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The Charter for Tom Mboya University

Legal Notice 164 of 2022

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The Charter for Tom Mboya University
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Legal Notice 164 of 2022
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Universities Act
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LAWS OF KENYA

UNIVERSITIES ACT

THE CHARTER FOR TOM MBOYA UNIVERSITY

LEGAL NOTICE 164 OF 2022

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

PREAMBLE

WHEREAS the Government of Kenya wishes to establish an institution in the name of Tom Mboya University situated in Homa Bay County in the Republic of Kenya;AND WHEREAS the said Tom Mboya University has applied to the Commission for University Education for grant of a Charter to provide for the establishment, control, governance and administration of the University and for the 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 Tom Mboya University are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for University Education is also satisfied that Tom Mboya University has complied with the provisions of the Universities Act (Cap 210);AND WHEREAS the Commission for University Education has submitted a draft Charter, the text whereof is annexed hereto, to the Cabinet Secretary in the Ministry of Education on the said institution, and the Cabinet Secretary in the Ministry of Education is satisfied that Tom Mboya University should 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 granting of the Charter to Tom Mboya 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 (Cap. 210), I, Uhuru Kenyatta, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, grant the Charter annexed hereto to the Tom Mboya University.

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the Tom Mboya University Charter.

2. Interpretation

In this Charter, unless the context requires otherwise—"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 University Council;"Act" means the Universities Act (Cap. 210);"accreditation" means the procedure by which the Commission for University Education formally recognizes an institution as a University;"administrative staff" means staff responsible for the administrative duties in the University established under paragraph 25 of this Charter;"Alumni Association" means the association established under paragraph 17 of this Charter;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to University Education;"Council" means the governing organ of the University established under paragraph 15 of this Charter;"Chancellor" means the Chancellor of the University as defined in paragraph 13 of this Charter;"College" means a College of the University established pursuant to paragraph 8 of this Charter;"Committees" mean committees of the University set up by the governing organs of the University to perform such functions and discharge such responsibilities in accordance with their appointments;"constituent college" means a Constituent College of the University established under paragraph 10 of this Charter;"Convocation" means a formal ceremony at the University as established under paragraph 24 of this Charter;"Dean" means a person appointed to head a faculty, school or an institute of the University;"Deputy Vice–Chancellor" means a person appointed as the Deputy Vice-Chancellor of the University under paragraph 21 of this Charter; ·"Director" means a person appointed as a Director under the Statutes;"distance learning" means the mode of delivering education through use of print, audio-visual, electronic or other technical media;"faculty" means an academic sub-division or school of the University established under this Charter;"financial year" means the period of twelve months as provided for under paragraph 27 of this Charter;"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 the Senate shall determine;"Institute" means an administrative and academic entity which may consist of centers engaged in specialized teaching or research in specific areas of academic enterprise;"Institution" means an institution or facility used or to be used wholly or partly for the conduct of university education;"Registrar" means a person appointed in accordance with the Statutes as a Registrar of the University;"School" means a school of the University established under the Statutes;"Senate" means the Senate of the University established under paragraph 19 of this Charter;"Staff Association" an association of the Staff recognized by the Council as being representatives of the staff of the University;"Statutes" means Statutes of the University made by the Council under paragraph 32 of this Charter;"student" means a person registered by the University for the purposes of receiving instructions in a particular area of study with a view to obtaining a qualification of the University or any other person who is determined by the Senate to be a student;"Students Association" means an association of the students recognized by the Council as being an organization representative of the students of the University and as provided for in the Statutes;"University Management Board" means the University Management Board of the University provided by paragraph 20 of this Charter;"University" means the Tom Mboya University, established under paragraph 3 of this Charter;"Vice-Chancellor" means the Vice-Chancellor of the University appointed under paragraph 18 of 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 Tom Mboya 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, disposing or leasing of movable and immovable property;
(c)receiving, investing, borrowing and lending money; and
(d)doing or performing any such other things or acts, including entering into such contracts as may be necessary or expedient, for the furtherance of the provision of this Charter which may be done by a body corporate.
(3)The University shall be the successor of Tom Mboya University College, established by the Tom Mboya University College Order, Legal Notice No. 55 of 2016.
(4)All rights, duties, obligations, liabilities and assets held by Tom Mboya University College or by any other body on behalf of Tom Mboya University College existing at the commencement of this Charter, shall automatically and fully be transferred to and vest in Tom Mboya University and any reference to Tom Mboya University College in any contract or document shall for all purposes be deemed to be a reference to the Tom Mboya University.

