Skip to document content Go to main menu Go to search

The Charter for the East African University

Legal Notice 167 of 2022

This is the latest version of this Legal Notice.
The Charter for the East African University
Citation
Legal Notice 167 of 2022
Primary work
Universities Act
Date
31 December 2022
Language
English
Type
Legal Notice
Original enactment
Download original enactment (PDF) (271.2 KB)
Related documents
Skip to document content
LAWS OF KENYA

UNIVERSITIES ACT

THE CHARTER FOR THE EAST AFRICAN UNIVERSITY

LEGAL NOTICE 167 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 BDK Universities Network International Kenya Ltd wishes to establish an institution in the name of the East African University, situated in Kajiado County in the Republic of Kenya;AND WHEREAS the said the East African University has applied to the Commission for University Education, for grant of Charter to provide for the establishment, control, governance, and administration of the University and for connected purposes, in the manner prescribed by the Universities Act (Cap. 210);AND WHEREAS the Commission for University Education has visited and inspected the said institution, and is satisfied that the objects of the East African University are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for University Education is also satisfied that the East African University has complied with the provisions of the Universities Act (Cap. 210);AND WHEREAS the Commission for University Education has submitted a draft Charter, the text whereof is annexed hereto, to the Cabinet Secretary, Ministry of Education, on the said institution, and the Cabinet Secretary, Ministry of Education, is satisfied that the East African University should be granted this Charter;AND WHEREAS the Cabinet Secretary, Ministry of Education, has submitted the Charter to me with recommendation thereon;AND WHEREAS, I am satisfied that the granting of the Charter to the East African 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 Muigai Kenyatta, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, grant the Charter annexed hereto to the East African University.

Part I – PRELIMINARY

1. Short Title

This Charter may be cited as the East African University Charter.

2. Interpretation

In this Charter, unless the context otherwise requires—"Act" means the Universities Act (Cap. 210);"Alumni Association" means association of all graduates and former students of the University established under paragraph 19 of this Charter;"Cabinet Secretary" means Cabinet Secretary for the time being responsible for university education;"College" means a college established within the University but does not include a Constituent College as established under paragraph 9 of this Charter;"Chairperson of Council" means the Chairperson of the Council of the University;"Chancellor" means the Chancellor of the East African University appointed in accordance with paragraph 16 of this Charter;"constituent college" means a constituent college of the University established under paragraph 8 of this Charter;"Council" means the Council of the University established under paragraph 17 of this Charter;"Deputy Vice-Chancellor" means a Deputy Vice-Chancellor of the University under paragraph 23 of this Charter;"faculty" means an academic administrative unit within the University comprising several departments and concerned with a major division of knowledge;"graduate" means a person upon whom a degree or other academic qualification has been conferred by the University;"Institute" means an institute of the University established by the Statutes;"lecturer" means a person or the staff of the University who is a full professor, associate professor, senior lecturer, lecturer or assistant lecturer or a person who holds any other teaching or research post which the Council, on the recommendation of the Senate, has recognized as a post having academic status in the University;"Librarian" means the officer appointed to be the librarian of the University;"University Management Board" means the Management Board of the University under paragraph 22 of this Charter;"School" means an academic unit within the University, headed by a dean and equivalent to a Faculty, comprising several departments, with focus on cluster of related disciplines;"Staff Association" means an association or union of staff recognized by the Council as being representative of staff on matters of terms and conditions of employment;"Senate" means the Senate of the University constituted under paragraph 21 of this Charter;"Statutes" means a set of regulations of the University formulated by the Council under paragraph 36 of this Charter;"Students' Association" means an association of students recognized by the Council as being representative of the students of the University under paragraph 18 of this Charter;"University" means The East African University established under paragraph 3 of this Charter;"Vice-Chancellor" means the Vice-Chancellor of the University appointed under paragraph 20 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 the East African University.
(2)The University shall be a body corporate and 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)borrowing or lending money; and
(d)doing or performing all such other things or acts for the furtherance of the provisions of this Charter which may lawfully be done or performed by a body corporate.
(3)The University is the successor of the East African University constituted under a Letter of Interim Authority granted on 2nd November,
(4)All rights, duties, obligations, staff, liabilities and assets held by the East African University or by anybody on behalf of the East African University, existing at the commencement of this Charter, shall be automatically and fully transferred to the University.

4. Vision

The Vision of the University is to be a leading institution and centre of excellence in university teaching, research and development.

5. Mission

To transmit quality knowledge, conduct research and provide community service to the region and the world at large.

