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The Charter for Lukenya University

Legal Notice 162 of 2022

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The Charter for Lukenya University
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Legal Notice 162 of 2022
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Universities Act
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Legal Notice
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LAWS OF KENYA

UNIVERSITIES ACT

THE CHARTER FOR LUKENYA UNIVERSITY

LEGAL NOTICE 162 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 Lukenya University Board of Trustees, wishes to establish an institution in the name of Lukenya University, situated in Makueni County within the Republic of Kenya;AND WHEREAS the said Lukenya University has applied to the Commission for University Education, for the grant of a Charter to provide for the establishment, control, governance, and administration of the University and for connected purposes, in the manner prescribed by the Universities Act (Cap. 210);AND WHEREAS the Commission for University Education has visited and inspected the said institution, and is satisfied that the objects of Lukenya University are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for University Education is also satisfied that Lukenya 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, Ministry of Education on the said institution, and the Cabinet Secretary, Ministry of Education is satisfied that Lukenya University be granted the Charter;AND WHEREAS the Cabinet Secretary in the Ministry of Education has submitted the Charter to me with recommendations thereon;AND WHEREAS I am satisfied that the granting of the Charter to Lukenya University will be of benefit to the advancement of university education in Kenya;NOW THEREFORE, by these presents, be it known that in the exercise of the power conferred upon me by section 19 of The Universities Act (Cap. 210), I, UHURU MUIGAI KENYATTA, President and Commander in-Chief of the Defence Forces, of the Republic of Kenya, grant the Charter to Lukenya University.

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the Lukenya University Charter.

2. Interpretation

In this Charter, unless the context otherwise requires—"Act" means the Universities Act (Cap. 210);"administrative staff" means employees of the University;"Alumni Association" means the organization of the past students and stakeholders established in accordance with paragraph 20 of this Charter;"annual estimates" means the estimates prepared in accordance with paragraph 32 in respect of any financial year;"Board of Trustees" means the Board of trustees of Lukenya University Trust established under the Trustee (Perpetual Succession) Act (Cap 164);"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to university education;"Campus" means a campus established by the University pursuant to paragraph 7 of this Charter;"Chancellor" means the Chancellor of the University appointed under paragraph 17 of this Charter;"College" means an academic unit made up of faculties, Schools or institutes, and includes a Constituent College;"Commission" means the Commission for University Education established under the Act;"constituent college" means a semi-autonomous academic unit of the University, established under paragraph 6 of this Charter;"Convocation" means the Convocation of the University established under paragraph 10 of this Charter;"Council" means the Council of the University established under paragraph 18 of this Charter;"Dean" means an academic officer of the Faculty responsible for matters of Academic Policy that affect the faculty;"Deputy Vice-Chancellor" means a Deputy Vice-Chancellor of the University appointed under paragraph 24 of this Charter;"faculty" means a faculty of the University;"financial year" means the financial year of the University as prescribed by the Council;"graduate" means a person upon whom an earned academic qualification has been awarded and or conferred by the University;"Institute" means an institute of the University established by the statutes;"lecturer" means a staff of the University who is a full professor, associate professor, senior lecturer, lecturer or tutorial fellow or a person who holds any other teaching or research position which the Council, on the recommendation of the Senate, has recognized as a position having academic status in the University;"Librarian" means the person appointed to be the Librarian of the University;"Senate" means the Senate of the University established under paragraph 23 of this Charter;"School" means a school of the University established by the Statutes;"Statutes" means statutes of the University made by the Council as provided under paragraph 37 of this Charter;"student" means a person registered by the University for the purposes of obtaining a qualification of the University or any other person who is determined by the Senate to be a student;"Students Association" means association of Lukenya University students recognized by the Council as being an organization representative of the students of the University as established under paragraph 19 of this Charter;"Vice-Chancellor" means the Vice-Chancellor of the University appointed under paragraph 21 of this Charter;"Sponsor" means the Lukenya University Trust established under the Trustee (Perpetual Succession) Act (Cap 164);"University Management Board" means the Management Board of the University established in paragraph 22 of this Charter;"University" means the Lukenya University established by this Charter.

Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

3. Establishment and Incorporation of the University

(1)There is established a University to be known as the Lukenya University.
(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 or 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 Charter which may be done by a corporate body.
(3)The University is the successor of the Lukenya University constituted under a Letter of Interim Authority issued on 16th November, 2015.
(4)Subject to this Charter, all rights, duties, obligations, staff, liabilities and assets of the Lukenya University held by or by or on behalf of the Lukenya University and existing at the commencement of this Charter, shall be automatically and fully transferred to and vest in the University.