4. Vision and Mission

(a)Vision: A premier internationally recognized University distinguished for its teaching, research, and innovation.
(b)Mission: To transform and sustainably contribute to society through teaching, research and innovation; knowledge creation, application and outreach.

5. Philosophy

Facilitating the creation, sharing, elective exploitation, and utilization of knowledge within the framework articulated by law and its Statutes for the greatest benefit and wellbeing of society.

6. Aim of the University

The aim of the University shall be to–
(a)provide high quality education and relevance in its programmes and activities;
(b)generate high quality research and innovations outputs with impacts on national development goals; and
(c)transfer and commercialise technology from the University and other international organizations to the benefit of students, the University and the industry.

7. Functions of the University

(1)The functions of the University shall be to—
(a)provide education directly, or in collaboration with other institutions, and in so doing provide for the integration of teaching, research and effective application of knowledge and skills to the life, work and welfare of the citizens of Kenya;
(b)advance knowledge and its practical application by research and other means;
(c)disseminate the outcome 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 stimulation of 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 education in science, agriculture, engineering, and mathematics and technology within the institution and society;
(h)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;
(i)participate in scholarly work, the discovery, transmission, utilization, preservation and enhancing knowledge and stimulating the intellectual participation of students in the economic, social, cultural, scientific and technological development of Kenya;
(j)offer continuing professional development courses;
(k)determine the curriculum and its mode of delivery and specifying the admission criteria;
(l)conduct examinations;
(m)grant and confer such academic awards as may be provided for in the Act and the Statutes;
(n)establish new colleges, faculties, schools, institutes, departments, other resource and administrative units and centers;
(o)promote the general welfare of staff and students;
(p)develop and provide educational, cultural, professional, technical and vocational services to the community and in particular the fostering of corporate social responsibility;
(q)generally, facilitate the development and provision of appropriate and accessible academic programmes and other programmes;
(r)charge fees and tariffs; and
(s)mobilize resources.
(2)The University shall not discriminate against any person with regard to admission to the University or appointment and promotion of staff on the basis of race, ethnicity, place of origin or residence or other local connections, economic and social standing, colour, creed, physical ability or gender, pregnancy, marital status, religion, conscience, belief, culture, dress, language or birth, nor shall any preference be given to, or advantage withheld from any person on the grounds of any such distinction.

8. Establishment of Colleges and Campuses within the University

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

9. Establishment of Constituent Colleges

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

10. Conferment, granting, cancellation and withdrawal of Degrees, Diplomas, Certificates and other awards

(1)Subject to the Act and this Charter, the University may—
(a)award a Certificate and Diploma and such other qualifications as may be provided for by the Statutes;
(b)confer a Bachelors, Masters or Doctorate Degree and such other University qualifications as may be provided for by the Statutes; or
(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 as may be provided for in the Statutes.
(2)Subject to this Charter, the Council may, on the recommendation of the Senate, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or such other award as may be provided for in the Statutes.

11. Award of Scholarships

Subject to this Charter, the University may award scholarships, bursaries and prizes and make other awards which may be provided for by the Statutes.

Part III – MEMBERSHIP, GOVERNANCE AND ADMINISTRATION OF THE UNIVERSITY

12. Membership of the University

(1)The members of the University shall be—
(a)the Chancellor;
(b)the Council;
(c)the Vice-Chancellor;
(d)the Deputy Vice-Chancellors;
(e)the Principals of Constituent Colleges;
(f)the Principals of Colleges and Campuses with the University;
(g)the members of the Senate;
(h)the University Management Board;
(i)the University Registrars;
(j)the Corporation Secretary and Chief Legal Officer;
(k)the Director of Finance;
(l)the University Librarian;
(m)the Chief Medical Officer;
(n)the Information and Communication Technology Director;
(o)the academic staff;
(p)the non-academic staff;
(q)the Chaplain;
(r)the students;
(s)the alumni;
(t)the members of the Alumni Association; and
(u)such other persons as may be declared members of the University by the Council on the recommendation of the Senate.
(2)The members of the University shall enjoy such rights and privileges as may be set out in the Statutes.

