facilities for university education including health, technology, scientific and professional education, integration of teaching, research and effective application of knowledge and skills to the life and work and welfare of the citizens of Kenya;
(b)to participate in the discovery, transmission and preservation and enhancement of knowledge and to stimulate the intellectual participation of students in the economic, social, scientific, technological and cultural development of Kenya;
(c)to provide and advance university education and training to appropriately qualified candidates leading to the conferment of degrees and the award of diplomas and certificates and such other qualifications as the Council and the Senate may determine from time to time and in so doing, contribute to the manpower needs;
(d)to conduct examinations for such academic awards as may be provided for in the Statutes of the University;
(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 opportunities for higher education and research;
(g)to contribute to industrial and technological development through innovations and technology transfer;
(h)to develop as an institution of excellence in teaching, training, scholarship, entrepreneurship, innovations, research, and consultancy services;
(i)to participate in commercial ventures and other activities for the benefit of the University, the community and stakeholders;
(j)to contribute to agriculture, industrial and technological development of Kenya in collaboration with industry and other institutions through the transfer of appropriate technology;
(k)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;
(l)to provide programmes, products and services, in ways that reflect the principles of equity and social justice.
(m)to facilitate student mobility between different programmes at different technical training institutions, universities and industry;
(n)to foster the general welfare of all staff and students; and
(o)to foster strong connections and collaboration with the Alumni for the development of the University.
(2)Admission to the University as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Senate in accordance with this Charter and the Statutes without distinction of race, ethnicity, language, 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, 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.

8. Establishment of Colleges and Campuses within the University

(1)The Council may, on the advice of the Senate, establish Colleges and Campuses within the University whose functions and powers shall be provided for in the Statutes.
(2)A College established within the University shall consist of such faculties, schools, institutes, departments, centers and other resource and administrative units as may be provided for by the Statutes.

9. Establishment of Constituent Colleges

The Cabinet Secretary may, on the advice of the Council and recommendation of the Commission for University Education, by order published in the Gazette, establish or declare an institution of learning or higher education or any other training establishment to be a Constituent College of the University.

10. Conferment of Degrees and other Awards

(1)Subject to the Act and this Charter, the University may—
(a)confer Bachelor’s, Postgraduate Diplomas, Master’s, and Doctoral degrees and such other degrees as may be provided for by the Statutes;
(b)grant Diplomas or Certificates or other awards; and
(c)confer an honorary degree or any other academic distinction to a person who has rendered distinguished service to the advancement of any branch of learning or who has otherwise rendered service in any field of human endeavor worthy of such a degree or academic distinction.
(2)Subject to this Charter, the Council may, on the recommendation of the Senate, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards as may be provided for in the Statutes.

11. Award of Scholarships

Subject to this Charter, the University 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

12. Membership of the University

The members of the University shall be—
(a)the Chancellor;
(b)the Council;
(c)the Vice-Chancellor;
(d)the Deputy Vice-Chancellors;
(e)the Principals of Constituent Colleges;
(f)the Principals of Colleges within the University;
(g)the members of the Council;
(h)the members of the Senate;
(i)the Lecturers;
(j)the Corporation Secretary and Chief Legal Officer;
(k)the administrative, technical and support staff;
(l)the students;
(m)the Alumni association;
(n)the Convocation; and
(o)such other members of staff of the University or any other body formally admitted into association with the University, as the Council may determine from time to time.

13. The Chancellor

There shall be a Chancellor of the University who shall be appointed and who shall hold office in accordance with the Act.