4. Vision, Mission, Philosophy and Core Values

(a)VisionTo be a dynamic University committed to excellence in teaching, research, training and community service.
(b)MissionProvide solutions through education, training, research and community service.
(c)PhilosophyThe Lukenya University embraces a Green Philosophy. In this undertaking, we believe in the use of renewable technologies in global food security, energy and sustainability, health and universal education.
(d)Core ValuesLukenya University shall have the following as its core values—
(a)innovativeness;
(b)responsiveness to customer needs;
(c)inclusiveness;
(d)integrity;
(e)team work;
(f)community Service; and
(g)excellence.

5. Aims, objectives and functions of the University

(1)The aims of the University are to—
(a)provide post basic-education training by use of practical pedagogy methodology ideal for each academic programme;
(b)conduct research in collaboration with the industry and other key stakeholders;
(c)develop a world-class higher education learning environment and provide required resources ideal for training, education and research for students, staff, industry and community;
(d)recruit, develop and retain exceptional staff with outstanding teaching and research background and capacity;
(e)develop and implement a university curriculum that inculcates positive attitudes towards work, research, innovation, honesty and self-discipline;
(f)maximize the impact of research and scholarship to students, staff, industry and community;
(g)be at the forefront in the pursuit for market-oriented courses and student-centred methods of study; and
(h)uphold learning, professionalism and employability through the integration of academic theory and relevant professional and vocational practice.
(2)The objectives of the University are—
(a)to help students and graduates understand and develop the necessary skills to equip them for whatever career path they choose;
(b)to source and provide up-to-date information about occupations, fields of work, postgraduate courses and research opportunities, organizations and their vacation work and post-graduation vacancies;
(c)to provide opportunities for students and graduates to understand their competencies, aspirations and options through a variety of means, including personal discussion with professional advisers;
(d)to provide services impartially, confidentially, efficiently and free from discrimination, adhering to national and international codes of good practice and professional standards;
(e)to recruit, train and develop staff at all levels, to enable these aims and objectives to be met;
(f)to align the University research agenda into national and international priorities;
(g)to promote the development of the skills and attributes of students which will strengthen their employability and career development; and
(h)to widen and strengthen links with industry and local employers to meet local and regional skills needs.
(3)Functions of the University shall be to—
(a)establish and maintain facilities and provide resources required for effective teaching, learning, research and community service;
(b)determine credentials and qualifications for academic and non-academic staff to perform various functions within the University;
(c)recruit, develop, and manage a qualified and competent workforce;
(d)market the University, attract and register qualified learners;
(e)offer quality academic services to students, scholars and researchers;
(f)assess and examine students; and grant degrees, diplomas, certificates and other awards to qualified candidates;
(g)offer training to the industry;
(h)promote research and innovation;
(i)establish, implement and manage a system for preservation, processing, transmission and dissemination of knowledge;
(j)offer community service; and
(k)carry out any other function in furtherance of the provisions of this Charter which may lawfully be done or performed in line with the Act.
(4)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 without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, color, creed, physical ability or gender.
(5)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.

6. Establishment of Constituent Colleges

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

7. Establishment of Colleges, Campuses, Faculties, Schools, Institutes and Centres

(1)The Council may, on the advice of the Senate, establish Colleges within the University or campuses to offer training and courses of instruction consistent with its mission and objects whose functions and powers shall be as provided for by the Statutes provided that such campuses shall operate with the approval of the Commission.
(2)A College or campus which is established shall consist of such faculties, schools, institutes or centres as may be provided for by the Statutes.

8. Affiliation and Collaboration with other Institutions

(1)The University is affiliated to Lukenya College and Lukenya Schools.
(2)The affiliation is in ownership, financing and management.
(3)The University may collaborate with any individual, other individual organizations, groups or institutions, government and government agencies; or international organisations as may be provided for in the Statutes.

9. Conferment of Degrees, Grant of Diplomas, Certificates and other Awards

(1)Subject to this Charter, the University shall—
(a)confer Bachelor’s degrees, Master’s degrees, Doctorate degrees and other awards;
(b)grant diplomas, certificates and other academic awards as may be provided for by the Statutes; and
(c)confer honorary degrees 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 University may award fellowships, scholarships, bursaries and prizes and make other awards as may be provided for in the Statutes.

10. Convocation

(1)There shall be a convocation of the University which shall consist of such members as prescribed by the Statutes.
(2)The convocation shall be convened for purposes of conferment and granting of awards and for such other functions as may be outlined in the Statutes.