13. The Chancellor

(1)There shall be a Chancellor of the University who shall be appointed by the President in accordance with the Act.
(2)The functions of the Chancellor and tenure of office shall be in accordance with the provisions of the Act.
(3)The Chancellor shall enjoy such powers and privileges and perform such other functions as may be provided in the Act and the Statutes.

14. The Council

(1)There shall be a University Council which shall be appointed according to the provisions of the Act.
(2)The University Council shall consist of—
(a)the Chairperson who shall be appointed by the President;
(b)the Principal Secretary in the Ministry for the time being responsible for University education;
(c)the Principal Secretary in the Ministry for the time being responsible for finance;
(d)not more than five members appointed in accordance with the provisions of the Act; and
(e)the Vice-Chancellor who shall be the Secretary to the Council and an ex officio member.
(3)The members of the Council, other than the ex officio member shall hold office for a period of three years and shall be eligible for re-appointment for one further term.
(4)The Council shall be the governing body of the University.
(5)The office of a member of the Council shall become vacant if the member—
(a)not being an ex officio member, resigns from his office by notice in writing addressed to the appointing authority through the Vice-Chancellor;
(b)is unable to exercise the functions of his office by reasons of physical or mental infirmity to the satisfaction of the appointing authority;
(c)is adjudged bankrupt by a court of competent jurisdiction or enters into a composition or scheme of arrangement for the benefit of creditors;
(d)is adjudged or declared by any competent court or tribunal to be of unsound mind;
(e)is convicted of an offence and is sentenced to imprisonment for a period of six months or more;
(f)is guilty of gross misconduct; or
(g)dies.
(6)Where the office of a member of the Council becomes vacant, the Vice-Chancellor shall forthwith notify the vacancy to the appointing authority.
(7)The procedure, conduct and regulation of the affairs of the Council shall be determined in accordance with this Charter and the Statutes.
(8)The Council shall exercise prudent leadership, innovative enterprise, and good judgment in directing the University and shall always charter in the best interest of the University.

15. Functions of the Council

The Council shall have the following functions—
(a)developing and approving the Statutes of the University;
(b)determining the method of recruitment, appointment and promotion of all staff of the University;
(c)conferring the titles of Emeritus Professor, Visiting Professors, Honorary Professor, Honorary Lecturer, or Honorary Fellow on the recommendation of the Senate;
(d)approving the budget;
(e)promoting and making financial provisions and facilities for execution of the functions of the University;
(f)determining all fees payable to the University after on the recommendation of the Senate;
(g)approving the investment of any money belonging to the University including any unutilized income, in such stocks, funds, fully paid shares or securities as the Council may from time to time deem fit, in accordance with the general law for the investment of trust moneys or in the purchase of freehold or leasehold properties, including rents and varying such investments from time to time by sale or re-investment or otherwise subject to the Act;
(h)mobilizing resources subject to the relevant laws and procedures;
(i)approving the sale, purchase, exchange, lease, or leasing movable and immovable property on behalf of the University subject to the laid down government procedures;
(j)approving the borrowing of money on behalf of the University subject to laid down government procedures and for that purpose and subject to the Act, mortgaging or charging all or any part of the property unless the conditions of the property so held provide otherwise and giving such other security whether upon movable or immovable property or otherwise as the Council may deem fit;
(k)on the recommendation of the Senate, providing for the creation of new divisions, faculties, schools, institutes, departments, centers of other bodies of learning, research and production in the University, in accordance with the Statutes, whether newly established or by the sub-division of any existing body and approving the abolition or subdivision of any such body;
(l)on the recommendation of the Senate, instituting fellowships, scholarships, studentships, exhibitions, bursaries, prizes and other aids to study and research.
(m)approving the terms and conditions upon which internal and external examiners may be appointed by the Senate;
(n)empowering committees to act jointly with any Committees appointed by the Senate, provided that the Council shall not delegate to the Chairperson or to any Committee the powers to approve the annual estimates of expenditure of the University without reference to the Council;
(o)approving regulations governing the conduct and discipline of the students of the University;
(p)receiving donations, endowments, gifts, grants or other moneys on behalf of the University and making legitimate disbursements therefrom;
(q)approving the Constitution of the Students Association and so far as is reasonably practicable, ensuring that the Students’ Association operates in a fair and democratic manner and is accountable for its finances;
(r)providing for the welfare of the Staff and Students of the University;
(s)approving regulations governing the recruitment, conduct and discipline of the staff of the University;
(t)monitoring and evaluating the implementation of strategies, policies, and the management criteria and plans of the University;
(u)constantly reviewing the viability and financial sustainability of the University, and doing so once every year;
(v)ensuring that the University complies with all the relevant laws, regulations, governance practices, accounting and auditing standards; and
(w)performing such other duties as may be provided for in the Statutes.

