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The Charter for Kiriri Women's University of Science and Technology

Legal Notice 166 of 2022

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The Charter for Kiriri Women's University of Science and Technology
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Legal Notice 166 of 2022
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Universities Act
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LAWS OF KENYA

UNIVERSITIES ACT

THE CHARTER FOR KIRIRI WOMEN'S UNIVERSITY OF SCIENCE AND TECHNOLOGY

LEGAL NOTICE 166 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 Kiriri Women’s University Company Limited wishes to establish a university in the name of Kiriri Women’s University of Science and Technology, situated in Kiambu County in the Republic of Kenya;AND WHEREAS the said Kiriri Women’s University of Science and Technology has applied to the Commission for University Education for grant of Charter to provide for the establishment, control, governance, and administration of the University and for connected purposes, in the manner prescribed by the Universities Act (Cap. 210);AND WHEREAS the Commission for University Education has visited and inspected the said institution, and is satisfied that the objects of Kiriri Women’s University of Science and Technology are consistent with the advancement of University education in Kenya;AND WHEREAS the Commission for University Education is also satisfied that Kiriri Women’s University of Science and Technology 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 is satisfied that Kiriri Women’s University of Science and Technology should 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 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 Kiriri Women’s University of Science and Technology.

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the Kiriri Women’s University of Science and Technology Charter.

2. Interpretation

In this Charter, unless the context otherwise requires—"academic staff" means a person who is appointed to teach, train or do research at the University and any other employee designated as such by the Council under paragraph 25 of this Charter;"Act" means the Universities Act (Cap. 210);"administrative staff" means staff responsible for the administrative duties in the University established under paragraph 25 of this Charter;"Alumni Association" means the association of past students and such other persons as maybe declared to be members under paragraph 18 of this Charter and the Statutes;"Board" means the Board of Trustees of Kiriri Women’s University of Science and Technology established under paragraph 14 of this Charter;"Council" means the Council established under paragraph 16 of this Charter;"College" means an academic unit of the University made up of faculties’ schools or institutes and includes a Constituent College under paragraphs 7 and 8 of this Charter;"Chancellor" means the Chancellor of the University appointed under paragraph 15 of this Charter;"Dean" means a person appointed to head a faculty, school or an institute of the University;"Deputy Vice-­Chancellor means Deputy Vice-­Chancellor appointed under paragraph 22 of this Charter;"Director" means a person appointed as Director under this Charter;"faculty’ means a faculty of the University;"financial year" means the fiscal year of the University;"graduate" means a person upon whom a degree or to whom a qualification of the University has been awarded as determined by the Senate;"Lecturer" means a member of the academic staff of the University designated as a full professor, associate professor, senior lecturer, lecturer or assistant lecturer or a person who holds any other teaching or research position recognized by the University;"Librarian" means a person appointed to be the librarian of the University under the Statutes;"Management Board" means the Management Board established under paragraph 21 of this Charter;"Principal" means Principals appointed under paragraphs 23 and 24 of this Charter;"Senate" means the Senate of the University established under paragraph 20 of this Charter;"Statutes" means the Statutes made by the Council in accordance with section 23 of the Act;"Students’ Association" means the students association established by the University in accordance with paragraph 17 of this Charter;"Sponsor" means the Kiriri Women’s University Company Limited established under the Companies Act (Cap. 486);"University" means the Kiriri Women’s University of Science and Technology established under paragraph 3 of this Charter;"Vice-­Chancellor" means the Vice-­Chancellor of the University appointed under paragraph 19 of this Charter.

Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

3. Establishment and incorporation of the University

(1)There is hereby established a university to be known as the Kiriri Women’s University of Science and Technology.
(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;
(d)entering into contracts;
(e)receiving bequests and gifts which shall be sued for the purposes stated by the persons making such bequests and gifts; and
(f)doing or performing all such other duties or acts for the proper performance of its functions, and under, and for the furtherance of the provisions of this Charter, which may lawfully be done or performed by a body corporate.
(3)The University shall be the successor to Kiriri Women’s University of Science and Technology established under Letter of Interim Authority issued in 2002.
(4)All rights, duties, obligations, liabilities and assets held by the Kiriri Women’s University of Science and Technology or by anybody on behalf of the Kiriri Women’s University of Science and Technology and existing at the commencement of this Charter, shall automatically and fully be transferred to the University.