11. Withdrawal of Degrees, Diplomas, Certificates and Other Awards

The Council may, subject to this Charter, and on the recommendation of the Senate, for good cause, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards as may be provided for in the Statutes.

Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

12. Membership of the University.

The members of the University shall be—
(a)the Sponsor;
(b)the Board of Trustees;
(c)the Chancellor;
(d)the Council;
(e)the Vice-Chancellor;
(f)the Senate;
(g)the University Management Board;
(h)the Deputy Vice-Chancellors;
(i)the Principals of Constituent Colleges;
(j)the Principals of Colleges within the University;
(k)the Registrars;
(l)the Deans and Directors;
(m)the University Librarian;
(n)the staff of the University;
(o)the Head of Finance;
(p)the Heads of Colleges, Schools and Institutes;
(q)the Medical Officer;
(r)the Corporation Secretary and Chief Legal Officer of the University;
(s)the Students;
(t)the Convocation;
(u)the Alumni; and
(v)such other members of the 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. Governance of the University

The governance of Lukenya University shall be vested in the following organs—
(a)the Sponsor;
(b)the Board of Trustees;
(c)the Chancellor;
(d)the Council;
(e)the Students Association; and
(f)the Alumni Association.

14. Sponsor

The Sponsor for the University is Lukenya University Trust established under the Trustee (Perpetual Succession) Act (Cap. 164).

15. The Board of Trustees

(1)The Board of Trustees of the Sponsor shall be the Board of Trustees of the University and shall—
(a)appoint members of the Council;
(b)raise funds for the benefit of the University in accordance with any written law or financing arrangement under section 51A of the Act;
(c)promote the objects of the University;
(d)appoint the Chancellor; and
(e)undertake such other function or duties as may be conferred upon the Board of Trustees by relevant legal instrument.
(2)The Board of Trustees may establish a Secretariat to manage the affairs of the Board of Trustees.

16. Chancellor

(1)There shall be a Chancellor of the University who shall be appointed by the Board of Trustees.
(2)The Chancellor shall be a holder of at least a Master’s Degree from a recognized University in a relevant field and having served for a period of not less than twenty years in distinguished positions in either public or private sector.
(3)A person shall be qualified to be appointed as the Chancellor if the person is a distinguished person of good standing in the society.
(4)The Chancellor—
(a)shall be the titular head of the University and shall, in the name of the University, confer degrees and grant diplomas, certificates and other awards of the University;
(b)may from time to time, recommend to the Board of Trustees a visitation of the University;
(c)may from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the University;
(d)shall enjoy such powers and privileges and perform such other functions as may be provided in the Statutes.
(5)The office of the Chancellor shall become vacant if the Chancellor—
(a)resigns from office by notice in writing addressed to the chairperson of the Board of Trustees;
(b)is, by reason of physical or mental infirmity, unable to exercise the functions of his office to the satisfaction of the Board of Trustees;
(c)is declared bankrupt or makes any arrangements or propositions with creditors generally;
(d)fails to perform the duties of his office for a continuous period of six months without a valid reason; or
(e)dies.

