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The Management University of Africa Charter, 2024

Legal Notice 135 of 2024

The Management University of Africa Charter, 2024
Citation
Legal Notice 135 of 2024
Primary work
Universities Act
Date
23 August 2024
Language
English
Type
Legal Notice
Original enactment
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LAWS OF KENYA

UNIVERSITIES ACT

THE MANAGEMENT UNIVERSITY OF AFRICA CHARTER, 2024

LEGAL NOTICE 135 OF 2024

  • Published in Kenya Gazette Vol. CXXVI—No. 131 on 23 August 2024
  • Commenced on 16 August 2024

PREAMBLE

WHEREAS the Kenya Institute of Management wishes to establish an institution in the name of Management University of Africa situated in Kajiado County within the Republic of Kenya;AND WHEREAS the said Management University of Africa 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;AND WHEREAS the Commission for University Education has visited and inspected the said institution, and is satisfied that the objects of the Management University of Africa are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for University Education is also satisfied that Management University of Africa has complied with the provisions of the Universities Act;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 Management University of Africa 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 shall 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, WILLIAM SAMOEI RUTO, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, hereby grant the Charter annexed hereto to Management University of Africa.

Part I – PRELIMINARY

1. Short Title

This Charter shall be cited as the Management University of Africa Charter, 2024.

2. Interpretation

In this Charter unless the context otherwise requires—“academic staff” means any person appointed to teach, train or to do research at the University, and any other appointee designated as such by the Council;“Act” means the Universities Act;“Alumni Association” means the association of the University graduates established under paragraph 23;“Board” means a body established within the University with the purpose of ensuring the University’s prosperity and posterity by directing the University’s affairs;“Board of Trustees” means the Board of Trustees of Management University of Africa Educational Trust established under the Trustee (Perpetual Succession) Act (Cap. 164);“Campus” means campus of the University as established under the Act;“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters related to university education;“Centre” means a research, teaching, production or for other purposes, unit, which may be constituted by the Council within the University;“Chairperson of the Council” means the Chairperson of the Council of the University appointed under paragraph 19;“Chancellor” means the Chancellor of University appointed under paragraph 18;“College” means an academic unit made up of faculties, schools or institutes;“Commission” means the Commission for University Education established in accordance with section 4 of the Act;“Constituent College” means a semi-autonomous academic unit of the university, established under paragraph 9;“Council” means the governing body of the University established under paragraph 19;“Dean” means an officer elected or appointed to head a Faculty, School, Institute, or Dean of Students of the University;“Deputy Vice-Chancellor” means a Deputy Vice-Chancellor of Management University of Africa under paragraph 26;“Faculty" means an academic unit of the University;“Graduate” means a person upon whom a degree or other academic qualification has been conferred by the University;“Institute” means a unit established by the University;“Lecturer” means a member of the University teaching staff and includes a counsellor or a researcher;“Registrar” means a person appointed as an assistant to the Deputy Vice-Chancellor within a division of the University;“Sponsor” means the Kenya Institute of Management;“Statutes” means a set of regulations formulated by the Council in accordance with the provisions of the Act and this Charter;“Students Association” means an association of the students recognized by the Council as being representative of the students of Management University of Africa under paragraph 22;“Senate” means the Senate of the University established under paragraph 21;“student” means a person registered by the University for the purpose of obtaining a qualification of the University and includes person who shall be determined by the Senate to be a student;“University” means the Management University of Africa established under paragraph 3;“University Management Board” means the University Management Board of the University established under paragraph 24; and“Vice-Chancellor” means the Vice-Chancellor of the University appointed under paragraph 25.

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 Management University of Africa.
(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;
(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 operate as a non-profit organization.
(4)The University shall be the successor to the Management University of Africa constituted under the Letter of Interim Authority No. ACC/CHE 3/00131, issued on the 2nd September 2011 and subject to this Charter.
(5)All rights, duties, obligations, assets and liabilities held by Management University of Africa existing immediately before the award of this Charter, shall automatically and fully transferred be transferred to and vest in the University and any reference to Management University of Africa in any contract or document shall for all purposes be deemed to be a reference to the University.