6. Philosophy

To be a fountain of knowledge, which produces holistic, and all-round graduates who shall be a vanguard of change in the community.

7. Objects and Functions of the University

(1)The objects and functions of the University shall be to—
(a)provide directly, or in collaboration with other institutions facilities for technological, professional, and scientific education;
(b)advance knowledge and its practical application by research and other means;
(c)disseminate the outcomes of research by various means, and commercially exploit the results of such research;
(d)participate in technological innovation as well as in the discovery, transmission and enhancement of knowledge and to stimulate the intellectual life in the economic, social, cultural, scientific, and technological development;
(e)contribute to industrial and technological development of society directly or in collaboration with industry and other organizations;
(f)develop new programmes of study including those that culminate in degrees, diplomas and certificates;
(g)establish colleges, faculties, schools, institutes, departments, resource centres and administrative units as may be appropriate;
(h)inculcate a culture of innovation in technology, engineering, science and humanities, and promote intellectual property rights amongst staff, students, and society;
(i)promote education in humanities, sciences, technology, engineering and mathematics within the institution and society;
(j)develop an institution of excellence in teaching, training, scholarship, entrepreneurship, research, consultancy, community service, among other educational services and products, with emphasis on technology and its development, impact and application to society;
(k)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;
(l)provide quality educational, research, cultural, social, recreational, sporting, and other facilities;
(m)facilitate student mobility between programmes of study at different tertiary institutions, and the University;
(n)promote critical inquiry and creativity in education, training and research within the institution;
(o)participate in commercial ventures and activities that promote the objectives of the institution;
(p)foster the general welfare of staff and students;
(q)provide opportunities for development and further training for staff and students of the institution;
(r)develop and provide educational, cultural, professional, technical and vocational services to the community and in particular the fostering of corporate social responsibility;
(s)provide programmes, products, and services in ways that reflect the principles of equity and social justice;
(t)conduct examinations for, and grant such, academic awards as may be provided for in the Statutes, and to syndicate examinations for awards at other institutions as may be approved by the Senate; and
(u)facilitate the development and provision of academic and other programmes that are appropriate and accessible.
(2)Admission to the University as candidates for degrees, diplomas, certificates or other awards shall be open to all persons accepted as being qualified by the Senate in accordance with this Charter without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, colour, creed, physical ability or gender.
(3)No barrier based on any such distinction shall be imposed upon any person as a condition of their becoming, or continuing to be, a professor, lecturer, graduate or student of the University, or of their holding any office therein, nor shall any preference be given to, or advantage withheld from any person on the grounds of any such distinction.
(4)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.

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. Establishment of Campus Colleges and Colleges within the University

(1)The Council may, on the advice of the Senate, establish Colleges and campuses within the University whose functions and powers shall be provided for in the Statutes.
(2)A College established within the University shall consist of such faculties, schools, institutes, or centres as may be provided for by the Statutes.

10. Conferment of Degrees and Grant of Diplomas, certificates and other awards

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

11. Award of Scholarships

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

Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

12. Membership of the University

The Members of the University shall be—
(a)the Sponsor;
(b)the Board of Trustees;
(c)the Chancellor;
(d)the Council;
(e)the Vice-Chancellor;
(f)the Deputy Vice-Chancellors;
(g)the Principals of each Constituent College;
(h)the Principals of Campuses and Colleges within the University;
(i)the members of Senate;
(j)the Lecturers;
(k)the Librarian;
(l)the Registrars;
(m)the Finance Officer;
(n)the Legal Officer;
(o)the members of the Alumni Association;
(p)the non-teaching staff;
(q)the Students; and
(r)such other members from any other body formally admitted into association with the University or with any of its Constituent Colleges, as the Council may determine from time to time.

13. Governance of the University

The governance of the University shall be vested in the following bodies mandated to perform the functions and exercise powers conferred under this Charter—
(a)the Sponsor;
(b)the Board of Trustees;
(c)the Chancellor;
(d)the Council;
(e)the Vice-Chancellor;
(f)the Management Board;
(g)the University Senate;
(h)the Alumni Association; and
(i)the Students Association

14. The Sponsor

(1)The Sponsor of the East African University is BDK Universities Network International Kenya Ltd.
(2)The Sponsor shall, in addition to any other functions set out in this Charter—
(a)appoint members of the Board of Trustees;
(b)raise funds for the benefit of the University;
(c)promote the objects of the University;
(d)initiate the process of variation of this Charter; and
(e)in consultation with the Cabinet Secretary appoint a person to administer or manage the University in case of revocation of this Charter.