16. Students’ Association

(1)There shall be a Students’ Association established under the Act, this Charter and the Statutes.
(2)There shall be a student’s Council in accordance to section 41(3) of the Act.

17. Alumni Association

(1)There shall be an Alumni Association as provided for in section 42 of the Act, this Charter and the Statutes.
(2)The Alumni Association shall consist of members as provided for under Section 42(1) of the Act, this Charter and the Statutes.

Part IV – MANAGEMENT OF THE UNIVERSITY

18. The Vice-Chancellor

(1)There shall be a Vice-Chancellor of the University who shall be appointed in accordance with the provisions of the Act.
(2)The Vice-Chancellor shall be the Chief Executive Officer of the University and as further provided for in this Charter and Statutes shall—
(a)be the academic and administrative head of the University;
(b)have overall responsibility for the direction, organization, administration and programmes of the University; and
(c)have such responsibilities and duties as may be provided for in this Charter and the Statutes.
(3)The Vice-Chancellor shall hold office for a term of five years, and shall be eligible for re-appointment for one further term.

19. The Senate

(1)There shall be the Senate of the University whose membership shall be—
(a)the Vice–Chancellor, who shall be the Chairperson;
(b)the Deputy Vice–Chancellors;
(c)the Principal of each Constituent Colleges;
(d)the Principal of each College and Campus;
(e)the Registrars;
(f)all the Deans of faculties and Schools, the Directors of Institutes, Schools and Centres, and other academic units;
(g)the Associate Deans and Directors;
(h)the Chairpersons of Departments;
(i)the full Professors of the University;
(j)the University Librarian;
(k)the Director of Finance;
(l)the Corporation Secretary or Chief Legal Officer;
(m)the Chief Medical Officer; and
(n)two members elected by the Students’ Association, who shall however not be entitled to attend deliberations of the Senate on matters which are considered by the Chairperson of the Senate to be confidential or which relate to examinations, general discipline of students or other related matters.
(2)The membership of the Senate shall include such other persons as the Council may determine from time to time under the Statutes.
(3)The Senate shall have the following functions—
(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 regulations to be made by the Council regarding the eligibility of persons for admission to degree, diploma and certificate programmes;
(c)proposing regulations to be made by the Council regarding the standard of proficiency to be gained in each examinations for degree, diploma, certificate or other awards of the University;
(d)establishing Campus and Academic Boards;
(e)deciding which persons have attained such standard of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other awards of the University;
(f)setting the dates for academic year and determining the schedule of academic programmes;
(g)regulating the conduct of examinations;
(h)approving the examination results;
(i)making regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards;
(j)developing, implementing and promoting quality assurance systems and structures in all University operations;
(k)discontinuing a student from a programme of study on academic grounds;
(l)receiving proposals from various boards and faculties, institutes, schools, centres and considering their recommendations and making appropriate decisions;
(m)reviewing 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;
(n)recommending to the Council appropriate criteria for appointment and promotion of academic staff;
(o)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 objectives of the University; and
(p)making regulations governing such other matters as are within its powers in accordance with this Charter and the Statutes.
(4)The Deputy Vice-Chancellor (Academic Affairs) shall be the Secretary to the Senate.
(5)The Senate shall exercise full responsibility over the academic work of the University.
(6)The Senate may establish committees consisting of such members of the Senate or such other persons as it may deem fit, and may delegate any of its powers or functions to the Chairperson or any such committees.
(7)The Senate may recommend to the Council the withdrawal of any degrees or other distinctions or titles, or the revocation of any diplomas or certificates granted by the University, and withdrawal of all privileges connected therewith in accordance with the provisions of the Statutes.