4. The Vision

To be a premier University providing management and transformative leadership solutions worldwide.

5. The Mission

To pursue excellence in the provision of quality education through innovative teaching and distinguished research to mould leaders, change agents and entrepreneurs with a global impact.

6. The Philosophy

To be a University that embraces an environment that develops, nurtures and transforms leaders and managers who are passionate for innovative change, governance, entrepreneurship and business development for the transformation of Africa and beyond.

7. The Core Values

The core values of the University shall be—
(a)life long and experiential learning: to develop a learning culture in the university that continues throughout a person’s lifetime;
(b)creativity and innovation: introducing new method, and interventions through research and development that ensure quality, efficiency, effectiveness and productivity;
(c)integrity: ensuring excellence within the University by upholding professional and ethical standards and accountability;
(d)social responsibility: providing leadership in responding to issues of national, regional and global concerns through collaborative efforts; and
(e)academic freedom: upholding the spirit of free and critical thought and enquiry, through open exchange of best practice, ideas and knowledge.

8. The objectives and functions of the University

(1)The objectives and functions of the University shall be to—
(a)mobilize resources to support achievement of the vision, mission, aims and objectives of the University;
(b)establish a centre of excellence for the study of the theory and practice of management;
(c)recruit students who support the vision, mission, philosophy, aims and objectives of the University; and
(d)promote research on cutting edge issues in management and related disciplines.
(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 and the Statutes 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.

9. Establishment of Constituent Colleges

Constituent colleges shall be established in accordance with the provisions of section 20 of the Act.

10. Establishment of Colleges and Campuses within the University

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

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

(1)Subject to this Charter, the University may—
(a)confer degrees of Bachelors, Masters, Doctorate and such other degrees as may be provided for by the Statutes;
(b)award diplomas, certificates and other academic awards as may be provided for by the Statutes;
(c)confer honorary degrees or any other academic distinction upon 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.

12. Award of Scholarships

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

13. Convocation

(1)There shall be Convocation of the University, which shall consist of graduates and such other persons as may be specified in the by the Statutes.
(2)The convocation shall be convened for purposes of conferment and granting of awards and for such other functions as may be specified in the Statutes.

Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

14. Membership of the University

(1)The members of the University shall be—
(a)the Sponsor;
(b)the Board of Trustees;
(c)the Chancellor;
(d)the Council;
(e)the Vice-Chancellor;
(f)the Deputy Vice-Chancellors;
(g)the Principals of each constituent college;
(h)the Principals of Campuses and Colleges within the University;
(i)the Deans or Directors of Faculties or Schools or Institutes;
(j)the Students;
(k)the Staff of the University;
(l)the University Faculty;
(m)the Dean of Students;
(n)the University Librarian;
(o)the University Chaplains or religious leaders;
(p)the Alumni;
(q)the Registrars; and
(r)any other members of staff of the University, or other person or body formally admitted into association by the University or with any of its Constituent Colleges as the Council may determine from time to time.

15. Governance of the University

The governance of the University shall be vested in—
(a)the Sponsor;
(b)the Board of Trustees;
(c)the Chancellor;
(d)the Council;
(e)the Vice-Chancellor;
(f)the Senate;
(g)the University Management Board;
(h)the Alumni; and
(i)the Student Council.

16. The Sponsor

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

17. The Board of Trustees

(1)The Board of Trustees shall be appointed by the Sponsor of the University.
(2)The Board of Trustees of the University shall be a body corporate with perpetual succession established by the Trust Deed under the Trustees (Perpetual Succession) Act (Cap. 164).
(3)The Board of Trustees shall, in addition to the responsibilities set out under section 35(3) of the Act, perform such other functions as may be provided in the Statutes.
(4)The membership of the Board of Trustees shall consist of a minimum of five members and maximum of seven members.
(5)A person qualifies to be appointed as a member of the Board of Trustees if the person meets the requirements of Chapter Six of the Constitution.