17. The Council

(1)There is established a Council which shall be appointed by the Board of Trustees as follows—
(a)the Chairperson who shall be a distinguished person who holds a minimum of a Master’s degree from a recognized University or its equivalent with over twenty-five-years’ work experience in a corporate environment;
(b)seven persons with distinguished qualifications and experience as follows—
(i)one person of the rank of a Professor in their respective field and a holder of an earned Doctor of Philosophy degree;
(ii)an advocate of the High Court of Kenya with ten years post admission experience and a member of the Law Society of Kenya in good standing;
(iii)a financial expert with ten years’ experience and a holder of either a Bachelor of Commerce degree with a CPA (K) or its equivalent or a holder of a Master’s Degree in Economics;
(iv)a banker with over ten years’ experience and a holder of a minimum of a bachelors’ degree in relevant field;
(v)a business professional with a proven record of having started and grown a successful business for not less than ten years;
(vi)a person with over ten years’ experience in managing large institutions at national and or international levels; and
(vii)a person appointed to represent interest of the Board of Trustees, and
(c)the Vice-Chancellor, who shall be the Secretary and an ex officio member of the Council.
(2)In the absence or incapacity of the Chairperson, the Council shall appoint from amongst themselves, any other person, except an ex officio member, to be the acting Chairperson.
(3)Members of the Council shall, except the Vice-Chancellor, hold office for a term of three years and shall be eligible for re-appointment for one further term.
(4)The Council may establish such committees as may, in the opinion of the Council, lead to its more efficient and effective functioning.
(5)Where the office of a member of the University Council becomes vacant, the Chairperson shall notify the vacancy to the Board of Trustees.
(6)The office of a member of the Council shall become vacant if the member—
(a)not being an ex officio member, resigns from office in writing addressed to the Secretary of the Council;
(b)has the appointment terminated by the Board of Trustees;
(c)is, by reason of physical or mental infirmity or otherwise, unable to discharge his duties as required to the satisfaction of the Board of Trustees;
(d)is absent for three consecutive Council meetings without good reason;
(e)is found to be involved in unbecoming behaviour as determined by the Council, in consultation with the Board of Trustees;
(f)is found to be directly or indirectly involved in any business conflicting with the function of the University and fails to disclose the conflicting interest;
(g)is declared bankrupt; or
(h)dies.
(7)The Board of Trustees shall replace a member of the Council within sixty days upon being notified of the vacancy.
(8)The Vice-Chancellor shall be the secretary to the Council.
(9)The procedure, rules and regulations of meetings of the Council shall be prescribed in the Statutes.
(10)The Council shall regulate its own rules of procedure and may amend or modify them from time to time provided that such rules of procedure are consistent with the provisions of the Act and this Charter and provided further that where any such rules of procedure are in conflict with or inconsistent with the provisions of the Act, the Universities.
(11)In addition to the powers and responsibilities vested to it under the Act and this Charter, the Council shall be responsible for the general supervision and control over the affairs of the University, and the power to prescribe regulations and policies of the University, including powers to—
(a)manage, supervise and administer the assets of the University in such a manner as best promotes the purpose for which the University is established;
(b)determine the provisions to be made for capital and recurrent expenditure and for reserves of the University;
(c)receive any grants, donations or endowments on behalf of the University and make legitimate disbursements therefrom;
(d)enter into association, collaboration or linkages with other bodies or organizations within or outside Kenya as the University may consider desirable or appropriate and in furtherance of the purpose for which the university is established;
(e)open a banking account or accounts for the funds of the University.
(f)employ the staff of the University;
(g)approve any proposed amendments to this Charter of the University;
(h)make Statutes for the University under this Charter in accordance with the Act;
(i)promote the objects of the University and to solicit or raise funds either directly or through any other agency or entity established for that purpose, or other friends and supporters of the University and to apply such funds for the purpose and objects of the University;
(j)hold, control and administer the property, funds and resources of the University and to borrow or raise money for the purposes of the University upon such security and other terms as may be required;
(k)establish, promote, create and/or participate in the establishment, promotion, creation of a subsidiary, subsidiaries or an affiliated legal entity or entities either directly by itself or through or in partnership with other legal entity or entities in furtherance of the objects and purposes of the University including income generating activities to sustain the operations of the University;
(l)formulate or approve the principles, policies and plans governing the activities and operations of the University so as to ensure that the academic staff enjoy academic freedom in their research and educational work;
(m)prepare or have prepared and revised from time to time statutes, rules and regulations for the efficient and effective operation of the University;
(n)review and approve the creation of any standing component of the University, such as faculties, colleges, campuses, programmes, institutes, standing committees and councils and other administrative bodies necessary to assist or improve the working of the University;
(o)approve the plans of work and annual budget of the University submitted by the Vice-Chancellor;
(p)enquire of, and consider reports submitted by the Vice-Chancellor relating to the activities of the University and the execution of the plans of work and to direct the Vice-Chancellor to submit reports relating to any matters as may be specified by the Council from time to time;
(q)to create such academic or administrative positions as it may consider necessary for the purposes of the University and to approve appointments to such of these positions as it may specify, including the positions of provost, deans, directors, head of the library, professors and associate professors;
(r)undertake responsibility for the financial integrity of the University, including responsibility for ensuring sustainability and effectiveness of its future operations, their continuity and the preservation of the autonomy of the University;
(s)approve all affiliations and other similar arrangements through which institutions or individuals may become associated with the University;
(t)enter into agreements, contracts, collaborations, understandings and arrangements with governments, organizations, institutions, bodies, individuals and other persons for the purpose of carrying out its functions and activities.
(u)take all such initiatives, as it may consider necessary or desirable for the efficient or effective management and functioning of the University; and
(v)perform such other functions as may be assigned to it by the Board of Trustees.