14. The Council

(1)There shall be a Council of the University appointed in accordance with the Act and which shall consist of—
(a)the Chairperson who shall be appointed by the President;
(b)the Principal Secretary in the Ministry for the time being responsible for university education;
(c)the Principal Secretary in the Ministry for the time being responsible for finance;
(d)five other members appointed by the Cabinet Secretary in accordance with the provisions of the Act; and
(e)the Vice-Chancellor who shall be an ex officio member.
(2)Subject to this paragraph, a member of the Council, other than an ex officio member, shall hold office for a term of three years, but shall be eligible for re-appointment for one further term.
(3)There shall be a University Secretary who shall be appointed in accordance with the provisions of the Statutes and shall be responsible for organizing and keeping the records of the meetings of the Council.
(4)Subject to the Act and this Charter, the Council may invite any person to attend its meetings to providing technical expertise or advice as and when necessary.
(5)The office of a member of the Council shall become vacant, if the member—
(a)not being an ex officio member, resigns from office by notice in writing addressed to the appointing authority through the Vice-Chancellor;
(b)is unable to exercise the functions of his office by reasons of physical or mental infirmity to the satisfaction of the appointing authority;
(c)is adjudged bankrupt by a court of competent jurisdiction or enters into a composition or scheme of arrangement for the benefit of creditors;
(d)is adjudged or declared by any competent court or tribunal to be of unsound mind;
(e)is convicted of an offence and is sentenced to imprisonment for a period of six months or more;
(f)is found guilty of gross misconduct; or
(g)dies.
(6)Where the office of a member of the Council becomes vacant, the Vice-Chancellor shall forthwith notify the vacancy to the appropriate appointing authority.
(7)The procedure, conduct and regulation of the affairs of the Council shall be determined in accordance with this Charter and the Statutes.
(8)The Council shall exercise prudent leadership, innovative enterprise, and good judgment in directing the University and shall always act in the best interest of the University.
(9)Subject to this Charter, the Council shall be the governing body of the University through which the Council—
(a)shall administer the property and funds of the University in a manner and for the purposes which shall promote the interest of the University but the Council shall not charge or dispose of immovable property of the University except in accordance with the procedures laid down by the Government of Kenya;
(b)shall, on behalf of the University, receive donations, endowments, gifts, grants or other monies and make disbursements therefrom to the University or other bodies or persons;
(c)shall provide for the welfare of the students and staff of the University;
(d)may enter into collaborations and linkages with other universities, or other institutions of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate;
(e)may, after consultation with the Senate, make regulations governing the conduct and discipline of the students of the University in accordance with the Statutes;
(f)may, after consultation with the University Management Board, make regulations governing the conduct and discipline of the staff of the University in accordance with the Statutes.
(10)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 Chairperson, the Vice-Chancellor or any other members of the Council generally or specifically authorized by the Council on its behalf.
(11)The Council shall ensure that a proper management structure is in place and make sure that the structure, functions of the Management Board maintains corporate integrity, reputation and responsibility.
(12)The Council shall monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University.
(13)The Council shall constantly review the viability and financial sustainability of the University, and shall do so at least once every quarter.
(14)The Council shall ensure that the University complies with all the relevant laws, regulations, governance practices, accounting and auditing standards; and
(15)shall perform such other duties as may be provided for in the Statutes.

15. The Student Association

(1)There shall be a student’s association of the University as provided for by the Act and the Statutes whose membership shall be as prescribed in the association’s constitution.
(2)There shall be a Student’s Council elected in accordance with section 41(3) of the Act.
(3)The student’s council shall have the following functions—
(a)oversee and plan, in consultation with the Senate, students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being of students;
(b)draw to the attention of appropriate authority where necessary special needs from particular students;
(c)offer suggestions to the Senate on matters affecting the well-being of students; and
(d)undertake such other functions as provided for in its governance instruments and as may be approved by the Council.

16. Alumni Association

(1)There shall be an Alumni Association of the University which shall consist of the graduates of Alupe University.
(2)The alumni association shall have the right to meet and discuss matters relating to the University and transmit resolutions thereon to the Council and the Senate and may exercise such other functions as the Act and the Statutes may prescribe.

Part IV – MANAGEMENT OF THE UNIVERSITY

17. Vice-Chancellor

(1)There shall be a Vice-Chancellor of the University who shall be appointed in accordance with the Act.
(2)The Vice-Chancellor shall be the chief executive of the University and shall—
(a)be the academic and administrative head of the University;
(b)have overall responsibility for the good and proper management of the University; and
(c)have such powers and duties as may be provided for by the Statutes.
(3)The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term of five years.