18. The Chancellor

(1)There shall be a Chancellor of the University, who shall be appointed by the Board of Trustees in accordance with the provisions of this Charter and the Statutes.
(2)The Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term.
(3)The Chancellor shall perform the functions assigned in the Act.

19. The Council

(1)There shall be a Council of the University which shall be appointed by the Board of Trustees.
(2)The Chairperson of the Council shall hold office for a term of five years and shall be eligible for re-appointment for one further term.
(3)The members of the Council, except ex-officio members, shall hold office for a term of three years and shall be eligible for re-appointment for one further term.
(4)The membership of the Council shall consist of—
(a)the Chairperson of the Council;
(b)three external academics;
(c)three entrepreneurs or industrialists; and
(d)the Vice-Chancellor, who shall be the Secretary;
(5)A person qualifies to be appointed a member of the Council if the person—
(a)in the case of the Chairperson, holds a doctorate degree from a university recognized in Kenya and has at least fifteen years' experience in matters relating to management of university education;
(b)in the case of a member of the Council, holds a Master’s degree from a university recognized in Kenya and has at least ten years’ experience in management of a university or higher institution of learning or equivalent institution; and
(c)meets the requirements under Chapter Six of the Constitution.
(6)The office of a member of the Council shall become vacant if the member—
(a)resigns from office by notice in writing addressed to the Vice-Chancellor;
(b)by reasons of physical or mental infirmity or otherwise, unable to discharge his or her duties as required to the satisfaction of the Board of Trustees;
(c)is convicted of an offence and sentenced to more than six months’ imprisonment;
(d)dies; and
(e)is adjudged bankrupt by a competent court of law.
(7)Where the office of a member of the Council becomes vacant under subparagraph (6), the Vice-Chancellor shall notify the vacancy to the Board of Trustees who shall appoint another member to fill the vacancy for the remainder of the term of such member.
(8)The Council shall establish Committees as shall be specified in the Statutes.
(9)Unless the Council otherwise determines, a meeting of the Council shall be held at least once every quarter in a calendar year at such time and at the seat of the University unless otherwise determined by the Chairperson of the Council with authority of Board of Trustees.
(10)The Chairperson of the University shall, upon written request by a majority of the members, call a special meeting of the Council
(11)The quorum for a meeting of the Council shall be to the nearest whole number above half of the membership of the Council.
(12)The Chairperson shall preside at every meeting of the Council at which the Chairperson is present, but in the absence of the Chairperson, the members present may elect an acting Chairperson from among their number to preside.
(13)Unless a unanimous decision is reached, a decision on any matter before the Council shall be by a majority of the members present, and in the case of an equality of votes the Chairperson shall have a casting vote.
(14)A member who has a direct or indirect interest in a matter being considered or to be considered by the Council shall, as soon as the relevant facts regarding the matter come to knowledge of the member, disclose the nature of such interest, and shall not be present during any deliberations on the matter.
(15)The Council shall cause the minutes of all proceedings of its meetings to be recorded and kept, and shall be signed by the Chairperson of the Council.

20. Functions of the Council

(1)The Council shall, in addition to the responsibilities set out in sections 35 (1)(a) and 60 of the Act—
(a)set the strategic direction for the University;
(b)formulate, in consultation with the University Management Board, rules and regulations for the proper governance of the University;
(c)develop the infrastructure of the University and ensure that quality and integrity of academic programs and professional courses of the University are maintained;
(d)authorise the use of income and expenditure of funds outside the approved annual budget;
(e)approve the establishment of constituent campuses, colleges, faculties, schools, institutes, departments, divisions, and centres to offer training, research and courses of instruction consistent with the mission and objectives of the University;
(f)approve, upon recommendations by the University Management Board, terms and conditions of service for employees of the University;
(g)authorise the purchase, lease or hire or otherwise acquisition and holding of any land, buildings, easements or inheritances of any tenure and any other freehold or leasehold property and construction or provision of any buildings, works, stores, plant and things which may from time to time be deemed requisite for any of the purposes of the University;
(h)borrow or raise money for the purposes of the University, after consultation with the University Management Board;
(i)authorise the investment of any money of the University;
(j)establish, on the recommendation of the Senate and the University Management Board, fellowships, scholarships, studentships, bursaries, prizes and other awards for study and research;
(k)act as the highest instance of appeal of decisions made by the Senate and University Management Board;
(l)to ensure that the University complies with the Constitution, other relevant laws, regulations, governance practices, accounting and auditing standards; and
(m)perform any other functions as may be prescribed by the Act and the Statutes.

