Skip to document content Go to main menu Go to search

The Charter for Zetech University

Legal Notice 163 of 2022

This is the latest version of this Legal Notice.
The Charter for Zetech University
Citation
Legal Notice 163 of 2022
Primary work
Universities Act
Date
Language
English
Type
Legal Notice
Original enactment
Download original enactment (PDF) (262.7 KB)
Related documents
Skip to document content
LAWS OF KENYA

UNIVERSITIES ACT

THE CHARTER FOR ZETECH UNIVERSITY

LEGAL NOTICE 163 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 Zetech University Limited wishes to establish an institution in the name of Zetech University, situated in Kiambu County within the Republic of Kenya;AND WHEREAS the said Zetech 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 Zetech University are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for University Education is also satisfied that Zetech 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 Zetech University be granted the Charter;AND WHEREAS the Cabinet Secretary, Ministry of Education has submitted the Charter to me with recommendations thereon;AND WHEREAS I am satisfied that the granting of the Charter to Zetech 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 Zetech University.

Part I – PRELIMINARY

1. Short title

This Charter shall be cited as the Zetech University Charter.

2. Interpretation

In this Charter, unless the context otherwise requires—"academic staff" means any person appointed to teach, train or to do research at a university and any other employee designated as such by the Council;"academic year" means a continuous period of teaching examination and study, organised on a full year mode, semester mode, trimester mode and quarter mode and extending over not less than thirty weeks in a calendar year;"Act" means the Universities Act (Cap. 210);"administrative staff" means the employees of the University who are not directly engaged in teaching or research as the Council may from time to time determine;"affiliated institution" means an institution which has an academic linkage with the University for the purpose of granting of degrees and award of diplomas and certificate in accordance with the Statutes;"Alumni Association" means the organisation of all graduates and former students of the University as defined under paragraph 20 of this Charter;"alumni" means a member of the convocation of the University;"Board of Trustees" means the Board of Trustees established under the Trust Deed incorporated and registered under the Trustees (Perpetual Succession) Act (Cap. 164);"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for University Education;"Campus" means a Campus established in the University pursuant to Paragraph 8 of this Charter;"Chairperson of the Council" means the Chairperson of Zetech University Council appointed under paragraph 17 of this Charter;"Chancellor" means the Chancellor of Zetech University appointed under paragraph 16 of this Charter;"Charter" means the Zetech University Charter;"College" means a College established by the University pursuant to the recommendation made under paragraph 8 of this Charter but does not include a Constituent College;"Commission" means the Commission for University Education established under the Act;"constituent college" means a Constituent College of a university established under the Act;"Council" means the Council of the University established under paragraph 17 of this Charter;"Dean" means dean of a faculty, school or centre as appointed in accordance with the Statutes;"Dean of Students" means the person appointed to be in charge of the student experience and welfare in accordance with the Statutes;"Deputy Vice-Chancellor" means the Deputy Vice-Chancellor appointed by the Council of the University under paragraph 27 of this Charter;"faculty" means a division within the University comprising of one subject area, or a number of related subject areas;"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 determined by the Senate;"Institute" means an institute of the University established by the Statutes;"School" means a school of the University established under the Statutes;"Senate" means the Senate of the University established under paragraph 25 of this Charter;"Sponsor" means Zetech University Limited incorporated under the Companies Act;"Statutes" means Statutes of the University made by the Council under this Charter;"student" means a person for the time being registered by the University for the purpose of obtaining a qualification of the University or any other person who is determined by the Senate to be a student and shall be further provided for in the Statutes;"Students Association" means the organization of students recognized by the Council as being an organization representative of the students of the University and as provided for in the Statutes;"University Management Board" means the University Management Board established under paragraph 26 of this Charter;"University" means Zetech University established under paragraph 3 of this Charter;"Vice-Chancellor" means a person appointed as the Vice-Chancellor of the University in accordance with paragraph 23 of this Charter.

Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

3. Establishment of the University

(1)There is established a University to be known as Zetech 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 Zetech University constituted in accordance with the Letter of Interim Authority dated 26th August, 2014.
(4)All rights, duties, obligations, staff, liabilities and assets held by Zetech University or by anybody on behalf of Zetech University, existing at the commencement of this Charter, shall be automatically and fully transferred to the University, and any reference to Zetech University in any contract or document shall, for all purposes, be deemed to be reference to the University established under paragraph 3 (1) of this Charter.