4. The Vision and Mission

(1)Vision: A leading women’s University of academic excellence, intellectual growth, research and social responsibility in science and technology.
(2)Mission: To educate and train high achieving professional and ethical women leaders in academics, research and community engagements so as to flourish in the modern technologies and innovation in an ever competitive global environment.

5. Philosophy

The University is committed to producing a holistic, trained competent women leaders and scholars with capacity to offer guidance and solutions that are able to deal with contemporary issues through development of intellect, skills, attitudes, and values through quality teaching and learning.

6. Objects and Functions of the University

(1)The objects and functions of the University shall be—
(a)promoting the development and expansion of higher education opportunities for advancement of knowledge through teaching, scholarly research and scientific investigation;
(b)promoting development of students’ welfare and society in general for attainment of academic excellence;
(c)promoting of cultural and social life of society through corporate social responsibility;
(d)providing an environment that nurtures excellence and high standards of professionalism in teaching, learning, research and community service;
(e)disseminating of the outcomes of the research conducted by the University to the general community;
(f)promoting human resource development and proactive management practices as well as good governance to enhance service delivery;
(g)supporting gender balance and equality of opportunity among employees;
(h)promoting of equalization for persons with disabilities, minorities and other marginalized groups;
(i)facilitating of life-­long learning through provision of adult and continuing education; and
(j)promoting competitive corporate image through enhanced marketing and publicity to a wider customer market.
(2)The University shall not discriminate against any woman with regards to admission to the University 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.
(3)The University shall not discriminate against any person with regards to 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.
(4)No barrier based on any of the distinctions set out in subparagraphs (2) or (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 shall charge such fees or levy 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.

7. Establishment of Colleges and Campuses within the University

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

8. 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.

9. Conferment, granting, cancellation and withdrawal of Degrees, Diplomas, Certificates and other Awards

(1)Subject to this Charter, the University may—
(a)grant diplomas or certificates or other awards;
(b)confer the degrees of Bachelor’s, Master’s and Doctorate and such other 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 any other awards as may be provided for in the Statutes.

10. 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 MANAGEMENT OF THE UNIVERSITY

11. Membership of the University

(1)The membership of the University shall be—
(a)the Sponsor;
(b)the Board of Trustees;
(c)the Chancellor;
(d)the University Council;
(e)the Vice-­Chancellor;
(f)the Deputy Vice-­Chancellors;
(g)the members of the Council;
(h)the members of the Senate;
(i)the Principals of constituent colleges;
(j)the principals of colleges within the University;
(k)the Deans;
(l)the Academic Staff;
(m)the University Registrars;
(n)the University Librarian;
(o)the Finance officer;
(p)the chief legal officer;
(q)the Medical Officer;
(r)the staff of the University;
(s)the students;
(t)the convocation;
(u)the Alumni; and
(v)such other members of staff of the University, or of any other body, formally admitted into association with the University, as the Council may determine from time to time.
(2)A member of the University shall enjoy such rights and privileges as may be provided for in the Statutes.

12. Governance of the University

(1)The governance of the University shall be vested in the following organs—
(a)the Sponsor;
(b)the Board of Trustees;
(c)the Chancellor;
(d)the University Council;
(e)the Students’ Association; and
(f)the Alumni Association.
(2)The Governance organs may set up committees to perform such functions as stipulated by the Statutes.

13. The Sponsor

(1)The Sponsor of the University is Kiriri Women’s University Company Limited.
(2)The Sponsor shall have and exercise the following functions—
(a)appoint members of the Board of Trustees;
(b)receive reports on the operations and progress of the University;
(c)receive certified copies of the annual Auditors report;
(d)initiate the process of variation of this Charter; and
(e)in consultation with the Cabinet Secretary and the Commission appoint a person to administer or manage the University in the event of revocation of this Charter.

14. The Board of Trustees

(1)The Board of Trustees of the University shall be the Kiriri Women’s University Trust, which is a body corporate with perpetual succession under the Trustees (Perpetual Succession Act) (Cap 164) of the Laws of Kenya.
(2)The Board of Trustees shall act and exercise all legal rights, powers and privileges of the University as provided for in the Statutes.
(3)The functions of the Board of Trustees shall be to—
(a)appoint or remove from office the Chairperson and members of the Council;
(b)raise funds for the benefit of the University in accordance with any written law or financing arrangement;
(c)promote the objects of the University; and
(d)appoint the Chancellor.

