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Charter for Tharaka University

Legal Notice 168 of 2022

This is the version of this Legal Notice as it was from 23 September 2022 to 30 December 2022. Read the latest available version.
Charter for Tharaka University
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Legal Notice 168 of 2022
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Universities Act
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LAWS OF KENYA

UNIVERSITIES ACT

CHARTER FOR THARAKA UNIVERSITY

LEGAL NOTICE 168 OF 2022

  • Published in Kenya Gazette Vol. CXXIV—No. 193 on 23 September 2022
  • Commenced on 12 September 2022

PREAMBLE

WHEREAS the Government of Kenya wishes to establish an institution in the name of Tharaka University, situated in Tharaka Nithi County in the Republic of Kenya;AND WHEREAS the said Tharaka University has applied to the Commission for University Education, for the grant of a Charter to provide for the establishment, control, governance and administration of the University and for connected purposes, in the manner prescribed by the Universities Act, 2012;AND WHEREAS the Commission for University Education has visited and inspected the said institution, and is satisfied that the objects of Tharaka University are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for University Education is also satisfied that Tharaka University has complied with the provisions of the Universities Act, 2012;AND WHEREAS the Commission for University Education has submitted a draft Charter, the text whereof is annexed hereto, to the Cabinet Secretary in the Ministry of Education on the said institution and the Cabinet Secretary in the Ministry of Education is satisfied that Tharaka University, should be granted the Charter;AND WHEREAS the Cabinet Secretary in the Ministry of Education has submitted the Charter to me with recommendations thereon;AND WHEREAS I am satisfied that granting of the Charter to Tharaka University will be of benefit to the advancement of university education in Kenya;NOW THEREFORE, by these presents, be it known that in exercise of the powers conferred upon me by section 19 of the Universities Act, I, Uhuru Kenyatta, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, hereby grant the Charter annexed hereto to Tharaka University.

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the Tharaka University Charter, 2022.

2. Interpretation

In this Charter, unless the context otherwise requires –“Alumni Association” means the Alumni Association of the University established under paragraph 14 of this Charter;“Campus College” means a College Established under paragraph 8 of this Charter;“Chancellor” means the Chancellor of the University;“Constituent College” means a College established under paragraph 9 of this Charter;“Council” means the Council of the University established under paragraph 14 of this Charter;“Deputy Vice-Chancellor” means the Deputy Vice-Chancellor of the University appointed in accordance paragraph 20 of this Charter;“faculty” means a faculty of the University established under the Statutes;“graduate” means a person upon whom a degree has been conferred or a diploma or certificate awarded;“incapacity” means inability to perform functions of the office concerned;“Institute” means an institute of the University established by the Statutes;“Lecturer” means a member of the staff of the University who is, in terms of appointment, a Professor, an Associate Professor, Senior Lecturer, Lecturer, Assistant Lecturer, or Tutorial Assistant, or a person who holds any other teaching post which the Council has recognized as a post having academic status in the University;“Librarian” means the person appointed to be the librarian of the University;“University Management Board” means the Board established under paragraph 18;“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for education;“Principal” means the Principal of the University College or Constituent College appointed under paragraphs 21 and 22 of this Charter;“Professor” means a Professor of the University;“Registrar” means the registrar appointed by the Council;“school” means a school of the University established under the Statutes;“Senate” means the Senate of the University;“Statutes” means statutes of the University made by the Council under this Charter;“student” means a person registered by the University for the purposes of obtaining a qualification of the University or any other person who is determined by the Senate to be a student;“University” means the Tharaka University established under paragraph 3 of this Charter; and“Vice-Chancellor” means the Vice-Chancellor of the University appointed under paragraph 17 of the Charter.