18. Students’ Association

(1)There shall be a Students’ Association of the University as provided for in the Act and which shall comprise of all students of the University.
(2)The Students’ Association shall elect a Students Council which shall have the following functions—
(a)overseeing and planning, in consultation with the Senate and the University Management Board, students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being;
(b)drawing the attention of the appropriate authorities, where necessary, to the special needs of the students;
(c)undertaking such other functions as provided in its governance instruments approved by the Senate; and
(d)undertaking such other functions as provided in its governance instrument as approved by the University Council.
(3)The Senate shall formulate, review and approve a constitution for governing the affairs of the Students’ Association.

19. Alumni Association

(1)The University Management may establish an Alumni Association as provided for in the Act, which shall consist of the graduates of the University and any other persons as may be provided by its constitution, beginning with the first graduation, and such other persons as may be declared to be members by the Council.
(2)The objectives and the governance of the Alumni Association shall be guided by a constitution drawn up by the Alumni of the University.
(3)The constitution of the Alumni Association shall be approved by the Council and shall not be inconsistent with this Charter.
(4)The functions of the Alumni Association shall be—
(a)to promote academic and professional excellence;
(b)to encourage unity among the graduates of the University;
(c)to engage in development projects of the University;
(d)to promote the University’s welfare through sponsorship programmes; and
(e)to promote co-operation between the University, community and industry.
(5)The Alumni Association shall be responsible to the Vice-Chancellor.

Part IV – MANAGEMENT OF THE UNIVERSITY

20. Vice-Chancellor

(1)There shall be a Vice-Chancellor of the University who shall be appointed by the Council.
(2)The terms and conditions of appointment of the Vice-Chancellor shall be as provided for in the Statutes.
(3)The Vice-Chancellor shall be the Chief Executive Officer of the University and shall—
(a)have the overall responsibility for the direction, organisation, administration and academic programmes of the University;
(b)be the Chairperson of the Senate and the University Management Board;
(c)be responsible to the Council for the general conduct and discipline of staff and students of the University; and
(d)carry out any other duty or responsibility as may be assigned by the Council.
(4)The Vice-Chancellor shall hold office for a term of four years and shall be eligible for re-appointment for one further term.
(5)The office of the Vice-Chancellor shall become vacant if the Vice-Chancellor—
(a)resigns from the office by notice in writing addressed to the Chairperson of the Council;
(b)is, by reason of physical or mental infirmity, unable to exercise the functions of his office;
(c)is declared bankrupt by court of law or makes any arrangements or propositions with creditors generally;
(d)fails to perform the duties of his office without a valid reason; or
(e)dies.
(6)The Vice-Chancellor shall be the Secretary during consultative meetings that involve the Council, the Chancellor or the Board of Trustees, and in the absence of the Vice-Chancellor the Deputy Vice-Chancellor shall be the Secretary. In the absence of the Vice-Chancellor and the Deputy Vice-Chancellor, the members present shall appoint from among themselves one to be the Secretary.
(7)The provisions of this paragraph shall apply, with necessary modifications, to the Principal of a Constituent College.

21. University Management Board

(1)There shall be a University Management Board which shall assist the Vice-Chancellor with the day-to-day management operations of the University and implementation of the policies of the University and further undertake such other functions as shall be set out in this charter.
(2)The membership of the University Management Board shall consist of—
(a)the Vice-Chancellor, who shall be the Chairperson; and
(b)the Deputy Vice-Chancellors;
(c)the Registrar;
(d)the Chief Financial Officer;
(e)the Corporation Secretary and Chief Legal Officer;
(f)the Quality Assurance Officer; and
(g)any other members as may be provided for in the Statutes.
(3)The functions of the Management Board shall be—
(a)to formulate and propose rules and regulations to the Council for the administration of the University;
(b)to manage and administer the daily operations of the University;
(c)to formulate and implement the University plans, policies, strategies and programmes;
(d)prepare, review, and recommend annual budgets and monthly financial statements to the Board through the Council;
(e)collect fees;
(f)facilitate annual audit of the University accounts;
(g)establish and maintain efficient and effective policies and procedures in all areas of financial management;
(h)make recommendations to the Council concerning matters of capital development and University staff establishment; and
(i)to perform any other function as prescribed in the Statutes or as directed by the Council.