21. The Senate

(1)There shall be a Senate of the University which shall consist of—
(a)the Vice–Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Professors of the University;
(d)the Principals of Colleges;
(e)the Registrars;
(f)the Head of Quality Assurance;
(g)the University Librarian;
(h)the Deans of Schools;
(i)the Directors of Faculties, Schools or Institutes;
(j)the Dean of Students;
(k)the Chairpersons of Departments;
(l)two Faculty Representatives;
(m)the Chairperson and Secretary of the Student council; and
(n)any other persons which the Senate may co-opt from time to time as it may deem necessary.
(2)The Deputy Vice-Chancellor (Academic Affairs) shall be the Secretary to the Senate.
(3)The Senate shall—
(a)approve all syllabi and curricula of the University;
(b)recommend to the Council the establishment or abolition of academic programmes and titles of certificates, diplomas, degrees and other awards of the University;
(c)propose to the Council, regulations governing methods of assessing and examining the academic performance of students;
(d)regulate the conduct of examinations and approve all examination results;
(e)determine the procedures to be followed in the conferment of the degrees and other awards;
(f)ensure integrity and quality of learning at the University;
(g)approve candidates for conferment of degrees and other awards of the University;
(h)make regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards, and submit recommendations to the Council for approval;
(i)propose regulations and procedures for the conduct and discipline of students and make recommendations thereof to the Council;
(j)promote the professional and academic welfare of students and academic staff of the University;
(k)establish operational committees including the Library Committee, scholarship committee, disciplinary committee, curriculum and review committee, deans’ committee among others;
(l)recommend to the Council appropriate criteria for appointment and promotion of the academic staff of the University;
(m)determine general policy matters relating to the library, laboratory facilities, teaching technologies, workshops and such other services that are in its view necessary for the furtherance of the educational aims of the University and report to the Council;
(n)review the Statutes from time to time and to present recommendations thereon to the Council provided that all Statutes, shall be reviewed from time to time as deemed appropriate;
(o)establish, subject to the Charter, the Statutes and other regulations, establish committees consisting of such members of the Senate or any other persons as it may deem fit and may delegate any of its powers or duties to its Chairperson or to any of its committees;
(p)for good cause, withdraw from persons any degrees or other distinctions or titles conferred on them, and revoke any diplomas or certificates granted to them by the University and withdraw all privileges connected therewith; and
(q)exercise such other functions as are, or as may be conferred on the Senate by the Act the Charter or the Statutes; and to do such other acts as the Council shall authorize.

22. The Students Association

(1)There shall be an Association of Students of the University to be known as Management University of Africa Students Association which shall operate under the general direction of the Senate, as may be prescribed by the Statutes.
(2)The Students Association shall elect a student council in accordance with the provisions of section 41(1A) of the Act.
(3)The Students Council shall have the responsibilities set out in section 41 (2) of the Act.

23. The Alumni Association

(1)There shall be an Alumni Association of the University which shall consist of graduates of the University and such other persons as may be prescribed by the Statutes.
(2)The Alumni Association of the University shall be an interactive forum for the members specified under sub-paragraph (1) and in that respect—
(a)may participate in the process of appointment of the Chancellor within the provisions of the Act and the Statutes;
(b)shall have the right to meet and discuss any matter relating to the University and to transmit resolutions thereon to the Council and the Senate; and
(c)perform such other functions as may be prescribed in the Statutes and in the Alumni Constitution.