4. Vision, Mission, philosophy and Core values

(1)Vision: A leading University in Research, Innovation, Knowledge Creation and Dissemination.
(2)Mission: To Promote Excellence in Education and Research by Integrating Innovation, Entrepreneurship and Technology to Impact Society.
(3)Philosophy: Nurturing and Inspiring an Intellectually Curious, Adaptable and Innovative Generation that is guided by its Core Values.
(4)The core values of the University are—
(a)integrity;
(b)commitment to excellence;
(c)innovation;
(d)customer focus; and
(e)teamwork.

5. Objectives and functions of the University

(1)The University’s objective is to provide high quality education in training, research, innovation, knowledge dissemination which leverage on information technology, business and entrepreneurship consistent with the Vision, Mission, Philosophy and Core values of the University.
(2)Without prejudice to the generality of subparagraph (1), the objects and functions of the University shall be to—
(a)provide directly, or in collaboration, with other institutions of higher learning, facilities for technological, professional, and scientific education;
(b)advance knowledge and its practical application by research and other means;
(c)disseminate the outcomes of research by various means, and commercially exploit the results of such research;
(d)participate in technological innovation as well as in the discovery, transmission and enhancement of knowledge and stimulating the intellectual life in the economic, social, cultural, scientific, and technological development;
(e)contribute to industrial and technological development of society in collaboration with industry and other organizations;
(f)inculcate a culture of innovation in technology, engineering, and science, amongst staff, students, and society;
(g)promote of education in, arts and humanities, social sciences, business administration and law, natural sciences, Information and Communication Technology, engineering, agriculture and health sciences;
(h)develop an institution of excellence in teaching, training, scholarship, entrepreneurship, research, consultancy, community service, among other educational services and products, with emphasis on technology and its development, impact and application to society;
(i)provide a multi-level system of education and training that is relevant to the needs of the community covering a wide range of fields and levels with provision for recognition of prior learning and flexibility of transition between educational levels;
(j)provide for the development of technical and vocational education and training and related activities within the institution and the wider society;
(k)play a leading role in the development and expansion of opportunities for technological and vocational education and training;
(l)provide high quality educational, research, residential, commercial, cultural, social, recreational, sporting, and other facilities;
(m)promote critical enquiry and creativity in education, training and research within the institution;
(n)foster the general welfare of staff and students;
(o)provide opportunities for development and further training for staff of the institution;
(p)develop and provide educational, cultural, professional and technical services to the community and in particular the fostering of corporate social responsibility;
(q)provide programmes, products, and services in ways that reflect the principles of equity and social justice; and
(r)generally facilitate the development and provision of appropriate and accessible academic and other programmes.
(3)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.
(4)No barrier based on any of the distinctions set out in subparagraph (3) 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.
(5)The University may charge such fees or levies as the Council may, with the advice of the Senate, approve from time to time, for students admitted to the University for defraying expenses connected with their education.

6. Powers of the University

(1)The University shall do all lawful acts and things necessary or convenient to be done in connection with the performance of the objects of the University.
(2)Without prejudice to the generality of subparagraph (1), the University shall have powers to—
(a)impose, demand and receive fees, subscriptions and deposits and impose charges and act on behalf of the University such as property, legacy, endowment, bequest or gift for the purpose of education or research or otherwise for the furtherance of the work of the University;
(b)regulate its affairs in accordance with its independent ethos and traditions having regard to—
(i)the promotion and preservation of equality of opportunity and access; and
(ii)effective and efficient use of resources.
(c)through the Council and in accordance with this Charter, exercise overall responsibility over its governance and future development;
(d)with the approval of the Council, enter into affiliations or academic linkages with any individuals, groups or institutions as provided for in the Statutes;
(e)establishing a Campus, College or a Constituent College which shall be headed by a Principal and shall have the functions, powers and structures as specified in the Statutes;
(f)admit into the University candidates for degrees, diplomas, certificates or other awards of the University and be open to all persons accepted as being qualified by the Senate, without distinction of ethnic origin, sect, creed, social status or gender; no barrier based on any such distinction shall be imposed upon any person as a condition of his becoming, or continuing to be, a student or graduate of the University;
(g)erecting buildings and structures and carrying out such works;
(h)soliciting for grants, endowments, donations and gifts for purposes of supporting the University activities;
(i)appointing agents;
(j)engaging persons to perform services for the University;
(k)fronting and promoting the image of the University by all lawful means including undertaking corporate social responsibility; and
(l)doing all other things necessary in advancing knowledge and discharge of the functions of the University.

