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The Open University of Kenya

Legal Notice 189 of 2024

The Open University of Kenya
Citation
Legal Notice 189 of 2024
Primary work
Universities Act
Date
20 December 2024
Language
English
Type
Legal Notice
Original enactment
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LAWS OF KENYA

UNIVERSITIES ACT

THE OPEN UNIVERSITY OF KENYA

LEGAL NOTICE 189 OF 2024

  • Published in Kenya Gazette Vol. CXXVI—No. 226 on 20 December 2024
  • Commenced on 29 November 2024

PREAMBLE

WHEREAS the Government of Kenya wishes to establish the Open University of Kenya, situated in Konza Technopolis, Machakos County, in the Republic of Kenya;AND WHEREAS, the said Open University of Kenya 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 the 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 Open University of Kenya are consistent with the provisions of section 24 of the Act and the advancement of university education in Kenya;AND WHEREAS the Commission for University Education is also satisfied that the Open University of Kenya has complied with the provisions of the Act;AND WHEREAS the Commission for University Education has submitted a draft Charter, the text whereof is annexed hereto, to the Cabinet Secretary for Education, on the said institution, and the Cabinet Secretary is satisfied that Open University of Kenya should be granted this Charter;AND WHEREAS the Cabinet Secretary for Education has submitted the Charter to me with recommendations thereon;AND WHEREAS Parliament has approved the establishment of the said Open University of Kenya in accordance with the requirements of the Universities Act;AND WHEREAS, I am satisfied that the granting of this Charter to Open University of Kenya 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 24(1)(b) of the Universities Act, 2012, I, William Samoei Ruto, President of the Republic of Kenya and Commander-in-Chief of the Kenya Defence Forces, grant the Charter annexed hereto to the Open University of Kenya.

Part I – PRELIMINARY

1. Short title

This Charter shall be cited as the Open University of Kenya Charter.

2. Interpretation

In this Charter, unless the context otherwise requires—“Act” means the Universities Act, (Cap. 210);“academic staff” means any person appointed to teach, train, do research or transfer technology at the University and any other employee designated as such by the University Council;“administrative staff” means employees of the University on administrative terms of service including Registrars, the Finance Officer, procurement officer, accountants, administrators and such other members of staff, not being engaged as academic members of staff, as the Council may from time to time determine;“Alumni” means any person who is a graduate or a former student of the University;“Alumni Association” means the organisation of all graduates and former students of the university as established under section 42 of the Universities Act;“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for university education;“Centre” means a learner support centre of the University established under paragraph 8 of this Charter;“Chairperson of the Council” means the Chairperson of the Council of the University as appointed in accordance with this Charter;“Chancellor” means the Chancellor of the University as appointed in accordance with the Act and this Charter;“Charter” means the Open University of Kenya Charter;“Commission” means the Commission of University Education established under section 4 of the Act;“Convocation” means the convocation of the University established under paragraph 20 of this Charter;“Council” means the Council of the University established under paragraph 14 of this Charter;“Dean” means the dean of a faculty appointed under the Statutes;“Deputy Vice-Chancellor” means a Deputy Vice-Chancellor appointed by the Council of the University under paragraph 16 of this Charter;“Director” means a person appointed by the Vice-Chancellor to be designated as a director in the University;“faculty" means a faculty of the University established under the Statutes;“fiscal ear” means the financial year of the University as provided for in paragraph 24 of this Charter;“graduate” means a person upon whom a degree of the University has been conferred or to whom a qualification of the University has been awarded as determined by the Senate;“Institute” means an institute of the University established under the Statutes;“Lecturer” means a member of the staff of the University who is, in terms of appointment, a professor, professor emeritus, adjunct professor, or an associate professor, senior lecturer, lecturer, assistant lecturer, tutorial fellow, teaching assistant, or a person who holds any other teaching or research post which the Council has recognized as a post having academic status in the University;“manager” means the person appointed by the Vice Chancellor to hold the office of a manager in the University;“non-academic staff” means any member of staff of the University that is not engaged as a teaching staff under their terms of appointment;“Registrar” means a Registrar of the University appointed under the Statutes;“School” means a School established by the Council in accordance with the Statutes of the University;“Senate” means the Senate of the University established under paragraph 17 of this Charter;“staff association” means an association of the staff recognized by the Council as being representatives of the staff of the University;“Statutes” means Statutes of the University made by the Council under this Charter;“student” means a person registered by the University for the purposes of receiving instructions in a particular area of study with a view to obtaining a qualification of the University or any other person who is determined by the Senate to be a student;“students’ association” means an association of students as established under section 41 of the Act;“University” means the Open University of Kenya as established under section 24(1)(b) of the Act;“University Management Board” means the University Management Board of the University provided by paragraph 18 of this Charter;“Vice-Chancellor” means the Vice Chancellor of the University appointed under paragraph 15 of this Charter.

Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

3. Establishment and Incorporation of the University

(1)There is hereby established a University to be known as Open University of Kenya.
(2)The University shall be a body corporate with perpetual succession and a common seal, and shall in its corporate name be capable of—
(a)suing and being sued;
(b)taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property;
(c)receiving, investing, borrowing and lending money;
(d)receiving bequests and gifts which shall be used for the purposes stated by the persons making such bequests and gifts; and
(e)doing or performing any such other things or acts which may be done by a body corporate, including entering into such contracts as may be necessary or expedient, for the furtherance of the provision of this Charter.

4. Vision

The innovative university for inclusive prosperity.

5. Mission

To provide affordable, flexible, quality learning experiences which enable individual acquisition of knowledge, skills and values in students’ chosen fields of study; nurture talents and create opportunities for innovative practices shaping learners into researchers, leaders, entrepreneurs and global citizens.

6. Philosophy

The Open University of Kenya is established to provide education to all, building on prior learning. Education is continuous and every person has a right to education. The University is committed to make education accessible to all who need it regardless of where they are. The Open University of Kenya breaks down boundaries and barriers to learning in all their forms through the use of technology to mitigate the effects of geographical, economic and social barriers. The University subscribes to the philosophy that quality education makes human beings equal.

7. Objects and Functions

(1)The objects of the University shall be to—
(a)advance and disseminate knowledge by teaching and research through open and distance means of courses and seminars and in other relevant ways;
(b)provide education of university and professional standards for its students and promote the educational well-being of the community generally;
(c)contribute towards the expansion of higher education learning opportunities in Kenya and across the globe;
(d)provide quality, transformative and inclusive education;
(e)provide a multi-level system of education, training and research 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;
(f)provide a platform for students to acquire knowledge, train and transform themselves;
(g)stimulate critical inquiry and thought and engage in innovation and commercialisation for the benefits of society;
(h)facilitate life-long learning through provision of adult and continuing education;
(i)advance knowledge and its practical application by research, innovation and other means;
(j)participate in technological innovation as well as in the discovery, preservation, transmission and enhancement of knowledge and to stimulate the intellectual life in the economic, social, cultural, scientific, and technological development;
(k)develop and offer new programmes of study including those that culminate to degrees, diplomas and certificates and in furtherance of that function—
(i)devise and implement new academic programmes;
(ii)conduct examinations for students;
(iii)appoint external examiners; and
(iv)approve examination results.
(l)determine the qualifications and eligibility of persons to be admitted to and pursue any course at certificate, diploma, undergraduate and graduate studies at the University;
(m)provide adequate equipment and facilities necessary for the provision of high quality and innovative education and undertake research and extracurricular activities;
(n)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; and
(o)establish academic partnerships and linkages with other universities, research institutions and industry.
(2)In discharging the objects referred to in subparagraph 7(1)—
(a)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 without distinction of race, ethnicity, place of origin or residence or other local connections, political opinion, colour, creed, age, physical ability or gender; and without discrimination based on methods of acquisition of prior learning and competences;
(b)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; and
(c)the University shall charge such fees or levy as may from time to time be approved by the Council from students admitted to the University for defraying expenses connected with their education.

8. Establishment of Learner Support Centres

(1)The Council may, on the advice of the Senate, establish learner support centres across the country to enhance accessibility, support to students, assessment, opportunity for lecturers to develop and record e-learning materials with a view to supporting the realisation of the Mission and Vision of the University.
(2)A Centre established under this paragraph shall not be a governance structure of the University but only seek to provide support to students.
(3)The Council shall make and where necessary amend guidelines and frameworks on operationalisation and running of the Centre from time to time on recommendation of the Senate.