Part IV — MANAGEMENT OF THE UNIVERSITY

24. The University Management Board

(1)There shall be established a University Management Board as provided for in the Act and the Statutes.
(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, Directors of Institutes, Centres, and Programmes;
(d)the Registrars;
(e)the Head of Finance;
(f)the Head of Legal Office and University Corporation Secretary;
(g)the Head of Security;
(h)the Head of Quality Assurance;
(i)the Head of Information and Communication Technology;
(j)the Head of Human Resource; and
(k)any other senior officers of the University which the Board may co-opt from time to time as it may deem necessary.
(3)The Deputy Vice-Chancellor (Administration) shall be the Secretary.
(4)The University Management Board shall, in addition the responsibilities set out in section 35 (1) (c) of the Act—
(a)propose rules and regulations to the Council for the administration of the University;
(b)prepare master and strategic development plans and formulate development priorities, and submit proposals to the Council;
(c)formulate and monitor the effectiveness of the University’s financial management, control systems, regulations and strategy, and submit proposals and reports to the Council;
(d)authorize the initiation of legal proceedings or defend legal proceedings in the name of and on behalf of the University;
(e)establish university charges and fees after considering the recommendations of the Senate, on all fees payable to the University; and
(f)perform any other functions as may be prescribed by the Act and the Statutes.

25. The Vice-Chancellor

(1)There shall be a Vice-Chancellor who shall be appointed by the Council.
(2)The Vice-Chancellor shall be the Chief Executive Officer of the University and, in this regard shall—
(a)be the academic and administrative head of the University;
(b)have the overall responsibility for the direction, organization, development, administration and programmes of the University; and
(c)be the Chairperson of the Senate and the University Management Board.
(3)The Vice-Chancellor shall be appointed on such terms and conditions of service prescribed by the Statutes.

26. The Deputy Vice-Chancellors

(1)The Council shall appoint such Deputy Vice-Chancellors as shall be necessary to assist the Vice-Chancellor in discharging academic and administrative functions of the University.
(2)The Deputy Vice-Chancellors shall be appointed on such terms and conditions of service as prescribed by the Statutes.
(3)The Deputy Vice-Chancellors shall be responsible to the Vice-Chancellor.

27. The Principals of Colleges and Campuses

(1)There shall be Principals of Colleges and campuses appointed by the Council, as may be required.
(2)The duties, responsibilities and terms of office of the Principals of Colleges and Campuses shall be prescribed by the Statutes.
(3)The Principals of Colleges and Campuses shall be responsible to the Vice-Chancellor.

28. The Deans of Faculties, Schools and Institutes

(1)There shall be Deans appointed in accordance with the Statutes and who shall be responsible to the Deputy Vice-Chancellor (Academics Affairs).
(2)The duties, responsibilities and terms of office of the Deans shall be as prescribed by the Statutes.

29. 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 of one hundred and eighty calendar days.
(2)In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council shall appoint one of the Principals of Colleges within the University to perform the functions of the Vice-Chancellor during the incapacity for a maximum 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 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 of one hundred and eighty calendar days.
(4)In this paragraph “incapacity” means 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.

Part V — FINANCIAL PROVISIONS

30. Financial Management

(1)The provisions of section 51, 51A and 52 of the Act shall apply in the financial management of the University.
(2)Pursuant to the provisions of the Act, this Charter and as prescribed in the Statutes, the Council shall oversee proper utilization of the University finances.

31. Financial Year

(1)The financial year of the University shall be the period of twelve months commencing and ending as shall be prescribed in the Statutes.
(2)In the event of any variation in the financial year, and for the purposes of the transition from the old financial year to the new financial year, because of this variation, the transitional period, whether more or less than twelve months, shall be regarded as a financial year for the purposes of this Charter.
(3)The Vice-Chancellor shall submit a proposed Budget to the Council at least one month before the commencement of a financial year.
(4)The Vice-Chancellor shall submit quarterly financial reports to the Council within the financial year.