7. 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.

8. Establishment of Colleges, Campuses, Schools and Institutions

(1)The Council may, on the advice of the Senate, establish Colleges or Campuses, to offer training and courses of instruction consistent with its mission and objects whose functions and powers shall be as provided by the Statutes.
(2)A College or Campus which is established under this paragraph shall consist of such faculties, schools, institutes or centres as may be provided by the Statutes.

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

(1)Subject to this Charter, the University shall—
(a)grant degrees Bachelors’, Masters’, Doctorate and other awards, diplomas, certificates and other academic awards as may be provided for by the Statutes;
(b)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 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 of awards and for such other functions as may be outlined in the Statutes.

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

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

Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

12. Membership of the University

(1)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 Deputy Vice-Chancellors;
(g)the Chief Operations Officer;
(h)the Principals of Constituent Colleges;
(i)the Principals of Colleges within the University;
(j)the Deans, Directors of Faculties, Schools or Institutes;
(k)the Senate;
(l)the University Faculty;
(m)the Registrars;
(n)the University Librarian;
(o)the University Religious Leaders;
(p)the Dean of Students;
(q)the Chief Legal Officer;
(r)the Staff of the University;
(s)the Students;
(t)the Alumni;
(u)the Convocation; and
(v)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.
(2)The members of the University shall enjoy such rights and privileges as may be provided for in the Statutes.

13. Governing organs

(1)The governance of the University shall be vested in the following bodies mandated to perform the functions and exercise powers conferred under this Charter—
(a)the Sponsor;
(b)the Board of Trustees;
(c)the Chancellor;
(d)the Council;
(e)the Vice-Chancellor;
(f)the Management Board;
(g)the Senate;
(h)the Alumni Association; and
(i)the Students Association
(2)The Governance organs of the University may set up committees for the better carrying out of the functions of the University as specified by the Statutes.

14. Sponsor

(1)The Sponsor of the University is Zetech University Limited.
(2)The Sponsor shall, in addition to any other functions set out in this Charter—
(a)appoint members of the Board of Trustees;
(b)raise funds for the benefit of the University; and
(c)promote the objects of the University;

15. Board of Trustees

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

16. The Chancellor

(1)There shall be a Chancellor of the University who shall be appointed by the Board of Trustees in accordance with the provisions of this Charter and the Statutes.
(2)The Chancellor shall, in addition to the responsibilities set out under section 38 of the Act—
(a)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)from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the University; and
(d)enjoy such powers and privileges and perform such other functions as may be provided in the Statutes.
(3)A person appointed as a Chancellor shall be of high moral character and integrity in accordance with Chapter Six of the Constitution.
(4)The functions of the Chancellor under subparagraph (2) may in the absence or incapacity of the Chancellor be performed by the Chairperson of the Council for a period not exceeding three months.
(5)The office of the Chancellor shall become vacant if the Chancellor—
(a)resigns from office by notice in writing addressed to 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 shall be a Council of the University which shall be appointed by the Board of Trustees, as follows—
(a)the Chairperson who shall have at least a master’s degree and who shall be appointed by the Sponsor;
(b)five persons with distinguished qualifications and experience in management one of whom has at least ten years’ experience in university management;
(c)one person of integrity and wide experience in finance and who should be a member in good standing of the relevant professional body; and
(d)the Vice-Chancellor, who shall be the Secretary and an ex officio member of the Council.
(2)The Council may, in consultation with the Board of Trustees, co-opt not more than two persons into the Council, if it deems necessary.
(3)In the absence or incapacity of the Chairperson, the Council shall appoint any other person, except an ex officio member, from among its members to serve as the acting Chairperson.
(4)A member of the Council, other than an ex officio member, shall serve for a term of three years and shall be eligible for re-appointment for one further term.
(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 in writing addressed to the Secretary of the Council;
(b)is, by reason of physical or mental infirmity or otherwise, unable to discharge his duties as required to the satisfaction of the Council in consultation with the Board of Trustees;
(c)is absent for three consecutive Council meetings without good reason;
(d)is found to be involved in unbecoming behaviour as determined by the Council, in consultation with the Board of Trustees;
(e)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;
(f)is declared bankrupt; or
(g)dies.
(6)Where the office of a member of the Council becomes vacant under subparagraph (5), the Secretary to the Council shall notify the vacancy to the Board of Trustees.
(7)The procedure, conduct and regulation of the affairs of the Council shall be as prescribed in the Statutes.
(8)The Council may appoint committees to carry out specific functions as it may direct.
(9)For all meetings of the Council, the number and the quorum shall be as prescribed in the Statutes.