Part II – ESTABLISHMENT AND FUNCTIONS OF THARAKA UNIVERSITY

3. Establishment and Incorporation of the University

(1)There is hereby established a University to be known as the Tharaka University.
(2)The University shall be a body corporate with perpetual succession and a common seal, and shall in its corporate name be capable of—
(a)suing and being sued;
(b)taking, purchasing or otherwise acquiring, holding, charging and disposing of moveable and immovable property;
(c)receiving, investing, borrowing and lending money; and
(d)doing or performing any such other things or acts, including entering into such contracts as, may be necessary or expedient for the furtherance of the provision of this Charter which may be done by a body corporate.
(3)The University shall be the successor to Tharaka University College established by the Tharaka University College Order, Legal Notice Number 146 of 4th August, 2017.
(4)All rights, duties, obligations, liabilities and assets held by Tharaka University College existing at the commencement of this Charter, shall automatically and fully be transferred to and vest in the Tharaka University and any reference to Tharaka University College in any contract or document shall for all purposes be deemed to be a reference to Tharaka University.

4. Vision

A Centre of excellence in teaching, research, innovation and outreach for societal transformation.

5. Mission

To create a strong knowledge base through teaching, research and innovation, and to disseminate this knowledge to produce all rounded graduates with problem solving skills for positive societal transformation.

6. Philosophy

The University subscribes to three core values; sustainability, excellence and integrity. In pursuit of these values and its dedication to achieving the vision, the University shall use its resources to inculcate a culture of knowledge generation, preservation, management and dissemination for positive societal transformation.

7. Functions, Aims and Objectives of the University

(1)The objects and functions of the University shall be to—
(a)provide directly, or in collaboration with other institutions of higher learning, facilities for university education including technological, scientific and professional education;
(b)participate in the discovery, transmission and preservation and enhancement of knowledge and to stimulate the intellectual life and the economic, social, cultural, scientific and technological development of Kenya;
(c)provide and advance University education and training to appropriately qualified candidates, leading to the conferment of degrees and the award of diplomas and certificates and such other qualifications as the Council and the Senate shall determine from time to time;
(d)conduct examinations for such academic awards as may be provided for in the Statutes of the University;
(e)inculcate a culture of lifelong learning, responsible citizenry and innovation in technology, engineering and mathematics within the institution and society; and
(f)examine and approve proposals for the establishment of colleges, campuses, faculties, schools, institutes, departments, resource and research centres, and new programs of study.
(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 the Constitution, the Act and this Charter without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, colour, creed, physical ability or gender; and 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.

8. Establishment of Colleges and Campuses within the University

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

9. Establishment of Constituent Colleges

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

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

(1)Subject to the Act and this Charter, the University may —
(a)award a Certificate and Diploma and such other qualifications as may be provided for by the Statutes;
(b)confer a Bachelors, Masters or Doctorate Degree and such other University qualifications as may be provided for by the Statutes; or
(c)confer honorary degrees or any other academic distinction to a person who has rendered distinguished service to the advancement of any branch of learning or who has otherwise rendered service in any field of human endeavor worthy of such a degree or academic distinction as may be provided for in the Statutes.
(2)Subject to this Charter, the University Council may, on the recommendation of the Senate, cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or such other award as may be provided for in the Statutes.

11. Award of Scholarships

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

Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

12. Membership of the University

(1)The members of the University shall be—
(a)the Chancellor;
(b)the Council;
(c)the Vice-Chancellor;
(d)the Deputy Vice-Chancellors;
(e)the Principal of Constituent Colleges;
(f)the Principal of colleges and Campuses College within the University;
(g)the members of the Senate;
(h)the University Management Board;
(i)the Registrars of the University;
(j)the Finance Officer of the University;
(k)Deans of Faculties, Directors and Chairpersons of Departments;
(l)the Librarian;
(m)the Corporation Secretary and Chief Legal Officer of the University;
(n)the Professors of the University;
(o)the Dean of Students;
(p)all staff of the University;
(q)the Lecturers of the University;
(r)the Students of the University;
(s)the convocation,
(t)the Alumni;
(u)the members of staff of the University and;
(v)such other members of staff of the University or any other body formally admitted into association with the University, as the Council may from time to time determine.
(2)The members of the University shall enjoy such rights and privileges as may be set out in the Statutes.

13. The Chancellor

(1)There shall be a Chancellor of the University who shall be appointed and who shall hold office in accordance with the Act.
(2)The term of office shall be in accordance with the provisions of the Act.
(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, direct an inspection of the University or an inquiry into the teaching, research or any other work of the University;
(c)may arrange for visitation into the general administration and organization of the University in such a manner as may be provided by the Statutes; and
(d)may from time to time give advice to the Council which he considers necessary for the betterment of the University.
(4)The Chancellor shall enjoy such powers and privileges and perform such other functions as may be provided for by the Statutes.