15. The Chancellor

(1)The Board of Trustees shall, in consultation with the Sponsor, appoint the Chancellor of the University.
(2)The Chancellor shall hold office for a term of five years, and shall be eligible for re-­appointment for one further term.
(3)The Chancellor—
(a)shall be the titular head of the University and shall, in the name of the University, confer degrees and grant diplomas, certificates and other awards of the University;
(b)may, from time to time, recommend to the Board of Trustees a visitation of the University in such a manner as shall be described in the statutes;
(c)may, from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the University;
(d)shall enjoy such powers and privileges and perform such other functions as may be provided in the statutes.
(4)The functions of the Chancellor under subparagraph (3) may, in the absence or during the period of incapacity of the Chancellor, be performed by the Chairperson of the Council subject to a maximum of three months.
(5)The procedure for the appointment of the Chancellor shall be provided for in the Statutes.
(6)The office of the Chancellor shall become vacant if the Chancellor—
(a)resigns from office by notice addressed to the chairperson of the Board of Trustees;
(b)by reason of physical or mental infirmity, gross misconduct or conflict of interest, is unable to exercise the functions of the office to the satisfaction of the Board of Trustees;
(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 convicted of an offence and is sentenced to imprisonment for a period of six months or more; and
(e)dies.

16. The Council

(1)The University shall have a Council consisting of—
(a)the Chairperson who shall be appointed by the Board of Trustees and shall have at least a Master’s degree from a recognized University and experience in management;
(b)one person with over five years’ experience in auditing, and who is a member in good standing of the profession, appointed by the Board of Trustees;
(c)one person of integrity and wide experience in finance who should be a member in good standing of the Institute of Certified Public Accountants of Kenya for over seven years, appointed by the Board of Trustees;
(d)one female Professor, with over ten years’ experience in the management of university education appointed by the Board of Trustees;
(e)one person in leadership position either in public or private sector appointed by Board of Trustees;
(f)one person appointed by the Sponsor from amongst its members;
(g)an advocate of the High Court of Kenya with over five years’ post admission experience in a university environment;
(h)two senior academic scholars who are not employees of the University appointed by the Board of Trustees in consultation with the Chancellor; and
(i)the Vice-­Chancellor who shall be an ex- officio member of the Council.
(2)The Council may co-­opt such other person whose skills or experience are necessary for the purposes of the functions of the Council for such period as it may deem appropriate by the Board of Trustee.
(3)The members of the Council, except the Vice-­Chancellor, shall hold office for a term of five years and shall be eligible for re-­appointment for one further term.
(4)The members of the Council shall form committees and appoint from amongst themselves, such members of the committees as may in the opinion of the Council increase its efficiency and effectiveness in its operations.
(5)The Council may delegate to any committee or to any members, officers or employees the exercise of some of its functions or duties under this Charter or any written law.
(6)The Chairperson of the Council shall preside over all the Council meetings and in the absence of the Chairperson, members shall appoint one amongst themselves to be an acting Chairperson, who shall exercise the powers, privileges and functions as provided for in the Statutes.
(7)The quorum for conducting business at a meeting shall be half of all the members of the Council excluding ex officio members.
(8)The procedure, rules and regulations for meetings of the Council shall be as prescribed in the Statutes.
(9)The Council shall exercise prudent leadership, innovative enterprise, and good judgment in directing the University and shall always act in the best interest of the University.
(10)The office of a member of the Council shall become vacant if the member—
(a)not being an ex ­officio member, resigns from the office in writing addressed to the appointing authority through the Vice-­Chancellor as the Secretary;
(b)is by reason of physical or mental infirmity or gross misconduct, unable to discharge duties of a Council member to the satisfaction of the Board of Trustees;
(c)ceases to hold the office whose interest he represented in the Council;
(d)is adjudged bankrupt by a court of competent jurisdiction or enters into a composition or scheme of arrangement for the benefit of creditors;
(e)is adjudged or declared by any competent court or tribunal to be of unsound mind;
(f)is convicted of an offence and is sentenced to imprisonment for a period of six months or more;
(g)is guilty of gross misconduct; or
(h)dies.