18. Functions of the Council

(1)The functions of the Council shall be to—
(a)formulate the policies of the University;
(b)recruit, promote or remove staff of the University;
(c)with the approval of the Board of Trustees, receive donations, endowments, gifts, grants or other monies and authorise disbursements;
(d)provide for the welfare of staff and students of the University;
(e)make and approve the Statutes of the University;
(f)support the Board of Trustees in resource mobilisation for the development of the University;
(g)approve the budget of the University and monitor its utilisation;
(h)provide guidance in administering of the University property in a manner that promotes the best interest of the University;
(i)appoint the Vice-Chancellor, the Deputy Vice-Chancellors and the Principals of Constituent Colleges through a competitive process, in accordance with the Statutes; and
(j)undertake any other functions as stipulated in the Act, this Charter and the Statutes.
(2)All documents made on behalf of the Council, and all decisions of the Council, shall be signified under the hand of the Chairperson, the Vice-Chancellor, and any other member of the University designated by the Council.

19. Students’ association

(1)There shall be the Students’ Association whose members shall be elected in accordance with procedures prescribed in the Statutes.
(2)The Students’ Association shall—
(a)be the main forum through which students may express their views;
(b)operate under the general direction of the Senate in the manner prescribed by the Statutes;
(c)oversee and plan, in consultation with the Senate, students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being;
(d)draw the attention of the appropriate authorities, where necessary, to the special needs of the students; and
(e)undertake other functions as provided in its governance instruments approved by the Senate.

20. Alumni Association

(1)There shall be an Alumni Association of the University to be known as Zetech University Alumni Association or any other name approved by the University.
(2)The Alumni Association shall consist—
(a)graduates of the University; and
(b)such other persons as may be prescribed by the Statutes.
(3)The Alumni Association of the University shall—
(a)provide services that contribute to the University’s development;
(b)participate in the process of branding the University;
(c)have the right to meet and discuss any matter relating to their welfare; and
(d)on invitation by the University, participate in graduations and other activities of the University in the manner prescribed by the Statutes.
(4)The Senate shall propose rules for promotion of the Alumni Association and make recommendations thereof to the Council.

Part IV – MANAGEMENT OF THE UNIVERSITY

21. The Vice-Chancellor

(1)There shall be a Vice-Chancellor of the University who shall be appointed by the Council.
(2)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.
(3)The Vice-Chancellor shall hold office for a term of four years and shall be eligible for re-appointment for one further term.
(4)The office of the Vice-Chancellor shall become vacant if the Vice-Chancellor—
(a)resigns 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.
(5)The provisions of this paragraph shall apply, with necessary modifications, to the Principal of a Constituent College.

22. The Senate

(1)There is established a Senate of the University which shall be responsible for all academic matters of the University.
(2)The Senate shall consist of—
(a)the Vice-Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Principals of Constituent Colleges and Colleges within the University;
(d)the Deputy Principals of Colleges;
(e)the Chief Operations Officer;
(f)the Registrars;
(g)the Deans and the Directors;
(h)the Dean of Students;
(i)the Chairpersons of the teaching departments;
(j)the Professors;
(k)the Librarian;
(l)the Head of Information and Communication Technology;
(m)the Head of Quality Assurance;
(n)two members elected by the Academic Board or equivalent body of each Constituent College from among the members of that Board or Constituent College;
(o)one representative of each of the faculty Boards appointed by that Board from among its members;
(p)two members elected by the Students’ Association except that the members of the Students’ Association shall not be entitled to attend deliberations of the Senate on matters relating to examination results and any other matters which are considered by the Chairperson of Senate to be confidential; and
(q)any other members as specified in the Statutes.
(3)The Deputy Vice-Chancellor (academic affairs) shall be the Secretary to the Senate.
(4)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)is voted out by majority vote of the members of the Senate present and voting, and with approval of the Council; or
(f)dies.