20. The University Management Board

(1)There shall be a University Management Board which shall perform the functions provided for in this Charter and the Statutes.
(2)The University Management Board shall consist of—
(a)the Vice–Chancellor, who shall be the Chairperson;
(b)the Deputy Vice–Chancellors;
(c)the Principals of Colleges;
(d)the Registrars;
(e)the Corporation Secretary;
(f)the Chief Legal Officer; and
(g)the Director of Finance;
(3)The Chairperson of the Management Board may invite other officers of the University to attend its meetings when specific matters pertaining to their departments or offices are being discussed but such officers shall be in attendance only and shall not be eligible to vote.
(4)The Deputy Vice-Chancellor (Administration) shall be the Secretary to the Management Board.

21. The Deputy Vice-Chancellors

(1)There shall be two or more Deputy Vice-Chancellors of the University who shall be appointed in accordance with the provisions of the Act.
(2)The Deputy Vice-Chancellors shall, under the general authority of the Vice-Chancellor, exercise such powers and perform such duties as may be provided by the Statutes.
(3)The Deputy Vice-Chancellors of the University shall hold office for a term of five years and shall be eligible for re-appointment for one further term.

22. Principals of Colleges and Campuses within the University

(1)The Council shall appoint for each college a Principal and for each campus a Director as provided for in the Statutes.
(2)The Principal or a campus Director shall be the academic and administrative head of the college or campus respectively and shall, under the general authority of the Vice-Chancellor, have such other powers and duties as may be provided by the Statutes.
(3)The Principal and the campus director shall hold office for a term as specified in the Statutes.

23. Principals of Constituent Colleges

(1)The Principal of a constituent college shall be appointed in accordance with the provisions of the Act.
(2)The Principal shall hold office for a period of five years and shall be eligible for re-appointment for one further term.

24. Convocation

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

25. Staff of the University

(1)The Senior Management Staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of Colleges of the University, and such other members of staff as the Council may determine from time to time.
(2)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.
(3)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.
(4)The Technical Staff of the University shall consist of the staff engaged in laboratory, field instruction, workshops and such similar areas 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.
(5)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.
(6)All members of staff of the University shall, subject to this Charter, be appointed either—
(a)in the manner and upon the prevailing terms and conditions of service; or
(b)in the case of a person seconded to the service of the University from the service of another institution, the Government or any other public service, on terms and conditions agreed upon between the Council and the seconding body.
(7)The Council may, subject to such restrictions as it may impose, delegate to any person, committee, or body either generally or specifically the power to appoint any member of the staff of the University.
(8)All members of staff of the University shall—
(a)be employed in accordance with the Statutes or as otherwise specifically provided by the Statutes or by the terms of a particular appointment; and
(b)be subject to the general authority of the Council and of the Vice-Chancellor.

26. Performance of Functions in Absence of Office Holders

(1)In the event of the incapacity of the Vice-Chancellor, the Council shall appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity subject to a maximum period 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 a Principal of any of the colleges within the University to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum period 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 period 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 for a maximum period 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

27. Financial Year

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

28. Annual Estimates

(1)The Council shall cause annual estimates to be prepared in accordance with section 44 of the Act.
(2)Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University for that year.
(3)The annual estimates shall make provisions for all the estimated expenditure of the University for the financial year concerned, and shall provide for—
(a)expenditure on salaries, allowances and other charges in respect of members of the University;
(b)expenditure of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University;
(c)expenditure for proper maintenance of buildings and grounds of the University;
(d)expenditures for proper maintenance, repair and replacement of equipment and other movable property of the University;
(e)funding for the cost of teaching, research and outreach activities of the University;
(f)development expenditure; and
(g)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 determine from time to time.