17. Functions of the Council

Subject to this Charter, the functions of the Council shall be to—
(a)promote objects of the University;
(b)approve the Statutes of the University and cause them to be published in the Kenya Gazette;
(c)approve policies for governing the operations and activities of the University;
(d)recruit, retain and support the staff of the University;
(e)develop and manage land, facilities and equipment of the University;
(f)provide appropriate facilities for sports and other extracurricular activities to support wholesome development of the students;
(g)provide adequate learning materials including books journals and equipment to facilitate a smooth learning environment for the students;
(h)provide adequate equipment and facilities including classrooms, library resources, laboratories, research facilities, and building to support various programmes;
(i)provide professional development opportunities to staff and enhance their individual growth, job performance and leadership capabilities;
(j)following recommendation from the Senate, revoke or withdraw a certificate, diploma, degree or an award already conferred, granted or awarded to any person if subsequent upon conferment or award, the Council is satisfied that, such conferment or award was contrary to any regulations prescribed in the statutes, or the qualification was obtained through fraudulent or other improper means;
(k)enter into contracts;
(l)enter into partnerships;
(m)following recommendation from the Senate, enter into affiliations or academic linkages with any individual, group or institution consistent with the objects of the University as provided for in the Statutes;
(n)erect buildings and structures and carry out works;
(o)appoint agents;
(p)engage persons to perform services for the University;
(q)open a banking account or accounts for the University;
(r)receive any grants, donations, investments or endowments on behalf of the University and make legitimate disbursements thereof;
(s)front and promote the image of the University by all lawful means including undertaking corporate social responsibility activities;
(t)determine the provisions to be made for capital and recurrent expenditure and for reserves of the University;
(u)demand and receive fees, subscriptions deposits and impose charges for services;
(v)act on behalf of the trustees or managers of property, legacy, endowment, bequest or gift for the purpose of education, research, repay or distribute or otherwise for the furtherance of the work of the University, and to invest any monies representing any such property, or fund not immediately required for the purpose aforesaid in accordance with the provisions of the Statutes;
(w)determine the method of recruitment, appointment and promotion of all staff of the University;
(x)approve upon recommendation of the Management Board terms and conditions of service of the staff;
(y)establish policies governing the conduct and discipline of the staff of the University;
(z)constitute the disciplinary committee for members of staff of the University;
(aa)determine, after considering the recommendations of the Senate, all fees payable to the University;
(bb)provide stability and continuity to the University through an organized system of institutional planning and evaluation;
(cc)on the recommendation of the Senate and with the approval of the Board of Trustees, provide in accordance with the Statutes, for the creation of new division, faculties, schools, institutes, departments, centers of other bodies of learning, research and production in the University, whether formed by the subdivision of any one of any such new body or otherwise, and for the abolition from time to time of any such body, and to approve the establishment, abolition or subdivision of any such body however so described;
(dd)propose annual work plans and budget of the University to the Board of Trustees;
(ee)approve the courses of study to be offered in the University on the recommendation of the Senate;
(ff)approve on the recommendation of the Senate, policies for the admission of students, their physical and spiritual welfare, their maintenance, and their discipline;
(gg)approve and enter into association with other Universities or any institutions of higher learning and research or other bodies either within or outside Kenya;
(hh)receive reports on the operations of the University;
(ii)establish University scholarships, bursaries and other awards and to determine in consultation with the Senate the conditions and modalities to govern them;
(jj)provide for welfare of the staff and the students of the University;
(kk)make regulations governing the conduct and discipline of the staff and students of the University;
(ll)to provide resources for University education, training and research and for the establishment of colleges, faculties, schools, departments, institutes, centers and such other institutions as the Council and Board of Trustees may determine;
(mm)set up committees and sub-­committees with specific terms of reference and delegated powers as may be provided for in the statutes;
(nn)to ensure that the University complies with the Constitution, other relevant laws, regulations, governance practices, accounting and auditing standards; and
(oo)perform any other functions as may be prescribed in the Statutes.

18. Students association

(1)There shall be a Students’ Association of the University as provided for in the Act.
(2)The Student Association shall elect a Student Council in accordance with the Act.
(3)The Student Council shall perform such functions as are prescribed in the Act, including—
(a)overseeing and planning, in consultation with the Senate and the University Management Board, students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-­being;
(b)drawing the attention of the appropriate authorities, where necessary, to the special needs of the students;
(c)undertaking such other functions as may be provided in its governance instruments approved by the Senate; and
(d)undertaking such other functions as provided in its governance instrument as approved by the Council.