14. The Council

(1)There shall be a Council of the University appointed in accordance with the Act.
(2)A member of the Council, other than an ex-officio member, shall hold office for a term of three years and shall be eligible for re-appointment for one further term.
(3)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 Vice-Chancellor;
(b)is, by reasons of physical or mental infirmity, unable to exercise the functions of the members’ office to the satisfaction of the Council;
(c)fails to attend three consecutive Council meetings;
(d)is adjudged bankrupt by a court of competent jurisdiction;
(e)is found by a competent court of law to be guilty of a criminal offence;
(f)contravenes the provisions of Chapter six of the Constitution; and
(g)dies.
(4)Where the office of a member of the Council becomes vacant, the Vice-Chancellor shall forthwith notify the vacancy to the appropriate appointing authority.
(5)The procedure, conduct and regulation of the affairs of the Council shall be determined in accordance with the Charter and the Statutes.
(6)The Council shall exercise prudent leadership, innovative enterprise, and good judgement in directing the University and shall always act in the best interest of the University.
(7)Subject to this Charter, the Council shall be the governing body of the University.
(8)The University—
(a)may 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; and
(b)may, after consultation with the Senate, make regulations governing the conduct and discipline of students of the University.

15. Functions of the Council

The Council shall have the following functions —
(a)employing staff;
(b)approving the Statutes of the University;
(c)approving the budget;
(d)administering the property and funds of the University in a manner and for the purposes which shall promote the interest of the University; but the Council shall not charge or dispose of immovable property of the University except in accordance with the procedures laid down by the Government of Kenya;
(e)receiving donations, endowments, gifts, grants or other monies on behalf of the University and making disbursements therefrom to the University or other bodies or persons;
(f)approving the appointment criteria and the terms and conditions of service of staff;
(g)providing for the welfare of the staff and students of the University;
(h)ensure that a proper management structure is in place and make sure that the structure functions to maintain corporate integrity, reputation and responsibility;
(i)approve, monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University;
(j)constantly review the viability and financial sustainability of the University, and shall do so at least once every year;
(k)ensure that the University complies with all the relevant laws, regulations, governance practices, accounting and auditing standards; and
(l)perform such other duties as may be provided for in the Statutes.

16. The Students’ Association

(1)There shall be a Students’ Association established under the Act, this Charter and the Statutes.
(2)There shall be a Students' Association established in accordance with the Act.
(3)The functions of the Students' Association shall be to—
(a)oversee and plan, in consultation with the Senate, students' activities for the promotion of academic, spiritual, moral, harmonious communal life and social well-being of all students;
(b)draw to the attention of the appropriate authority, where necessary, special needs from particular students;
(c)offer suggestions to the Senate or its equivalent on matters affecting the wellbeing of students; and
(d)undertake such other functions as provided in its governance instrument as approved by the Council.

17. The Alumni Association

(1)There shall be an Alumni Association of the University which shall consist of graduates of the University and such other person as may be determined by the Statutes.
(2)The functions of the Alumni Association shall be—
(a)to bring together graduates and former students of the University;
(b)to engage in fund raising activities to assist the University; and
(c)to promote the University’s welfare and image.
(3)The Alumni Association shall govern the conduct of its own proceedings.
(4)The Alumni Association shall have the right to meet and discuss any matter relating to the University and transmit resolutions thereon to the Council, and may exercise such other functions as the Statutes may prescribe.

Part IV – MANAGEMENT OF THE UNIVERSITY

18. The Vice-Chancellor

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

19. The University Management Board

(1)There shall be established a University Management Board which shall assist the Vice-Chancellor in the day-to-day management operations of the University and implementation of the policies of the University and shall—
(a)ensure efficient management of the human resources, programmes, facilities and finances of the University;
(b)plan for the development and needs of the University; and
(c)develop strategies for the generation of revenue to secure adequate financial support for the University.
(2)The membership of the University Management Board shall consist of—
(a)the Vice-Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Principals of Colleges and Campuses;
(d)the Registrar of the University;
(e)the Finance Officer of the University;
(f)the Corporation Secretary and Chief Legal Officer of the University; and
(g)the Planning and Development Officer.
(3)The Management Board may co-opt any other member as it may deem fit.
(4)The Deputy Vice-Chancellor (Finance and Administration) shall provide secretariat services to the Management Board.