23. Functions of the Senate

(1)The functions of the Senate shall be to—
(a)to satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University;
(b)to propose Statutes to be made by the Council regarding the eligibility of persons for admission to degree, diploma and certificate programmes;
(c)to propose 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)decide 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)initiate proposals relating to the conduct of the University’s academic programmes or affairs generally and to make representations thereon to the Council;
(f)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;
(g)subject to the Act, to make recommendations to the Council for the establishment or abolition or supervision, degree and other academic programmes and their titles in the University;
(h)set the dates of the academic year and to determine the schedule of academic programmes within the academic year;
(i)approve all syllabi of the University;
(j)make regulations governing methods of assessing and examining the academic performance of students;
(k)evaluate academic records of both undergraduate and postgraduate candidates for the purpose of admission into the University;
(l)regulate the conduct of examinations;
(m)appoint internal and external examiners and recommend to the Council the terms and conditions for their appointment;
(n)approve the examination results;
(o)subject to the Act, approve the award of degrees including the award of honorary degrees and other academic distinctions;
(p)determine which qualifications or credits from other Universities or institutions shall be acceptable as equivalent to particular qualifications of the University;
(q)to determine the procedure to be followed in the conferment of the degrees and other awards;
(r)determine the design of academic dress and prescribe its use;
(s)evaluate research, teaching, staffing and general work of anybody or section of the University and if it so wishes to report and make recommendations thereon to the Council;
(t)promote and administer the extra-mural, external and extension work of the University;
(u)promote research and innovation work in the University;
(v)promote co-operation and linkages with other institutions of higher learning and industry;
(w)make regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards;
(x)develop, implement and promote quality assurance systems and structures in all University operations;
(y)promote the welfare of students and staff in the University;
(z)propose regulations and procedures for the discipline of students and make recommendations thereof to the Council;
(aa)to receive proposals from various Boards and Faculties, Institutes, Schools, Centers and to consider their recommendations and make appropriate decision;
(bb)recommend to the Council appropriate criteria for appointment and promotion of academic staff of the university;
(cc)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;
(dd)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.
(2)The Senate shall exercise such other powers as may be conferred on the Senate by the Act, the Statutes or by the regulations and to do such other acts as the Council shall authorize.
(3)Notwithstanding any of the provisions of this Charter, the Council shall not initiate any action in respect of subparagraph (a), (b) or (c) of subparagraph (3) except upon receipt of a report, or reject or amend any regulations as proposed without further reference to the Senate.
(4)The procedure, conduct, regulation of the affairs of the Senate shall be determined by the Statutes.

24. University Management Board

(1)There shall be a University Management Board whose membership shall be as follows—
(a)the Vice-Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Chief Operations Officer;
(d)the Principals of Constituent Colleges and Colleges within the University;
(e)the Registrars and Directors; and
(f)such other member of the Senior Management as the Council may determine in accordance with the Statutes.
(2)The functions of the University Management Board shall be—
(a)assisting the Vice-Chancellor on day-to-day management of the University;
(b)implementing University policies;
(c)ensuring effective, efficient and prudent use of resources;
(d)administering the University finances, and in furtherance of that function―
(i)prepare, review, and recommend annual budgets and monthly financial statements to the Board through the Council;
(ii)collect fees; and
(iii)facilitate annual audit of the University accounts;
(iv)establish and maintain efficient and effective policies and procedures in all areas of financial management;
(v)make recommendations to the Council concerning matters of capital development and University staff establishment;
(e)recommending prudent operational systems to the Council relating to schemes of service, salaries, benefits and other staff motivational schemes;
(f)overseeing the preparation of all publications of University documents;
(g)advising the Council on general matters pertaining to statutory and legal compliance; and
(h)being responsible for all matters necessary for the successful functioning of the University, as delegated by the Council.