19. Alumni Association

(1)There is established an Alumni Association of the University as provided for in the Act.
(2)The Alumni Association shall consist of graduates of the University and such other persons as may be provided for in the Statutes.
(3)The Alumni Association shall exercise such powers and functions as may be provided for in its constitution which may include—
(a)bringing together graduates of the University;
(b)engaging in fund raising activities to assist the University;
(c)promoting the University’s welfare and image;
(d)promoting cooperation between the University and industry; and
(e)promoting academic and professional excellence.
(4)The Alumni Association shall govern the conduct of its proceedings.
(5)The Alumni Association may meet and discuss any matters relating to the University and shall transmit its resolutions to the Vice-­Chancellor.

Part IV – MANAGEMENT OF THE UNIVERSITY

20. The Vice-Chancellor

(1)There shall be a Vice-­Chancellor of the University who shall be appointed by the Council and who shall be the Chief Executive of the University.
(2)The Vice-­Chancellor shall be the holder of a Doctor of Philosophy degree and have experience in the management of Universities.
(3)The Vice Chancellor shall—
(a)be the academic and administrative head of the university;
(b)have the overall responsibility for the direction, organization, administration and programmes of the university;
(c)have such responsibilities and duties as may be provided for in this Charter and the Statutes; and
(d)assume administrative responsibilities for the day-­to-­day running of the University and its management.
(4)The functions of the Vice-­Chancellor shall be to—
(a)provide leadership in achieving the vision and the mission of the University;
(b)direct, promote and co-­ordinate all the programmes and activities of the University;
(c)act as the representative of the University and be its spokesperson on its external relations;
(d)preside over the Senate and the Management Board in accordance with the Statutes;
(e)be responsible for the general welfare, conduct and discipline of staff and students;
(f)work collegially with the personnel of the University for the realization of its objectives;
(g)mobilize resources for the University; and
(h)have such responsibilities and duties as may be provided for in the Statutes.
(5)The Vice-­Chancellor shall serve for a term of five years and shall be eligible for re-­appointment for one further term.
(6)The Vice-­Chancellor shall enjoy such terms and conditions of service as the Council may determine from time to time, which shall be prescribed by the statutes or the instrument of appointment.