20. The Senate

(1)There shall be a Senate of the University which shall be in charge of all academic matters of the University.
(2)The membership of the Senate shall be —
(a)the Vice-Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Principals of the constituent colleges;
(d)the Principals of each college and campus of the University;
(e)the Registrars of the University;
(f)the Deans of the faculties, and Directors of Schools, Institutes and Centres;
(g)the Chairpersons of Departments of the University;
(h)the Professors of the University;
(i)two members elected by the Academic Board or equivalent Board of each Constituent University College from among the members of that Board;
(j)the Librarian;
(k)the Dean of Students;
(l)the Corporation Secretary and Chief Legal Officer;
(m)one representative of each of the faculty or school boards appointed by the respective boards from among its members; and
(n)two members elected by the students’ organization, who shall however not be entitled to attend deliberations of the Senate on matters which are considered by the chairperson of the Senate to be confidential or which relate to examinations, the general discipline of students, and other related matters.
(3)The membership of the Senate may include such other persons as the Council may determine from time to time under the Statutes.
(4)The Senate may co-opt any other person as may be provided for in the Statutes.
(5)The Deputy Vice-Chancellor (Academics) shall provide secretariat services to the Senate.
(6)The Senate shall have the following functions, powers and duties —
(a)satisfying itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of University and reporting its findings thereon to the Council;
(b)proposing regulations for consideration by the Council regarding the eligibility of persons for admission to a course of study;
(c)proposing regulations for consideration 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;
(d)deciding which persons have attained the prescribed standard of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other award of the University and to report its decision thereon to the Council; and
(e)initiating proposals relating to the conduct of the University generally and to discuss any matter relating to the University and making representation there on to the Council.
(f)regulating the conduct of examinations;
(g)approving the examination results;
(h)making regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards;
(i)developing, implementing and promoting quality assurance systems and structures in the University operations;
(j)receiving proposals from various boards and faculties, institutes, schools, centres and considering their recommendations and making appropriate decisions;
(k)recommending to the Council appropriate criteria for appointment and promotion of academic staff;
(l)determining general policy matters relating to the library, laboratory facilities, teaching aids, workshops and such other academic services which are in its view necessary for the furtherance of the academic objectives of the University; and
(m)making regulations governing such other matters as are within its powers in accordance with this Charter and the Statutes.
(7)The Senate may establish committees consisting of members of the Senate or such other persons as it may deem fit, and may delegate any of its powers or functions to the Chairperson or any such committees.
(8)The Senate may recommend to the Council the withdrawal of any degrees or other distinctions or titles, or the revocation of any diplomas or certificates granted by the University, and withdrawal of all privileges connected therewith in accordance with the Statutes.

21. The Deputy Vice-Chancellors

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

22. The Principals of Colleges and Directors of Campuses within the University

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

23. Principals of Constituent Colleges

(1)The Principal of a Constituent College shall be appointed in accordance with the provisions of the Act.
(2)The Deputy Vice-Chancellors of the University shall hold office for a term of five years and shall be eligible for re-appointment for one further term of five years.