25. The 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 be responsible to the Vice-Chancellor and shall exercise such powers and perform such duties as may be specified by the Statutes.
(3)A Deputy Vice-Chancellor shall hold office for a term of four years and shall be eligible for re-appointment for one further term.
(4)The provisions of this paragraph shall, with the necessary modifications, apply to the Principals of a Constituent College.

26. Principals of Colleges within the University

The principals of Colleges within the University shall be appointed in accordance with the Statutes.

27. Chief Operations Officer

(1)There shall be a Chief Operations Officer or any other designated title appointed by the Council who shall be the head of the Administration, Finance, Planning and Development Division of the University.
(2)The procedure for appointment of the Chief Operations Officer and his functions shall be specified in the Statutes.

28. 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 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 those staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of the teaching departments, and as the Council determine from time to time.
(4)The support staff of the University shall consist of those staff engaged in general duties and as the Council may determine from time to time.

29. Performance of functions in absence of an office-holder

(1)In the event of the incapacity or absence of the Vice-Chancellor, the Chairperson of the Council may, in consultation with the Board, appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity.
(2)In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Chairperson of Council may appoint any member of the academic staff at the rank of at least a senior lecturer to perform the functions of the Vice-Chancellor during the period of absence.
(3)In the event of the incapacity of any other member of the University Management Board, the Vice-Chancellor may appoint a suitable person to perform the functions of the member during the period of absence.
(4)A person appointed to perform the functions of any office under this paragraph shall do so for not more than one hundred and eighty days.

Part V – FINANCIAL PROVISIONS

30. Financial year and budget

(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 the new financial year, because of this change, the transitional period, whether more or less than twelve months, shall be regarded as a financial year for the purposes of this Charter.
(3)The 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.
(4)The annual estimates shall make provision for all the estimated expenditure of the University for the financial year in performance of its functions, and in particular shall provide for—
(a)the payment of salaries, allowances, and other charges in respect of the University;
(b)the payment of any pensions, gratuities and other charges in respect of retirement benefits which may be payable out of the funds of the University;
(c)the proper maintenance, development of the buildings and grounds of the University;
(d)the proper maintenance, repair and replacement of the equipment and other moveable property of the University;
(e)the funding of the cost of training, research and community service;
(f)the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters as the Council in consultation with the Board may think fit;
(g)the funding of student scholarships; and
(h)the operating costs of the University.
(5)No expenditure shall be incurred for the purposes of the University except in accordance with an annual budget approved by the Council in consultation with the Board of Trustees.
(6)The University Management Board shall submit quarterly financial reports to the Board of Trustees through the Council within each financial year.

31. University Funds and resources

(1)The Funds and resources of the University may be derived from—
(a)tuition and other fees;
(b)donations and grants made to the University;
(c)endowments;
(d)gifts, bequests and trusts;
(e)income from auxiliary activities such as consultancy; and
(f)other sources as the University may identify from time to time.
(2)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.
(3)The University shall not accept funds which may limit or compromise its freedom or integrity.

32. Internal Audit Unit

(1)The University Management Board shall establish an Internal Audit Unit, which shall be responsible for internal control and assurance regarding the achievement of the objectives of the University and which shall be responsible to the Council.
(2)The Internal Audit Unit shall—
(a)ensure effective and efficient operation of the University financial systems;
(b)institute firm Internal Control for the maintenance of the integrity, ethical values and competence of staff of the University;
(c)identify and analyse any risks that may face the University and advise on sound management practices for handling such risks;
(d)ensure that University Management Policies and Directives are strictly adhered to;
(e)monitor and assess the quality of performance of all the University management systems and to recommend corrective action whenever a system does not perform as intended;
(f)identify, capture and communicate relevant information in a form and timeframe that enables officers of the University to carry out their responsibilities and maintain accountability for the University’s Assets; and
(g)do or perform all such other transactions or acts for the proper performance of its functions, and for the furtherance of the provisions of this Charter.
(3)Within a period of six months after the end of the financial year, the auditor shall report on the examination and audit of the accounts of the University to the Council.