15. The Board of Trustees

(1)The Board of Trustees appointed under paragraph 14(2)(a) shall act and exercise all legal rights, powers and privileges of the University as provided for in the Act, this Charter and the Statutes.
(2)Notwithstanding subparagraph (1), the Board of Trustees shall have and exercise the following functions—
(a)appointing members of the Council;
(b)raising funds for the benefit of the University;
(c)promoting the objects of the University; and
(d)appointing the Chancellor.

16. The Chancellor

(1)The Board of Trustees shall, in consultation with the Sponsor, appoint the Chancellor of the University.
(2)A person who is appointed 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 award diplomas, certificates and any 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 this Charter and the statutes.
(4)The functions of the Chancellor under subparagraph (3) may in the absence or incapacity of the Chancellor be performed by the Chairperson of the Council for a period not exceeding three months.
(5)The office of the Chancellor shall become vacant if the Chancellor—
(a)resigns from office by notice in writing addressed to the Chairperson of the Board of Trustees;
(b)is unable to, by reason of physical or mental infirmity, gross misconduct or conflict of interest, exercise the functions of the office to the satisfaction of the Board of Trustees;
(c)is adjudged bankrupt or makes any arrangements or propositions with creditors generally; or
(d)dies.

17. The Council

(1)There shall be a Council of the University which shall be appointed by Board of Trustees.
(2)The membership of the Council shall comprise of—
(a)the Chairperson who shall be a professor with ten years’ experience in management of university education;
(b)one person of integrity and wide experience in finance who shall be a member of good standing of the Institute of Certified Public Accountants of Kenya for over seven years;
(c)one person holding a leadership position in the public or private sector appointed by the Board of Trustees;
(d)one person appointed by the Sponsor from amongst its shareholders or directors;
(e)two senior academic scholars, not being employees of the University, with a rank of an associate professor and at least ten years’ experience in management of university education;
(f)the Vice-Chancellor, who shall be an ex officio member.
(3)The Council may co-opt such other persons whose skills or experience are necessary for the purposes of the functions of the Council for such period as it may deem appropriate.
(4)The members of the Council, other than ex officio members, shall hold office for a term of three years and shall be eligible for re-appointment for one further term.
(5)The office of a member of Council shall become vacant if the member—
(a)not being an ex officio member, resigns from office in writing addressed to the Vice-Chancellor;
(b)is, by reasons of physical or mental infirmity, unable to exercise the functions of his office to the satisfaction of the Council;
(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 guilty of gross misconduct;
(e)fails to meet the requirements of Chapter Six of the Constitution; or
(f)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 regulations of the affairs of the Council shall be determined in accordance with this Charter and the Statutes.
(8)The Council shall exercise prudent leadership, innovative enterprise, and good judgment in directing the University and shall always act in the best interest of the University.
(9)The members of the first Council, other than the ex officio members, shall at the first meeting after their appointment determine by lot which of their numbers shall vacate office after a period of three and four years respectively to ensure continuity in the activities of the Council.
(10)The functions of the Council shall be to—
(a)formulate the policies of the University;
(b)recruit, promote or dismiss staff of the University;
(c)with the approval of the Board of Trustees, receive donations, endowments, gifts, grants or other monies and authorise disbursements;
(d)open bank accounts for the funds of the University;
(e)provide for the welfare of staff and students of the University;
(f)ensure that a proper management structure is in place and make sure that the structure, functions to maintain corporate integrity, reputation and responsibility.
(g)monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University.
(h)review the viability and financial sustainability of the University, and shall do so at least once every year.
(i)in consultation with the Board of Trustees and the Sponsor, administer the property and funds of the University in a manner and for the purposes which shall promote the interest of the University. However, the Council shall not charge or dispose of immovable property of the University except in accordance with the procedures laid down by the Board of Trustees and the Sponsor;
(j)receive, on behalf of the University, donations, endowments, gifts, grants or other moneys and make disbursements there from to the University or other bodies or persons;
(k)provide for the welfare of staff and students of the University; enter into association with other universities, university colleges or other institutions of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate as provided;
(l)approve regulations governing the conduct and discipline of the students of the University;
(m)approve regulations governing the conduct and discipline of the staff of the University;
(n)raise funds and secure financial support for the University;
(o)determine University fees and other charges;
(p)establish scholarships, bursaries and other awards;
(q)approve the terms and conditions of service and criteria for recruitment, appointment and promotion of staff;
(r)approve the regulations governing staff and student conduct;
(s)approve academic affiliations and associations with other colleges and institutions;
(t)establish its Committees;
(u)establish university colleges, campuses, departments, faculties, schools, institutes and any other teaching facility.
(v)approve the statutes of the University and cause them to be published in the Kenya Gazette;
(w)approve the annual University budget;
(x)appoint Vice-Chancellors, Deputy Vice-Chancellors and principals of Constituent Colleges through a competitive process in consultation with the Board of Trustees and the Sponsor;
(y)confer after receiving a report from the Senate, the title of Emeritus Professor, Visiting Professors, Honorary Professor, Honorary Lecturer or Honorary Fellow;
(z)in consultation with the Board of Trustees and the Sponsor, promote and make financial provisions and facilities for the execution of the functions of the University;
(aa)in consultation with the Board of Trustees and the Sponsor and subject to the laid down procedures, to approve the sale, purchase, exchange, or lease, or take on lease any movable and immovable property on behalf of the University;
(bb)subject to the laid down procedures and in consultation with the Board of Trustees and the Sponsor, approve the borrowing of money on behalf of the university and for that purpose and subject to the Act, to mortgage or charge all or any part of the property unless the conditions of the property so held provide otherwise, and to give such other security whether upon movable and immovable property or otherwise as the Council may deem fit;
(cc)receive, on behalf of the University, donations, endowments, gifts, development grants or other moneys and make legitimate disbursements wherefrom in consultation with the Board of Trustees and the Sponsor;
(dd)approve the constitution of the Students’ Association and so far as is reasonably practicable, ensure that the Students’ Association operates in a fair and democratic manner;
(ee)ensure that the University complies with all the relevant laws, regulations, governance practices, accounting and auditing standards; and
(ff)undertake any other functions as stipulated in the Act, this Charter and the Statutes.