21. The Senate

(1)There shall be a Senate of the University as provided for in the Statutes whose membership shall be—
(a)the Vice-­Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Principals of each College and Campus of the University;
(d)the Professors of the University;
(e)the Deans and Directors of faculties, schools and Institutes;
(f)the University Registrar;
(g)the University Librarian;
(h)the director of Enrollment Management;
(i)the director of Quality Assurance;
(j)the Chief Legal Officer;
(k)the Chief Medical Officer;
(l)the Chief Security Officer;
(m)four members elected by the academic staff whose appointment may be prescribed by the Statutes;
(n)two students elected by the Students Association who shall however not attend meetings that are deemed to be confidential or touching on academic matters; and
(o)such other member as may be provided for in the Statutes or co-­opted by the Senate.
(2)The Deputy Vice-­Chancellor (Academic and Students Affairs) shall be the Secretary to the Senate.
(3)The Senate shall have the following powers and duties—
(a)to recommend to the Council the establishment, or abolition or harmonization of Faculties, Schools, Institutes, Units, Departments, and Centres as the Senate may from time to time deem necessary;
(b)to propose to the Council for approval the short-­term and long-­term academic plans and their modifications based on a continuous evaluation;
(c)to programme and plan areas of training and subjects of research for the University;
(d)to develop new academic programmes for approval by the University Council;
(e)to develop criteria and policies for the admission of students, their retention and progression to the next years of study, the award of degrees, diplomas and certificates;
(f)to approve the academic calendar and academic programmes of studies;
(g)to approve candidates for the awards of University degrees, Diplomas and Certificates;
(h)to discuss and approve the annual academic reports presented by the Deans and Principals.
(i)to settle academic matters within the faculties and departments and to deal with academic disputes arising therefrom;
(j)to receive and approve examination results;
(k)to regulate the conduct of examinations;
(l)to recommend to the Council changes in the Statutes and Regulations;
(m)to propose to the Council, the financial needs of the academic, training and research programmes of the University;
(n)to recommend to the Council appointments and promotions of academic staff;
(o)to promote and supervise the development of the library and the archives;
(p)to propose and support professional development of the academic staff;
(q)to facilitate research and encourage the conduct of research and dissemination of knowledge;
(r)to provide the resources necessary for University level education, training research and for the establishment of faculties, departments and institutes;
(s)to participate in technological innovation as well as in the discovery, transmission and enhancement of knowledge and to stimulate the intellectual life in the economic, social, cultural, scientific, and technological development of Kenya;
(t)to recruit, admit and train students;
(u)to conduct examinations;
(v)to award degrees, diplomas and certificates to qualified students;
(w)to determine who may teach, who may be taught, what may be taught and how it may be taught in the University in line with the prevailing regulations for university education in Kenya;
(x)to develop, review and implement academic programmes and to determine methods of instructions and research;
(y)to develop and establish constituent colleges and campuses, schools, institutes, faculties and centers of education as the University Council may determine;
(z)to establish partnerships with other local, regional and international universities, research institution’s and industry;
(aa)to institute and award scholarships, bursaries, prizes and other such awards to aid study, research and outreach activities;
(bb)to participate in educational conferences, seminars and workshops;
(cc)to provide industrial placement within organizations and institutions both in Kenya and regionally to student so as to gain practical skills and experience and to provide ancillary services.
(dd)develop and approve courses of study, research and such other programmes consistent with its mission and objects;
(ee)recommend conferment of degrees, diplomas, certificates and other awards;
(ff)vet and recommend conferment of confer honorary degrees or academic distinction or awards upon a person or persons who have rendered distinguished service in the advancement of knowledge; or themselves worthy of such awards;
(gg)to formulate and recommend to the Council regulations governing the conduct and discipline of the staff and students of the University;
(hh)subject to the Act, to make recommendations to the Council for the establishment, abolition or supervision, degree and other academic programmes and their titles in the University;
(ii)to set the dates of the academic year and to determine the schedule of academic programmes within the academic year;
(jj)to approve all syllabi of the University; and
(kk)to act on matters related to the mass indiscipline or unrest of staff and/or students of the University as provided in the Statutes.
(4)The Senate shall meet at least twice in every semester.
(5)The Senate may—
(a)establish such committees as may be deemed necessary for efficient discharge of its functions and duties; or
(b)delegate any of its powers to other Committees of the Senate consisting of such members or bodies as they may deem fit.
(6)All committees established by the Senate shall, in the exercise of their powers so delegated, conform to any regulations that may be imposed by the Senate.
(7)The Senate shall undertake any other functions, and duties as may be provided for by the Statutes.

22. The University Management Board

(1)There shall be a Management Board of the University, which shall consist of—
(a)the Vice–Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-­Chancellors;
(c)the Principals of Constituent Colleges;
(d)the Principals of colleges and campuses;
(e)the Registrars;
(f)the Finance Manager;
(g)the Chief Medical Officer;
(h)the Chief Legal officer;
(i)the Chief Security Officer;
(j)the Deans of Schools or Faculty;
(k)the Dean of Students;
(l)the University Librarian;
(m)the Heads of Colleges, Campuses, Institutes and Schools; and
(n)any other member as may be provided for in the Statutes, or co-­opted by the Management Board.
(2)The Management Board shall assist the Vice-­Chancellor in management of the day to day operations of the University and shall—
(a)ensure efficient management of the personnel, facilities and finances of the University;
(b)plan for the development and the needs of the University;
(c)prepare, in consultation with the Senate, the annual plans and budgets for submission to the Council for approval and on ward transmission to the Board of Trustees;
(d)develop strategies for generation of revenue and fund raising to secure adequate financial support for the University;
(e)monitor revenue collection trends and identify new revenue sources;
(f)identify and operate income generating activities to support the University;
(g)implement the rules and regulations governing the conduct and behavior of staff or students of the University as approved by the Board of Trustees;
(h)recommend such policies and strategies that achieve the objectives of the University and work for the maintenance of the character of the University; and
(i)undertake any other functions and duties as may be provided for in the Statutes.
(3)The Deputy Vice-­Chancellor (Administration and Finance) shall be the Secretary to the Management Board.
(4)The Management Board may delegate any of its powers to other committees of the Management Board consisting of such members or bodies as it may deem fit. All such committees shall in the exercise of their powers so delegated conform to regulations set by the Management Board.