29. Accounts and Audit

(1)The Council shall cause proper books of accounts of income, expenditure, assets and liabilities of the University to be kept in accordance with section 47(1) of the Act.
(2)The accounts of the University shall be audited and reported upon in accordance with the provisions of section 47 of the Act, and the Public Audit Act (Cap 412B).
(3)The accounts of the University shall be audited by the Auditor-General in accordance with the provisions of the Public Audit Act (Cap 412B), the Public Finance Management Act (Cap 412A), and all relevant financial management regulations provided by the Ministry for the time being responsible for public finance.

30. Funds and Property of the University

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

Part VI – MISCELLANEOUS PROVISIONS

31. Instruments of Authority

(1)The Tom Mboya University shall possess the following instruments of authority—
(a)the Mace;
(b)the Common Seal; and
(c)the University Logo.
(2)The Common Seal of the University shall be kept in such custody as the University may direct and shall not be used except in the manner authorized by the University.
(3)All deeds, instruments, contracts and other documents shall be deemed to be duly executed by or on behalf of the University–
(a)where they are required to be under seal, if sealed with the common seal of the University and authenticated by the Chairperson of the Council and any other officer of the University so authorized by the University in the provisions of this Charter; and
(b)where not so required, if executed in that behalf by a member authorized by the Council for that purpose.
(4)A deed, instrument, contract or other documents executed in accordance with subparagraph (3) shall be effective in law to bind the University and its successor and may be varied or discharged in the same manner as that in which it was executed.

32. The Statutes

(1)In the performance of its functions under this Charter, the Council shall, subject to this Charter, make Statutes generally for the governance, control and administration of the University and for the better carrying into effect of the purposes of this Charter, and in particular for—
(a)the establishment of faculties, schools, institutes and centers of the University;
(b)the description of degrees, diplomas, certificates and other academic qualifications;
(c)the requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications;
(d)the conduct of examinations;
(e)prescribing fees and other charges;
(f)prescribing the rules and regulations for the conduct and association of student affairs;
(g)setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of the staff of the University;
(h)the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and
(i)providing for or prescribing anything, which, under this Charter may be provided for or prescribed by Statutes.
(2)Notwithstanding subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the functions and privileges of the Chancellor, Vice-Chancellor or Senate without first ascertaining the opinion of the Senate.
(3)Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourths of the members present and voting, being not less than half of the total membership of the Council.

33. Protection of Name

(1)Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the words "Tom Mboya" and "University" together in any order, unless the application for the registration is accompanied by the written consent of the Council.
(2)Any person who, except with the written consent of the Council, uses the words "Tom Mboya" and "University", together in any order and in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall be liable on conviction to a fine not exceeding five million shillings, or to imprisonment for a term not exceeding three years, or to both.
(3)Notwithstanding the foregoing, nothing in this paragraph shall be construed as preventing the bona-fide use by any person of any title in pursuance of the grant to her or him of a degree, diploma or certificate by the University subject to authorization.
(4)Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any acronym which includes the letters "TMUSBE" together in that order, unless the application for the registration is accompanied by the written consent of the Council.

34. Revocation of Order

(1)The Tom Mboya University College Order of Legal Notice No. 55 of 8th April 2016 is revoked.
(2)Notwithstanding subparagraph (1), all agreements, directions, orders, appointments, requirements, authorizations, other things given, taken or done under, and all funds, assets, and other property acquired by virtue of that Order, shall, so far as not inconsistent with this Charter, be deemed to have been given, taken, done or acquired under this Charter.

35. Transitional

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

36. Variation and Revocation of the Charter

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

31 December 2022 this version
23 September 2022
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12 September 2022
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Cited documents 2

Act 1
1. Universities Act 344 citations
Legal Notice 1
1. The Tom Mboya University College Order, 2016 1 citation

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