18. Students’ Association

(1)There is established a student’s association of the University which shall consist of all students of the University.
(2)The student’s association constitution shall have its constitution, which shall be subject to the approval of the Senate and the Council.
(3)The student’s association shall elect a Student’s Council which shall have the following functions—
(a)overseeing and planning students’ activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being, in consultation with the Council;
(b)drawing the attention of the appropriate authorities, where necessary, to the special needs of the students; and
(c)undertaking other functions as provided in its governance instruments approved by the Council.

19. Alumni Association

(1)There shall be an Alumni Association of the University which shall consist of the graduates of the University and such other persons as may be prescribed by the Statutes.
(2)The Alumni Association shall participate in the process of appointment of the Chancellor within the provisions of the Act and the Statutes.
(3)The Alumni Association shall have the right to meet and discuss any matter relating to the University and to transmit the resolutions thereon to the Council and the Senate, and may exercise such other functions as may be prescribed in the Statutes.
(4)The Senate shall propose rules for promotion of the Alumni Association and make recommendations thereof to the Council.

Part IV – MANAGEMENT OF THE UNIVERSITY

20. The Vice-Chancellor

(1)There shall be a Vice-Chancellor of the University who shall be appointed by the Council in consultation with the Board of Trustees and who shall be the Chief Executive Officer of the University.
(2)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;
(d)assume administrative responsibilities for the day-to-day running of the University and its management.
(e)provide leadership in achieving the vision and the mission of the Institution;
(f)direct, promote and co-ordinate all the programmes and activities of the University;
(g)act as the representative of the University and be its spokesperson on its external relations;
(h)preside over the Senate and the University Management Board meetings in accordance with the Statutes;
(i)be responsible for the general welfare, conduct and discipline of staff and students;
(j)work collegially with the personnel of the University for the realization of its objectives; and
(k)have such responsibilities and duties as may be provided for in 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.
(4)The terms and conditions of service of the Vice-Chancellor shall be prescribed by the Statutes or the instrument of appointment.