23. The Deputy Vice-Chancellors

(1)The Council shall appoint one or more Deputy Vice-­Chancellors, who shall, under the general authority of the Vice-­Chancellor, exercise such powers and perform such duties as may be assigned by the Statutes or the instrument of appointment.
(2)The Deputy Vice-­Chancellors shall be responsible to the Vice-­Chancellor and shall support and assist the Vice-­Chancellor in the management of the University.

24. Principals of colleges and campuses within the University

(1)There shall be Principals of Colleges or Directors of Campuses within the University who shall be appointed in accordance with the Statutes of the University.
(2)The Principals of Colleges or Directors of Campuses shall report to the Vice-­ Chancellor and in that regard assist the Vice-­Chancellor in direction, organization, administration and programmes of Colleges or Campuses.

25. Principals of Constituent Colleges

The Council may, in consultation with the Senate, appoint the Principals of Constituent Colleges of the University who shall be responsible for the administration of the Constituent College, and in that regard shall give direction, organization, administration and programmes of the Constituent College.

26. Staff of the University

(1)The University shall have the following members of staff—
(a)the academic staff who shall consist of the Vice-­Chancellor, Deputy Vice-­Chancellors, Principals of Constituent Colleges and Colleges within the University, Professors, Librarian of the University and all members of staff who are engaged in teaching, research or extension in the University.
(b)the administrative or management staff shall consist of members of staff not engaged in teaching or research work.
(c)the technical staff of the University shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environment in the teaching department under the general direction of the heads of the teaching departments, and as Council may from time to time determine.
(d)the support staff of the University shall consist of those staff engaged in general duties as the Council may from time to time determine.
(2)The duties and responsibilities of University staff shall be as prescribed by the Statutes or in the instruments of appointment.
(3)The members of the University staff shall be subject to the authority of the Council through the Vice-­Chancellor.
(4)All members of staff of the University shall, subject to this Charter, be appointed either, in the manner and upon the terms and conditions of the services prescribed by the Statutes or in the case of a person seconded to the services of the University from the services of the government or any other institution, on terms and condition agreed upon with the Council.

27. Performance of duties during the incapacity of an office holder

(1)In the event of the incapacity of the Vice-­Chancellor, the Council shall appoint one of the Deputy Vice-­Chancellors to carry out the functions of the Vice-­Chancellor during the period of incapacity for 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 University Council shall appoint one of the senior academic staff within the University to perform the functions of the Vice-­Chancellor during the incapacity for 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, and the Principals of Colleges within the University, the University Council shall appoint a member of the academic staff at the level of a professor to perform the functions of the Vice-­Chancellor during the incapacity for a maximum period of one hundred and eighty calendar days.
(4)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 be provided for in the Statutes.
(5)Subject to the provisions of this paragraph, at expiry of the above prescribed period, the position shall fall vacant and the process of filling up the position as provided for in this Charter, the Statutes, and or regulations shall commerce.

Part V – FINANCIAL PROVISIONS

28. Financial Year

(1)The financial year of the University shall be the period of twelve months commencing on the first day of January and ending on the thirty first day of December each year.
(2)In the event of any change in the financial year and for the transition from the old financial year to the new financial year, consequent upon the changes, the transitional period, whether more or less than twelve months, shall be deemed, for the purposes of this Charter, to be a financial year.

29. Sources of University Funds

The funds of the University shall be derived from—
(a)tuition fees and other charges;
(b)income from University auxiliary enterprises and investments;
(c)research grants and consultancies;
(d)endowments, gifts and trusts; and
(e)such other sources as the University may from time to time identify.

30. Investment of University Funds

(1)The University may invest any of the University funds in investments portfolios approved by the Council.
(2)The Council may place or deposit with such banks or financial institutions, as it may determine, any fund not immediately required for use by the University.
(3)The Council in consultation with the Board of Trustees may create or appoint other corporate bodies to manage its investments, pensions, provident funds and properties.