18. Senate

(1)There shall be a Senate of the University, as provided for in the Statutes, whose membership shall be—
(a)the Vice-Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Principal of each Constituent College;
(d)the Principals of each College within the University;
(e)the Deans of Schools, Directors of institutes, Centres and other academic units;
(f)the Chairpersons of Departments;
(g)the full Professors of the University;
(h)the Corporation Secretary or Chief Legal Officer;
(i)two members elected by the academic board or equivalent body, if any, of each Constituent College from among the members of such board or body;
(j)the University Librarian;
(k)one representative of each of the College Academic Boards appointed by the respective boards from amongst its members;
(l)one representative of each of the school academic boards appointed by the respective boards from amongst its members;
(m)the Dean of Students;
(n)the Director of Information, Communication and Technology services of the University;
(o)the Director of Quality Assurance;
(p)two members elected by the students’ organization, who shall however not be entitled to attend deliberations of the Senate on matters which are considered by the Chairperson of the Senate to be confidential or which relate to examinations, the general discipline of students, or other related matters; and
(q)such other member as the Council may determine in accordance with the Statutes.
(2)The Deputy Vice-Chancellor (Academic Affairs, Research and Student Affairs) shall be the Secretary to the Senate.
(3)The Senate shall have the following functions, powers and duties—
(a)to recommend to the Council the establishment, or abolition or harmonization of Faculties, Schools, Institutes, Units, Departments, and Centres as the Senate may from time to time deem necessary;
(b)subject to the Act, to make recommendations to the Council for the establishment, abolition or supervision of degree and other academic programmes and their titles in the University;
(c)to set the dates of the academic year and to determine the schedule of academic programmes within the academic year;
(d)to approve all syllabi of the University;
(e)to make regulations governing methods of assessing and examining the academic performance of students;
(f)to evaluate academic records of both undergraduate and postgraduate candidates for the purpose of admission into the University;
(g)to regulate the conduct of examinations;
(h)to appoint internal and external examiners and recommend to the Council the terms and conditions for their appointment;
(i)to approve the examination results;
(j)subject to the Act, to approve the award of degrees including the award of honorary degrees and other academic distinctions;
(k)to determine which qualifications or credits from other universities or institutions shall be acceptable as equivalent to particular qualifications of the University;
(l)to determine the procedure to be followed in the conferment of the degrees and other awards;
(m)to determine the design of academic dress and prescribe its use;
(n)to evaluate research, teaching, staffing and general work of anybody or a section of the University and if it so wishes to report and make recommendations thereon to the Council;
(o)to promote and administer the extra-mural, external and extension work of the University;
(p)to promote research and innovation work in the University;
(q)to promote co-operation and linkages with other institutions of higher learning and industry;
(r)to make regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards;
(s)to develop, implement and promote quality assurance systems and structures in all University operations;
(t)to promote the welfare of students and staff in the University;
(u)to propose regulations and procedures for the discipline of students and make recommendations thereof to the Council;
(v)to discontinue a student from a programme of study on academic grounds;
(w)to receive proposals from various Boards and Faculties, Institutes, Schools, Centers and to consider their recommendations and make appropriate decision;
(x)to recommend to the Council appropriate criteria for appointment and promotion of academic staff of the University;
(y)to review the Statutes from time to time and to present recommendations thereon to the Council provided that the Statutes shall be reviewed at least once every five years;
(z)to determine general policy matters relating to the library, laboratory facilities, teaching aids, workshops and such other academic services which are in its view necessary for the furtherance of the academic objectives of the University.
(4)The Senate shall exercise such other powers as may be conferred to the Senate by the Act, the Statutes or by the regulations and to do such other acts as the Council may authorize.
(5)Notwithstanding the provisions of this Charter, the Council shall not initiate any action in respect of academic matters except upon receipt of a report or proposal, from the Senate and the Council shall not reject any such report, or reject or amend any regulations as proposed without further reference to the Senate.

19. The University Management Board

(1)There shall be a University Management Board which shall perform the functions provided for in this Charter and the Statutes.
(2)The University Management Board shall consist of—
(a)the Vice-Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Principals of Colleges within the University;
(d)the Finance Officer;
(e)the Corporation Secretary;
(f)the Chief Legal Officer; and
(g)such other member of senior management as the Council may determine in accordance with the Statutes.
(3)The University Management Board shall assist the Vice-Chancellor in the day-to-day management of the University and shall, in this respect, be responsible for—
(a)the efficient management of the human, physical, and financial resources of the University;
(b)making proposals to the Council and the Senate on policies that have a University-wide application;
(c)coordination of the University strategic and development plans; and
(d)any other matters related to the management of the University.

20. The Deputy Vice-Chancellors

(1)The Council shall appoint two or more Deputy Vice-Chancellors in accordance with the Statutes and the Deputy Vice-Chancellors shall, under the general authority of the Vice-Chancellor, exercise such powers and perform such duties as may be provided for by the Statutes.
(2)A Deputy Vice-Chancellor shall hold office upon such terms as may be provided for by the Statutes and shall serve for a term of five years and shall be eligible for re-appointment for one further term of five years.

21. The Principals of Colleges within the University

(1)The Council shall, for each college within the University and in accordance with the Statutes, appoint a Principal for each college who shall be the academic and administrative head of the college and shall, under the general authority of the Vice-Chancellor, have such other powers and duties as may be provided for by the Statutes.
(2)The Principal shall hold office upon such terms as may be provided for by the Statutes and shall serve for a period of five years and shall be eligible for re-appointment for one further term.