21. The Senate

(1)There shall be a Senate of the University which shall comprise of—
(a)the Vice-Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Principal of each Constituent College;
(d)the Principal of each College within the University;
(e)the University Librarian;
(f)the Deans of Schools, Directors of Institutes and Boards, Directorates and Centres;
(g)the full Professors of the University;
(h)the Dean of Students;
(i)the Chairpersons of the teaching departments of the University;
(j)the Registrars;
(k)the Finance Officer;
(l)the Chief Medical Officer;
(m)the Chief Legal Officer;
(n)two members elected by the Academic Board of each Constituent College from among the members of such Board;
(o)not more than two Professors from each Constituent College;
(p)one representative of each of the Boards of the Faculties, Institutes and Schools elected by that Board from among its members who are not Professors and are not members of the Senate by virtue of any other provision of this subparagraph;
(q)two representatives of the students being the President and the Secretary of the Students’ Council; and
(r)any other member co-opted by the Senate.
(2)The members of the students’ Association shall not participate in any deliberation of the Senate which the chairperson considers confidential or which relate to examinations, grades and such other issues that may pose a conflict of interest.
(3)The functions of the Senate shall be to—
(a)satisfy itself regarding the content and academic standards of any course of study in respect of any degree, diploma, certificate or other award of the University, and to report its findings thereon to the Council;
(b)recommend to the Council the establishment, or abolition or harmonization of Faculties, Schools, Institutes, Units, Departments, and Centres as the Senate may deem necessary from time to time;
(c)appoint internal and external examiners and recommend to the Council the terms and conditions for their appointment;
(d)determine which qualifications or credits from other Universities or institutions shall be acceptable as equivalent to particular qualifications of the University;
(e)determine the design of academic dress and prescribe its use;
(f)promote the extra-mural, external and extension work of the University;
(g)promote research and innovation work in the University;
(h)promote co-operation and linkages with other institutions of higher learning and industry;
(i)make regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards;
(j)develop, implement and promote quality assurance systems and structures in all University academic operations;
(k)promote the welfare of students;
(l)receive proposals from various academic Boards and Faculties, Institutes, Schools, Centres and considering their recommendations and making appropriate decisions;
(m)recommend to the Council appropriate criteria for appointment and promotion of the academic staff of the university;
(n)review the Statutes from time to time and to present recommendations thereon to the Council;
(o)determine general policy matters relating to the library, laboratory facilities, teaching aids, workshops and such other academic services which are in its View necessary for the furtherance of the academic objectives of the University;
(p)propose regulations to be made by the Council regarding the eligibility of persons for admission to a course of study;
(q)propose regulations to be made by the Council regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificate or other award of the University;
(r)advise the Council on appointment, promotion and appraisal criteria of academic staff;
(s)decide which persons have attained such standard of proficiency and are otherwise fit to be awarded a Degree and conferred Diplomas and Certificates of the University;
(t)initiate proposals relating to the conduct of the University generally, and to discuss any matter relating to the University and making representations thereon to the Council;
(u)make regulations governing such other matters as are within its powers in accordance with this Charter or the Statutes; and
(v)form such committees that shall be necessary for it to perform its duties.
(4)Notwithstanding any other provisions of this Charter, the Council shall not initiate any action in respect of any of the matters mentioned in subparagraphs (a) to (v), of subparagraph (3) except upon receipt of a report or proposal there under.
(5)The Council shall not amend any regulations so proposed without further reference to the Senate.

22. The University Management Board

(1)There shall be a University Management Board which shall consist of—
(a)the Vice-Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Principals of Colleges within the University;
(d)the Registrars;
(e)the Finance officer;
(f)the Legal Officer;
(g)the Director of Students Welfare;
(h)the Director, Information Communication Technology; and
(i)any such other members as may be determined from time to time by the Board.
(2)The University Management Board shall assist the Vice-Chancellor in the day-to-day management of the University and shall, in this respect, be responsible for—
(a)the efficient management of the human, physical and financial resources of the University;
(b)making proposals to the Council and the Senate on policies that have application across the entire institution;
(c)develop and coordinate the University strategic and development plans;
(d)authorize the initiation of legal proceedings or defend or compromise legal proceedings in the name of and on behalf of the university;
(e)establish any University charges and fees; and
(f)any other matters related to the management of the University.

23. The Deputy Vice-Chancellors

(1)The Council shall appoint two or more Deputy Vice-Chancellors of the University through a competitive process.
(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-Chancellor of the University shall hold office for a term of five years and shall be eligible for re-appointment for one further term.

24. The Principals of Constituent Colleges

(1)The Principal of a Constituent College shall be appointed competitively by the Council in consultation with the Board of Trustees and shall be the academic and administrative head of the Constituent College.
(2)The Principal shall hold office upon such terms and for such period as may be provided for by the Statutes and upon expiration of that period may be eligible for re- appointments for one further term.