22. Senate

(1)There shall be a Senate of the University which shall be responsible for all academic matters of the University.
(2)The membership of the Senate shall be—
(a)the Vice-Chancellor, who shall be Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Principals of each constituent college of the University;
(d)the Principals of each College and Campus of the University;
(e)the Deans of Schools, Associate Deans, Directors of Institutes, Centres and other academic units;
(f)the registrars;
(g)the Deans, Directors and Chairpersons of Academic Departments;
(h)the Principals of Colleges;
(i)the Directors of Schools and Institutes;
(j)the Professors of the University;
(k)the University Librarian;
(l)the Corporation Secretary and Chief Legal Officer;
(m)two Student Representatives; and
(n)such other members as may be provided for in the Statutes.
(3)The Deputy Vice-Chancellor (Academics) shall be the Secretary of the Senate.
(4)The Senate shall set admission and graduation standards and requirements.
(5)The Senate shall initiate and implement academic policies of the University that have previously been approved by the Council and shall perform such other academic functions as are prescribed by the Council from time to time.
(6)The Senate shall select, examine and admit students.
(7)The office of a member of the Senate shall become vacant if the member—
(a)ceases to be a member of the University;
(b)ceases to be a member of Senate by virtue of the office held;
(c)contravenes any of the membership requirements;
(d)is declared bankrupt;
(e)by majority vote of the members of the Senate present and voting, and with approval of the Council, his membership is revoked; or
(f)dies.
(8)The functions, powers and duties of the Senate shall be—
(a)satisfying itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University;
(b)proposing Statutes to be made by the Council regarding the eligibility of persons for admission to degree, diploma and certificate programmes;
(c)proposing Statutes to be made by the Council regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificates or other awards of the University;
(d)deciding which persons have attained prescribed standards of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other awards of the University;
(e)initiating proposals relating to the conduct of the University’s academic programmes or affairs generally and making representations thereon to the Council;
(f)recommending to the Council the establishment, or abolishing or harmonizing of Faculties, Schools, Institutes, Units, Departments, and Centres as the Senate may from time to time deem necessary;
(g)subject to the Act, making recommendations to the Council for the establishment or abolition or supervision, degree and other academic programmes and their titles in the University;
(h)setting the dates of the academic year and determining the schedule of academic programmes within the academic year;
(i)approving all syllabi of the University;
(j)making regulations governing methods of assessing and examining the academic performance of students;
(k)evaluating academic records of both undergraduate and postgraduate candidates for the purpose of admission into the University;
(l)regulating the conduct of examinations;
(m)appointing internal and external examiners and recommending to the Council the terms and conditions for their appointment;
(n)approving the examination results;
(o)subject to the Act, approving the award of degrees including the award of honorary degrees and other academic distinctions;
(p)determining which qualifications or credits from other Universities or institutions shall be acceptable as equivalent to particular qualifications of the University
(q)determining the procedure to be followed in the conferment of the degrees and other awards;
(r)determining the design of academic dress and prescribing its use;
(s)evaluating research, teaching, staffing and general work of anybody or a section of the University and if it so wishes reporting and making recommendations thereon to the Council;
(t)promoting and administering the extra-mural, external and extension work of the University;
(u)promoting research and innovation work in the University;
(v)promoting co-operation and linkages with other institutions of higher learning and industry;
(w)making regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards;
(x)developing, implementing and promoting quality assurance systems and structures in all University operations;
(y)promoting the welfare of students and staff in the University;
(z)proposing regulations and procedures for the discipline of students and making recommendations thereof to the Council;
(aa)receiving proposals from various Boards and Faculties, Institutes, Schools, Centers and considering their recommendations and make appropriate decision;
(bb)recommending to the Council appropriate criteria for appointment and promotion of academic staff of the University;
(cc)reviewing the Statutes from time to time and presenting recommendations thereon to the Council provided that all Statutes shall be reviewed at least once every five years;
(dd)determining 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 The Senate may establish such committees as it deems necessary for efficient and effective discharge of its functions.
(9)Subject to the Act, this Charter, and the Statutes the Senate may regulate its own procedures, the conduct of its business and the conduct of its meetings.
(10)The Senate shall recommend to the Council any amendments to the Statutes and make regulations governing such matters as are within its powers in accordance with this Charter and the Act.

23. Deputy Vice-Chancellors

(1)The Council shall appoint such Deputy Vice-Chancellors as may be necessary to assist the Vice–Chancellor in matters prescribed in the Statutes.
(2)A Deputy Vice-Chancellor shall operate under the general authority of the Vice-Chancellor and shall exercise such powers and perform such duties as may be specified by the Statutes.
(3)The Deputy Vice-Chancellors shall hold office for a term of three years on terms and conditions of service as may be prescribed by the Council.
(4)The provisions of this paragraph shall apply with necessary modifications to a Principal of each Constituent Colleges.

24. Principals of Constituent Colleges

(1)The Principal of a Constituent College shall be appointed by the Council through a competitive recruitment process and shall be the academic and administrative head of the Constituent College.
(2)The Principal shall hold office upon such terms and for such periods as may be provided for by the Statutes and upon expiration of that period, shall be eligible for re-appointment for one further term.