22. The Convocation

(1)There shall be a convocation of the University which shall consist of the graduates of the University, faculty members and such other persons as may be prescribed by the Statutes.
(2)The convocation shall have the right to meet and discuss any matter relating to the University and transmit resolutions thereon to the Council and the Senate, and may exercise such other functions as may be provided for in the Statutes.

23. The Staff of the University

(1)The teaching staff of the University shall consist of all the members of staff who are engaged in teaching and research.
(2)The senior management staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges of the University, the Finance Officer, the Corporation Secretary and Chief Legal Officer and such other members of staff as the Council may determine from time to time.
(3)The administrative staff of the University shall consist of the Registrars, the Directors and such other members of staff engaged in general administration as the Council may determine from time to time.
(4)The technical staff of the University shall consist of the 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.
(5)The support staff of the University shall consist of the staff engaged in support services and such other persons as the Council may determine from time to time.
(6)All members of staff of the University shall, subject to this Charter, 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 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 impose, delegate, either generally or specifically, to any person, committee, or body, the power to appoint any member of the staff of the University.
(8)All members of staff of the University shall—
(a)be employed in accordance with the Statutes or as otherwise specifically provided by the Statutes or by the terms of a particular appointment; and
(b)be subject to the general authority of the Council and of the Vice-Chancellor.

24. Performance of Functions in Absence of Office Holders

(1)In the event of the incapacity of the Vice-Chancellor, the Council shall appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days.
(2)In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council may appoint one of the Principals of Colleges within the University to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days.
(3)In the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges within the University, the Council may appoint a member of the academic staff at the level of professor to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of one hundred and eighty calendar days.
(4)In the event of the incapacity of any member of staff of the University other than the Vice-Chancellor and Deputy Vice-Chancellors, the Vice-Chancellor may appoint a suitable person to perform the functions of the said officer during the period of incapacity subject to a maximum of one hundred and eighty calendar days.
(5)In this paragraph, "incapacity" includes absence from Kenya and inability for any reason to perform the functions of the office concerned or as may be provided for in the Statutes.

Part V – FINANCIAL PROVISIONS

25. Annual Estimates

(1)Before the commencement of a financial year, the Council shall cause to be prepared estimates of all revenue and expenditure of the University for that year.
(2)The annual estimates shall make provision for all the estimated expenditure of the University 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;
(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;
(c)for the proper maintenance of the buildings and grounds of the University;
(d)for the proper maintenance, repair and replacement of plant, equipment and other movable property of the University;
(e)for the funding of the cost of teaching, research and outreach activities of the University;
(f)for development purposes; and
(g)for the creation of such funds to meet future or contingent liabilities in respect of death benefits insurance or replacement of building, plant and equipment and in respect of such other matters as the Council may deem fit.
(3)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.
(4)No expenditure shall be incurred for the purpose of the University except in accordance with the annual estimates approved under subparagraph (3) or in pursuance of an authorization of the Council given with the prior approval of the Cabinet Secretary.

26. Funds of the university

(1)The funds of the University shall be sourced in accordance with provisions of sections 44 (3) and 45 of the Act, and shall include—
(a)capitation grants;
(b)income generating activities undertaken by the University;
(c)loans from government and financial institutions; and
(d)such other subscriptions, donations or bequests as the Council may, subject to any other written law, regulations and guidelines, appeal for and receive from the general public for the benefit of the University.
(2)Unexpended balances of grants may be expended from one year to the next in accordance with provisions of section 46 of the Act.

27. Accounts and Audit

(1)The Council shall cause to be kept audited proper books of accounts of the income, expenditure and assets of the University.
(2)Within a period of three months from the end of each financial year, the Council shall submit to the Auditor-General, the accounts of the University together with—
(a)a statement of income and expenditure during that year; and
(b)a statement of the assets and liabilities of the University on the last day of that year.
(3)The accounts of the University shall be audited by the Auditor-General in accordance with the Public Audit Act (Cap. 412B).
(4)The Auditor-General may transmit to the Cabinet Secretary a special report on any matters incidental to his powers under this Charter, the Act and the Public Audit Act (Cap. 412B) shall apply to any report made under this paragraph.

28. Investment of Funds

(1)The Council may invest any of the funds of the University in securities, treasury bonds, trust funds or in any other securities which the National Treasury may approve from time to time.
(2)The Council may place on deposit with such banks as it may determine any monies not immediately required for the purposes of the University.