33. Investment of Funds

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

34. 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)A firm of external auditors appointed by the Board of Trustees shall audit the accounts of the University.
(3)The accounts of the University shall be submitted to the auditors at the end of every financial year as prescribed by the Statutes.
(4)Within a period specified by the Statutes, the external auditors shall report on the examination and auditor’s report of the accounts of the University to the Board of Trustees.
(5)The certified copy of the auditors’ report referred to in subparagraph (4) shall not be provided to any other persons or institution without the authority of the Board of Trustees.

Part VI – MISCELLANEOUS PROVISIONS

35. Instruments and symbols of Governance

(1)The University shall be governed as guided by the Act, this Charter and the Statutes.
(2)The symbols of authority shall be the seal, the mace, and the logo.
(3)The University shall conspicuously display all its instruments of accreditation in its key premises.
(4)Where any instrument of accreditation is revoked under the Act, the instruments shall be returned to the accrediting authority within fourteen days of the revocation.

36. Instruments of Authority

Subject to this Charter, the University shall possess the University Mace, the Common Seal for signification of documents and the University Logo as its instruments of Authority.

37. Common Seal

(1)The Common Seal of the University shall be kept in such custody and used only as the Board of Trustees or Council shall direct, as specified in the Statutes. A document or an instrument duly sealed by authorised officers of the University shall be binding and considered as properly executed by the University.
(2)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.
(3)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 presumed to have been duly given.
(4)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.
(5)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 Zetech University except with the consent of the Council and or authorised representative of the Council.

38. Statutes

(1)In the performance of its functions under this Charter, the Council shall, subject to the 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;
(i)any other matter that may be necessary for the better carrying out of the requirements set out in Act and this Charter.
(2)Despite subparagraph (1), 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 (3/4) of the members present and voting, being not less than half of the total membership of the Council.
(4)The Statutes or regulations made by the Council under this Charter shall be published in the Kenya Gazette.

39. Protection of name

(1)Notwithstanding the provisions of any other written law, a public officer performing functions relating to the registration of companies, business, trust or societies shall not accept for registration an entity that includes the name "Zetech" and "University" together in any order, unless the application for the registration is accompanied by the written consent of the Board of Trustees.
(2)Any person who except with the written consent of the Board of Trustees, uses the words "Zetech University" together or in any order, and or 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 period 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 in pursuance of the functions of the University.

40. Fair administration, conflict of interest and liabilities

(1)The Council, the Senate, and the University Management Board shall, in the performance of their functions, uphold the rights of any person who is likely to be affected, and in this regard shall be guided by the provisions of section 63 of the Act.
(2)Where a member of the University has a personal interest in any contract or matter considered by the Council or any governing organ, that member shall disclose that interest and dissociate from the deliberations and decision making.
(3)No matter or thing done by a member of the University if the matter or thing is done bona fide for executing the functions, powers or duties of the University render that member personally liable to any action, claim or demand.
(4)The provisions of this paragraph shall not relieve the University of the liability to pay lawful compensation or damages to any person for any injury sustained or loss incurred.
(5)If any offence under this Charter is committed by the University with the connivance of any staff, that staff shall be held personally liable of the offence.

41. Dispute Resolution

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

42. Transitional

(1)The Council in place immediately before the grant of this Charter, shall continue to be in place for the remainder of their term.
(2)The Council in place immediately before the 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 Zetech University immediately before the grant 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.
(4)All persons who were members of staff of Zetech University shall be deemed to have been appointed under this Charter on the same Terms and Conditions of Service.
(5)All the students of Zetech 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 Zetech University.

43. Variation or revocation of this Charter

This Charter may be varied or revoked in accordance with the Act.

44. Dissolution of the University

Subject to the provisions of this Charter, in the event of the dissolution or winding up of the University, after the satisfaction of all its debts and liabilities, the remainder of funds, assets or properties will be vested in the sponsor of the University.
▲ To the top

History of this document

31 December 2022 this version
23 September 2022
Read this version
12 September 2022
Commenced

Cited documents 2

Act 2
1. Universities Act 290 citations
2. Trustees (Perpetual Succession) Act 43 citations

Documents citing this one 0