25. The Principals of Colleges within the University

The Council shall, for each College and Campus of the University, appoint Principals for Colleges within the University through a competitive recruitment process who shall be the academic and administrative head of the College and shall, under the general authority of the Vice-Chancellor, have such powers and duties as may be provided for by the Statutes.

26. Staff of the University

(1)The teaching staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of Colleges of the University, the Librarian and all members of staff who are engaged in teaching and research.
(2)The administrative staff of the University shall consist of the Registrars, the Directors, Finance Officer, Legal Officer and such other members of staff not being engaged in teaching or research, as the Council may determine from time to time.
(3)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 determine from time to time.
(4)The support staff of the University shall consist of the staff engaged in general duties and such other persons as the Council may determine from time to time.

27. Performance of Duties during Incapacity of an Office Holder

(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 the 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 shall 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 the 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 or inability for any other reason to perform the functions of the office concerned or as may otherwise be provided for in the Statutes.

Part V – FINANCIAL PROVISIONS

28. Financial Year

(1)The financial year of the University shall be the period of twelve months commencing the 1st January and ending the 31st December of each year or such other period as may be prescribed by the Statutes.
(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 financial year.
(3)The University Management Board shall propose and submit annual estimates to the Council two months before the commencement of the financial year for its approval in consultation with the Board of Trustees.

29. Sources of Funds and Resources

(1)The funds and resources of the University shall be derived from—
(a)tuition fees and other charges;
(b)research, consultancies and training;
(c)donations and grants;
(d)income from University auxiliary enterprises and investments;
(e)endowments, gifts, trusts and bequests; and
(f)such other sources as the University may from time to time identify.
(2)The University Management shall propose and the Council shall, in consultation with the Board of Trustees, approve the fees to be charged by the University.
(3)Any funds received by the University from any donor shall, unless otherwise approved by the University, be used or channeled exclusively for the intended purpose as agreed between such donor and the University.
(4)The University shall not accept funds which may limit or compromise its freedom or integrity.

30. Investment of Funds

(1)The Board of Trustees may invest any of its funds not immediately required for its purposes, as it may determine.
(2)All investments made under this paragraph shall be held in the name of the University.

31. Annual Estimates

(1)The Vice-Chancellor shall, two months before the commencement of a financial year, submit an annual budget of estimates of revenue and expenditure of the University to the Council for approval.
(2)The annual estimates shall make provisions for all 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 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 retiring benefits insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit.
(3)The Vice-Chancellor shall submit Quarterly Financial Reports to the Council within the financial year.
(4)The University Council shall submit the Quarterly Financial Reports accompanied with reports of recommended actions to the Board of Trustees.
(5)No expenditure shall be incurred for the purposes of the University except in accordance with an annual budget approved by the Council in consultation with the Board of Trustees.

32. Accounts and Audit

(1)The Board of Trustees shall, in consultation with the Council, cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities.
(2)The Council shall appoint a firm of external auditors to audit the accounts of the University within four months of the closing of each financial year.
(3)The Vice-Chancellor shall submit properly kept books of accounts of the University to the external Auditors within a period specified by the Statutes from the end of every financial year.
(4)Within the period specified by the Statutes, the external auditors shall report on the examination and audit of the accounts of the University to the Council for approval and availed to the Commission whenever required.
(5)The Council shall receive and discuss the audit report then take relevant action.
(6)The University Management shall formulate and the Council shall approve policies and procedures to govern financial management function of the University. Such policies and procedures shall be in line with the Public Finance Management Act (Cap. 412A) and or any other relevant law.

Part VI – MISCELLANEOUS PROVISIONS

33. Instruments of Governance

(1)The University shall be governed by the Act, this Charter and the Statutes.
(2)The University shall conspicuously display all its instruments of accreditation in its key premises.
(3)Where any instrument of accreditation is revoked in accordance with the Act, the instruments shall be returned to the Commission within fourteen days of the revocation.

34. Instruments of Authority

(1)Subject to this Charter, the University shall possess the following instruments of authority—
(a)the Mace;
(b)the Common Seal; and
(c)the University Logo.
(2)The Council may decide on other instruments to be used as instruments of authority and identity of the University provided that such instruments are recognized by the law.
(3)The Vice-Chancellor shall be the custodian of the University instruments of authority and identity.
(4)The instruments of authority shall be used in a manner that—
(a)respects and abides by the rule of law;
(b)abides by this Charter, the Statutes, policies and procedures;
(c)protects and preserves the institution, its assets, and its image;
(d)promotes the goals and objectives of the University;
(e)upholds the University Mission, Vision, Philosophy and Values; and
(f)values and recognises people.
(5)The Council shall prescribe and regulate the use of the University instruments of authority and identity.