29. Financial Year

(1)The financial year of the University shall be the period of twelve months commencing on the 1st July and ending on 30th June in the following 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 a new financial year consequent upon the change, the transitional period, whether more or less than twelve months, shall be deemed for the purposes of this Charter to be a fiscal year.

Part VI – MISCELLANEOUS PROVISIONS

30. Instruments of Governance

(1)The University shall conspicuously display all its instruments of governance.
(2)Where any instrument is revoked under this Charter, the University shall, within fourteen days of such revocation, return the original instrument of governance to the Commission subject to the provisions of this Charter.

31. Instruments of Authority

(1)Subject to this Charter, the University shall possess following instruments of authority—
(a)the University Mace;
(b)the Common Seal;
(c)the University Logo;
(d)the University Flag;
(e)the Anthem; and
(f)the Assessment Report.
(2)The Mace shall be kept in such custody as the Council may direct.
(3)The Mace shall be used as specified in the Statutes.
(4)The Flag and the Anthem shall be as specified in the Statutes.
(5)No person, body, authority and or organization performing any function related to administration, registration of companies, business, trade, advertisement, calling, profession, use of the Common Seal and Logo of the Kaimosi Friends University except with the consent of the Council and any authorized representative of the Council.

32. The Common Seal

(1)The common seal of the University shall be kept in such custody and used only as the Council may direct.
(2)The common seal of the University shall be authenticated by the signatures of the Vice-Chancellor together with any other person duly authorized by the Council.
(3)The common seal of the University 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 deemed to have been duly given.

33. The Statutes

(1)In the performance of its functions under this Charter, the Council shall, subject to this Charter, make Statutes generally for the governance, control and administration of the University and for the better carrying into effect of the purposes of this Charter, and in particular for the—
(a)establishment of colleges, campuses, faculties, schools, directorates, institutes and centres of the University;
(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)prescribing the rules and regulations for the conduct and organisation of student affairs;
(g)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;
(h)constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and
(i)providing for or prescribing anything, which, under this Charter may be provided for by the Statutes.
(2)Notwithstanding subparagraph (i), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of the Chancellor, Vice-Chancellor or Senate without first ascertaining the opinion of the Senate.
(3)The 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 half of the total membership of the Council.
(4)Provided that the Council shall, immediately after the award this Charter to the University, have the powers to make Statutes for the University under this Charter.
(5)Notwithstanding the generalities of subparagraph (4) the Statutes made hereof shall not be in force before the award of this Charter to the University.

34. 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 words "Alupe" and "University", together in any order, 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 "Alupe" and "University", together in any order and 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 on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or to both.
(3)Notwithstanding the foregoing, 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 the person of a degree, diploma or certificate by the University.

35. Revocation

(1)The Alupe University College Order of 2015 is revoked.
(2)Notwithstanding subparagraph (1)—
(a)all directions, orders, appointments, requirements, authorizations, other things given, taken or done under, and all funds, assets and other property acquired by virtue of that Order, shall, insofar as not inconsistent with this Charter, be deemed to have been given, taken, done or acquired under this Charter; and
(b)the persons constituting the Council of the Alupe University College shall continue to discharge responsibilities and exercise such powers and functions as set out in the Act until the Council of the University is appointed in accordance with the Act.

36. Transitional

(1)The Council in existence immediately before the award of this Charter shall remain in office and shall function as the Council of the Alupe University until the appointment of the substantive Council of the University.
(2)The Council under subparagraph (1) may develop Statutes for Alupe University under this Charter and the Statutes so made shall be deemed to have been made under this Charter.
(3)The persons occupying the positions of Principal and Deputy Principals of the Alupe University College shall continue to discharge their responsibilities and exercise such powers as set out in the Act, this Charter and the Statutes of Alupe University until the Vice-Chancellor and other officers of the University are appointed and assume office.
(4)Any student pursuing a degree programme at the Alupe University College immediately before the award of this Charter and who has completed more than 50% of the subject matter of the programme, or less than 50% in exceptional cases to be determined by the Senate, may upon such award have an option—
(a)to continue and be awarded a degree of the Alupe University; or
(b)to be awarded a degree of the Moi University.
(5)The option referred to in subparagraph (4) shall only be exercised by a student subject to an agreement between the Alupe University and the Moi University, after consideration of relevant matters including—
(a)the availability of space; and
(b)the accreditation of the relevant academic programme.

37. Variation and Revocation of this Charter

This Charter may be varied, amended or revoked in accordance with the provisions of the Act.
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