31. University Annual Budget

(1)Six months before the commencement of a financial year, the Council shall cause to be prepared an annual budget of estimates or revenue and expenditure of the University for that year.
(2)The budget shall make provision for all the estimated expenditure of the University for the financial year concerned, and in particular shall provide for—
(a)the payment of the salaries, allowances and other charges in respect of the staff of the University;
(b)the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University;
(c)the funding of the cost of institutional scholarships, teaching and research activities;
(d)the development of the fiscal plan;
(e)the proper maintenance of the building and grounds of the University;
(f)the proper maintenance, repair and replacement of the equipment and other movable property of the University; and
(g)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 Board of Trustees deem fit.
(3)The annual budget shall be approved by the Council and ratified by the Board of Trustees at least three months before the commencement of the financial year to which it relates.
(4)No expenditure shall be incurred for the purposes of the University, except in accordance with subparagraph (3), or in pursuance of an authorization of the Board of Trustees.

32. Accounts and Audit

(1)The Council shall cause to be kept proper books and records of accounts of Income and expenditure, assets and liabilities of the University.
(2)The accounts of the University shall be audited annually by a firm of external auditors appointed by the Council.
(3)An auditor appointed under subparagraph (2) above shall report directly to the Council.
(4)The fees for the external auditors shall be fixed and paid by the Council.
(5)Within a period of three months from the end of each fiscal year, the Vice-­Chancellor shall submit to the Council audited accounts of the University.
(6)The University shall maintain an internal audit function.

Part VI – MISCELLANEOUS PROVISIONS

33. Instruments of Authority

(1)The symbols of authority shall be the Mace, Seal and Logo.
(2)The University mace shall be the symbol of power and shall be stored, displayed, and used as provided for in the Statutes.
(3)The Common Seal of the University shall be kept in such custody under the Vice-Chancellor and shall be used upon the order and direction of the University Council, or the Vice-Chancellor.
(4)The Common Seal of the University shall be authenticated by the signature of the Chairperson of the University Council or the Vice-Chancellor as shall be authorized by the University Council.
(5)The Common Seal of the University when affixed to any document and duly authenticated under this paragraph shall be judicially and officially noticed, and any necessary order or authorization of the University Council or the Vice-Chancellor under this paragraph shall be deemed to be duly given, unless the contrary is proved.

34. The Statutes

In the performance of its functions under this Charter, the Council shall, subject to this Charter, make Statutes generally for the governance, control and administration of the University and for the better carrying into effect of the purposes of this Charter, and in particular for the—
(a)establishment of Colleges, schools, institutes, parks and centres of the University;
(b)description of degrees, diplomas, certificates and other academic qualifications;
(c)requirement for conferment of degrees and award of diplomas, certificates and other academic qualifications;
(d)conduct of examinations;
(e)prescribing fees and other charges;
(f)prescribing the rules and regulations for the conduct and organization of student affairs;
(g)setting the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of staff of the University;
(h)constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and
(i)providing for or prescribing anything, which, under this Charter may be provided for or prescribed by the Statutes.

35. Instruments of accreditation

The University shall display all its instruments of accreditation conspicuously and at such places as the Vice Chancellor may elect.

36. Protection of Name

(1)Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names, shall accept for such registration any name which includes together the word "University" and the word "Kiriri" unless the application for such registration is accompanied by the written consent of the Council.
(2)Any person who, except with written consent of the Council, uses the word "University" and the name "Kiriri" in furtherance of, or in connection with any advertisement for any trade, business, calling or profession shall be guilty of an offence and liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years or to both.
(3)Notwithstanding subparagraph (3), nothing in this paragraph shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant of any degree, diploma or certificate of the University.

37. Convocation

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

38. Variation and Revocation of this Charter

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

39. Transitional

(1)The Council in place immediately before the grant of this Charter, shall continue to be in place for a period of six months after which appointments shall be done in accordance with this Charter.
(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 positions of the Vice-­Chancellor and the Deputy Vice-­Chancellors of the University immediately before the grant of this Charter, shall continue to discharge their responsibilities and exercise such powers as set out in their instrument of appointment.
(4)Any person who is a member of staff of the Kiriri Women’s University of Science and Technology operating under Letter of Interim Authority, immediately before the appointed day shall be deemed to be a member of staff of the University under the same terms and conditions.
(5)All the students of the University, who were pursuing degrees, diploma, certificate, and post degree programmes as at the commencement date of this Charter, shall be awarded degrees, diploma, certificate, and post degree programmes certificate, of the University.

40. 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 University Board of Trustees.
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31 December 2022 this version
23 September 2022
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Act 2
1. Universities Act 290 citations
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