35. Common Seal

(1)The Common Seal of the University shall be kept in such custody and used only as the Board of Trustees or the Council shall direct, as specified in the Statutes.
(2)A document or an instrument duly sealed by authorised officers of the University shall be binding and considered as properly executed by the University.
(3)The Common Seal of the University shall be authenticated by the signatures of the Vice-Chancellor and or other person duly authorised by the Council.
(4)The Common Seal of the University when affixed to any document and duly authenticated shall be judicially noticed, and unless and until the contrary is proved, any order or authorisation of the Council under this paragraph shall be deemed to have been duly given.
(5)All documents other than those required by law to be under Seal, made on behalf of the Council and all decisions of the Council shall be under the hand of the Chairperson, the Vice-Chancellor or the respective Deputy Vice-Chancellor or any other member of the Council duly authorised by the Council on its behalf.
(6)No person, body, authority and or organisation performing any function related to administration, registration of companies, business, trade, advertisement, calling, profession, shall use the Common Seal and Logo of Lukenya University except with the consent of the Council and or authorised representative of the Council.

36. 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 the Statutes shall—
(a)establish colleges, campuses, faculties, institutes and schools of the University;
(b)provide a description of degrees, diplomas and certificates offered by the University;
(c)define the requirements for conferment of degrees and award of diplomas and certificates;
(d)provide for the manner in which examinations shall be conducted;
(e)set the terms and conditions of service, and schemes of service, including the appointment, dismissal and recommendation of retirement benefits of the members of staff of the University;
(f)describe the constitution and procedure of meeting of the Council, and the establishment, composition and terms of reference of committees of the Council;
(g)prescribe the rules and regulations for the Students’ Association;
(h)determination and collection of fees and other charges; and
(i)any other matter that may be necessary for the better carrying out of the requirements set out in Act and this Charter.
(2)The Statutes may from time to time be approved, amended or revoked by a resolution passed by two-thirds majority of all the members present and entitled to vote at a Council meeting specifically convened for that purpose, unless the enactment, amendment or revocation is ultra vires the provisions of this Charter.

37. Protection of Name

(1)Notwithstanding the provisions of any other written law, no public officer performing the function relating to the registration of companies or business names shall accept for such registration any name which includes the words "Lukenya", and "University" together in any order, unless the application for such registration is accompanied by the written consent of the Board of Trustees and the Council.
(2)Any person who, except with the written consent of the Council, uses the words "Lukenya" and "University", together in any order and in furtherance of, or in connection with any advertisement for any trade, business, publication, calling or profession, shall be guilty of an offence.
(3)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 such person of any degree, diploma, certificate or other award of the University.
(4)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.

38. Variation and Revocation of this Charter

This Charter may be varied or revoked as provided for in the Act.

39. Dissolution of the University

Subject to the provisions of this Charter, if in the event of the dissolution or winding up of the University, there shall remain, after the satisfaction of all its debts and liabilities, any funds, assets or property they will be vested in the Board of Trustees.

40. Interpretation of this Charter

This Charter shall be valid and effectual in law according to its true intent and meaning and shall be construed, subject to the provisions of the Universities Act (Cap. 210), in the best interest of the University and the promotion of its objectives.

41. Transitional

(1)The Council in place at the time of grant of this Charter, shall continue to be in place for the remainder of their term after which appointment shall be made in accordance with this Charter.
(2)The Council in place at the time of grant of this Charter may make Statutes for the University under this Charter and the Statutes so made shall be deemed to be made under this Charter.
(3)The persons occupying the offices of the Vice-Chancellor and the Deputy Vice-Chancellors of Lukenya University immediately before the award of this Charter, shall continue to discharge their responsibilities and exercise such powers as set out in the Act and this Charter with respect to the University for the remainder of their term after which appointment shall be made in accordance with this Charter.
(4)All persons who were members of staff of Lukenya University immediately before the award of this Charter shall be deemed to have been appointed under this Charter on the same terms and conditions of service
(5)All the students of Lukenya University, who were pursuing degree, diploma, certificate, and post graduate degree programmes as at the commencement date of this Charter, shall be deemed to be students of the University and shall complete their courses and be awarded degrees, diploma, certificate, and post graduate degree programmes certificate, as the case may be, of Lukenya University.
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31 December 2022 this version
23 September 2022
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