24. Convocation

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

25. Staff of the University

(1)The Senior Management Staff of the University shall consist of the Vice- Chancellor, the Deputy Vice-Chancellors, Principals of Constituent Colleges, the Deans of Schools, Faculties and Directors of Institutes and such other members of staff as the Council may determine from time to time.
(2)The academic staff of the University shall consist of the Vice-Chancellor, the Deputy Vice-Chancellors, Principals of University Colleges and Campuses, Deans of Faculties, Schools, the Librarian and all members of staff who are engaged in teaching and research.
(3)The administrative staff of the University shall consist of the Registrars and such other members of staff, not being engaged in teaching or research, as the Council may determine from time to time.
(4)The technical staff of the University shall consist of those staff engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments under the general direction of the heads of teaching departments, and as the Council may determine from time to time.
(5)The support staff of the University shall consist of those staff engaged in general duties and such other persons as the Council may from time to time determine.
(6)All members of staff of the University may, subject to this Charter, be appointed either—
(a)in such manner and upon such terms and conditions of service as may be prescribed by the Statutes; or
(b)in the case of a person seconded to the service of the University from the service of another institution, the Government or any other public service, on terms and conditions agreed upon between the Council and the seconding body.
(7)The Council may, subject to such restrictions as it may impose, delegate, either generally or specifically, to any person, committee, or body, the power to appoint any member of the staff of the University.
(8)All members of staff of the University shall—
(a)be employed in accordance with the statutes or as otherwise specifically provided by the statutes or by the terms of a particular appointment; and
(b)be subject to the general authority of the Council and of the Vice-Chancellor.

26. Performance of Functions in the Absence of an Office Holder

(1)In the absence of the Vice-Chancellor, the Council shall appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity subject to a maximum period of one hundred and eighty days.
(2)In the absence of the Vice-Chancellor and all the Deputy Vice-Chancellors, the Council shall appoint one of a member of the University staff to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum period of one hundred and eighty days.
(3)In the absence of the Vice-Chancellor, the Deputy Vice-Chancellors or the Principals of colleges within the University, the Council shall appoint a member of staff to perform the functions of the Vice-Chancellor during the period of incapacity subject to a maximum period of one hundred and eighty calendar days.
(4)In the absence of any member of the staff of the University other than the Vice-Chancellor, and the Deputy Vice Chancellors, the Vice-Chancellor may appoint a suitable person to perform the functions of the said officer during the period of absence.

Part V – FINANCIAL PROVISIONS

27. Financial Year

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

28. Annual Estimates

(1)Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University for the year.
(2)The annual estimates 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 proper maintenance of the buildings and grounds of the University;
(d)the proper maintenance, repair and replacement of equipment and other movable property of the University;
(e)the proper funding of the cost of teaching and research of and in the University;
(f)development expenditure; and
(g)the creation of such reserve funds to meet future or contingent liabilities in respect of retiring benefit, insurance or replacement of building or equipment, or in respect of such other matters as the Council may think fit.
(3)Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate.
(4)No expenditure shall be incurred for the purpose of the University except in accordance with the annual estimates approved or in pursuance of an authorization of the Council given with the prior approval of the Cabinet Secretary.

29. Accounts and Audit

(1)The Council shall cause to be kept all proper books of accounts of the income, expenditure, assets and liabilities of the University.
(2)The accounts of the University shall be audited and reported upon in accordance with the Act and any other relevant laws of Kenya.
(3)The accounts of the University shall be audited by the Auditor-General and all relevant financial management regulations provided by the Ministry for the time being responsible for public finance.

30. Funds and Property of the University

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

Part VI – MISCELLANEOUS PROVISIONS

31. Instruments of Authority

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

32. Statutes

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

33. Protection of Name

(1)Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for any such registration any name which includes the word ‘Tharaka’ together with the word ‘University’ unless the application for the registration is accompanied by the written consent of the Council.
(2)Any person who except with the written consent of the Council, uses the word ‘Tharaka’ together with the word ‘University’ 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 imprisonment for a term not exceeding twelve months, or both.
(3)Provided that 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 him of a degree, diploma or certificate by the University.

34. Revocation of Order

(1)The Tharaka University College Order of Legal Notice 146 of 4th August 2017 is revoked.
(2)Notwithstanding subparagraph (1), all agreements, directions, orders, appointments, requirements, authorizations, other things given, taken or done under, and all funds, assets, and other property acquired by virtue of that Order, shall, so far as not inconsistent with this Charter, be deemed to have been given, taken, done or acquired under this Charter.
(3)The Statutes or regulations made under the Order and in force immediately before the grant of this Charter shall continue in force but may be amended or revoked by the Statutes or regulations made under this Charter.

35. Transitional

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

36. Variation and Revocation of the Charter

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

31 December 2022
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23 September 2022 this version
12 September 2022
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