25. The Principals of Colleges within the University and Campuses

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

26. The Staff of the University

(1)The academic staff of the University shall consist of the Vice-Chancellor, Deputy Vice-Chancellors, Principals of Colleges and Campuses within the University, Professors, Librarian of the University and all members of staff who are engaged in teaching, research or extension in the University.
(2)The administrative or management staff of the University shall consist of members of staff not engaged in teaching or research work and shall include—
(a)the Deputy Vice-Chancellor (Administration and Finance); and
(b)non-teaching Departmental Heads.
(3)The technical staff of the University shall consist of the 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 the Council may determine from time to time.
(4)The support staff of the University shall consist of the staff engaged in general duties and as the Council may determine from time to time.
(5)All members of staff of the University shall, subject to this Charter, be appointed either—
(a)in the manner and upon the terms and conditions of the services prescribed by the Statutes; or
(b)in the case of a person seconded to the services of the University from the services of another institution, the government or any other institution, on terms and condition agreed upon between the Council and the seconding body.
(6)The Council may, subject to such restrictions as it may impose, delegate to any person or Committee either generally or specifically, the power to appoint any member of staff of the University.
(7)All members of staff shall—
(a)be employed on a full-time basis except 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.

27. Performance of Functions in absence of office holder

(1)In the event of the incapacity of the Vice-Chancellor, the Council shall, in consultation with the Board of Trustees and the Chancellor, appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of three months.
(2)In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council may, in consultation with the Board of Trustees and the Chancellor, appoint a member of academic staff of the University to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum of three months.
(3)In the event of the incapacity of any member of staff of the University other than the Vice-Chancellor, or Deputy Vice-Chancellor, the Vice-Chancellor may appoint a suitable person to perform the functions of the said officer during the period of incapacity subject to a maximum of up to three months.
(4)In this paragraph, "incapacity" includes absence from Kenya or the 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 the expiry of the above prescribed period, the position shall fall vacant and the process of filling the position as provided for in the Act, the Statutes, and regulations shall commence.

Part V – FINANCIAL PROVISIONS

28. Financial Year

(1)The financial year of the University shall be the period of twelve months which shall commence 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 purposes of the transition from the old financial year to a new financial year consequent upon change, the transitional period, whether more or less than twelve months, shall be deemed for the purpose of this Charter to be a financial year.

29. University Funds and Resources

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

30. Investment of 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 may, in consultation with the Board of Trustees, create or appoint other corporate bodies to manage its investments, pensions, provident funds, properties.

31. Annual Estimates

(1)The Council shall, three months before the commencement of a financial year, 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 fiscal 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 physical 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 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) above, 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 (ii) 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.

Part VI – MISCELLANEOUS PROVISIONS

33. Instruments and symbols of Governance.

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

34. Instruments of Authority

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

35. Common Seal

(1)The Common Seal of the University shall be kept in such custody and used only as the Council shall direct, as specified in the Statutes.
(2)The Common Seal of the University shall be authenticated by the signatures of—
(a)the Vice-Chancellor; and
(b)one other member of the Council duly authorized by the Council.
(3)The Common Seal of the University when affixed to any document and duly authenticated under this paragraph shall be judicially and officially noticed, and, unless and until the contrary is proved, order or authorization of the Council under this paragraph shall be deemed to have been duly given.

36. Statutes

(1)In the performance of its functions under this Charter, the Council shall, subject to this Charter, make Statutes generally for the governance, control and administration of the University and for the better carrying into effect of the purposes of this Charter, and in particular for—
(a)the establishment of colleges, faculties, institutes and schools of the University;
(b)the description of degrees, diplomas, certificates;
(c)the defining of the requirements for conferment of degrees and award of diplomas and certificates;
(d)the conduct of examinations;
(e)prescribing fees and boarding charges;
(f)setting the terms and conditions of service, and schemes of service, including the appointment, dismissal and recommendation of retiring benefits of the members of staff of the University;
(g)describing the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and
(h)prescribing the rules and regulations for student Association.
(2)Despite subparagraph (1), the Council shall not make, amend or revoke any Statutes relating to the Senate without first ascertaining the opinion of the Senate.
(3)The Statutes shall only be made by a resolution passed at a meeting of the Council supported by a majority of not less than three-fourth of the members present and voting, being not less than half of the total membership of the Council.

37. Variation and revocation of this Charter

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

38. Protection of the University 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 an entity that includes the words "The East African" and "University" together in any order, unless the application for 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 "The East African University" and "University", together in any order, and or in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or 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.

39. Dissolution of the University

Subject to this Charter, if on the winding up or the dissolution of the University, there shall remain, after the satisfaction of all its debts and liabilities, any funds, assets and property, such funds, assets or property, shall be transferred to the Board of Trustees of the East African University Trust.
▲ To the top

History of this document

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