32. Sources of Funds

(1)The funds of the University shall include—
(a)tuition and other fees;
(b)research;
(c)donations and grants;
(d)endowments;
(e)gifts and trusts;
(f)investments;
(g)income from auxiliary activities such as training, consultancy, community projects; and
(h)other sources as the University may from time to time determine.

33. Annual Budget

(1)Before the commencement of the financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University for that year.
(2)The Vice-Chancellor shall submit a proposed budget to the Council at least one month before the commencement of the financial year.
(3)The proposed budget shall make provision for all the estimated expenditure of the University for the financial year concerned.
(4)The Annual budget shall be approved by the Council before the commencement of the financial year to which they relate.
(5)No expenditure shall be incurred for the purposes of the University except in accordance with the annual approved budget under subparagraph (4) or pursuant to an authorization by the Council.

34. Accounts and Audits

(1)The moneys of the University shall be paid into one of the accounts as specified in the Statutes.
(2)The University Management Board shall cause all proper books and records of account of the income, expenditure and assets of the University to be kept.
(3)A firm of external auditors appointed by the Council as prescribed in the Statutes shall audit the accounts' of the University.
(4)The University Management Board shall submit the accounts of the University to the external auditors within a period specified by the Statutes from the end of every Financial Year.
(5)Within a period specified by the Statutes, the external auditors shall report on the examination and audit of the accounts of the University to the Council.

Part VI – MISCELLANEOUS PROVISIONS

35. Instrument of Authority

(1)The instruments of authority for the University shall be the Seal, the Mace, and the Logo.
(2)The Common Seal of the University shall be kept under the custody of the Vice-Chancellor or as the Council may direct and shall be used only on the order or direction of the Council or the Vice-Chancellor.
(3)The Common Seal of the University shall be authenticated by the signature of the Chairperson of the Council or the Vice-Chancellor as authorized by the Council.
(4)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 Council or the Vice-Chancellor under this paragraph is presumed to be duly given, unless the contrary is proved.
(5)The Mace shall be the symbol of power and shall be stored, displayed, and used as shall be provided for in the Statutes.

36. Statutes

The Council shall make such Statutes and Regulations as it considers appropriate to regulate the affairs of the University.

37. Protection of Name

(1)Notwithstanding the provisions of any other written law, a public officer performing the functions relating to the registration of companies, business names, trust or societies shall not accept for the registration any name that includes the words “Management" and "University" together in any order, unless the application for registration is accompanied by the written consent of the Board of Trustees.
(2)A person shall not use the name of the University as established by this Charter for the purposes of advertisement, publication, business, trade or profession, without the written consent of the Council.
(3)Any person who, except with the written consent of the Council, uses the words “Management” 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, on conviction, be liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding three years, or to both.
(4)Notwithstanding the foregoing, nothing in this paragraph shall be construed as preventing the bona-fide use of the name of the University by staff, students and Alumni in pursuance of the functions of the University.

38. Variation, Transition and Revocation of the Charter

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

39. Transitional

(1)The members of the Council in office at the time of grant of this Charter shall continue to serve for the remainder of their term.
(2)The existing Council at the time of 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 Vice-Chancellor and the Deputy Vice-Chancellors of the University at the time of grant of this Charter, shall continue to discharge their responsibilities and exercise such powers as set out in the Act and this Charter with respect to the University for the remainder of their term.
(4)The Students of Management University of Africa pursuing diploma and certificate programmes at the time of grant of this Charter shall complete their courses and shall be granted diplomas and certificates of the University.
(5)The staff of the Management University of Africa at the time of grant of this Charter shall be deemed to have been appointed under this Charter.

40. Dissolution

Subject to the provisions of this Charter, in the event of winding up or the dissolution of the University, after satisfaction of all its debts and liabilities, the remainder of funds, assets or properties shall be vested in the Board of Trustees.
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History of this document

23 August 2024 this version
16 August 2024
Commenced