9. Designation, Conferment, Granting, Cancellation and Withdrawal of Degrees, Diplomas and other awards

(1)The University shall have power to designate degrees, diplomas, certificates, and any other awards under such terms and conditions as stipulated in the Statutes.
(2)The University shall have power to confer degrees and award diplomas, certificates and any other awards under such terms and conditions as provided for in the Statutes.
(3)The University may, in accordance with such conditions as prescribed in the Statutes, confer an honorary degree to any person who has, in the opinion of the University Council, rendered distinguished service to 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 distinction.
(4)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.

10. Award of Scholarships

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

Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

11. Membership of the University

(1)The members of the University shall be—
(a)the Chancellor;
(b)the Chairperson of the Council;
(c)the members of the Council;
(d)the Vice-Chancellor;
(e)the Deputy Vice-Chancellors;
(f)Registrars;
(g)the University Librarian;
(h)the Chief Legal Officer;
(i)the Academic staff;
(j)administrative staff;
(k)non-academic staff;
(l)the students;
(m)the alumni;
(n)the convocation; and
(o)such other persons or any other body formally admitted into association with the University, as the Council may determine from time to time.
(2)The members of the University shall enjoy such rights and privileges as may be specified in the Statutes.

12. The Chancellor

(1)The President shall, unless he deems fit to appoint some other person, be the Chancellor of the University.
(2)The Chancellor shall—
(a)be the titular head of the University and shall in the name of the University, confer degrees and grant diplomas, certificates and other awards of the University;
(b)may from time to time, recommend to the Cabinet Secretary, a visitation of the University;
(c)may from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the university;
(d)enjoy such powers and privileges and perform such other functions as may be provided in the Statutes.

13. Chairperson of the Council

(1)There shall be a Chairperson of the Council of the University who shall be appointed by the President.
(2)The Chairperson of the Council shall hold office for a period of five years and shall be eligible for re-appointment for one further term.
(3)The functions of the Chancellor under paragraph 12(z) may in the absence or incapacity of the Chancellor be performed by the Chairperson of the Council for a period not exceeding three months.

14. The Council

(1)There shall be a Council of the University which shall be constituted as follows—
(a)the Chairperson of the Council;
(b)the Principal Secretary for the time being responsible for university education;
(c)the Principal Secretary for the time being responsible for finance;
(d)the Principal Secretary for the time being responsible for Information and Communication Technology;
(e)four other persons appointed by the Cabinet Secretary through an open process in accordance with the Act, ensuring that there are balanced competencies, gender equity, and the inclusion of stakeholders, persons with disabilities, the marginalized and other minority groups;
(f)the Vice-Chancellor, who shall be an ex-officio member; and
(g)provided that a person shall only qualify for appointment if the person meets the requirements stipulated under Chapter six of the Constitution of Kenya, on integrity and leadership.
(2)Subject to this paragraph, a member of the Council appointed under paragraph 14(e) shall hold office for a period of three years, is eligible for re-appointment for one further and final term.
(3)The office of a member of the Council shall become vacant—
(a)if, not being an ex-officio member, the member resigns from the office by notice in writing addressed to the Vice-Chancellor;
(b)if the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the functions of the office;
(c)if the member fails to attend three consecutive council meetings without authorization from the chairperson;
(d)if the member is adjudged bankrupt by a court of competent jurisdiction;
(e)if a member is found by a competent court of law to be guilty of a criminal offence or if the member contravenes the provisions of Chapter Six of the Constitution of Kenya; and
(f)upon the death of the member.
(4)Where the office of a member of the Council becomes vacant, the Vice-Chancellor shall notify the vacancy to the Cabinet Secretary within fourteen days of the vacancy.
(5)The procedure, conduct and regulation of the affairs of the Council shall be determined in accordance with the Act, 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 the Act, the Council shall be the governing body of the University.
(8)The Council shall perform the following duties and shall have the following powers—
(a)administer 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;
(b)mobilise resources for the University;
(c)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;
(d)make Statutes for gazettement in accordance with the Act, for the governance, control and administration of the University, however the Council shall not make, amend, or revoke any Statutes governing privileges or terms and conditions of service of the officers or offices established in the University without first ascertaining the opinion of Senate;
(e)make appointments authorised by the Act and Statutes and to determine the Terms and Conditions of Service for all staff of the University;
(f)subject to the Act and Statutes, to determine the methods of recruitment, appointment and promotion of all staff of the University;
(g)provide for the welfare of the staff and students of the University;
(h)after consultation with the Senate, make regulations governing the conduct and discipline of the students of the University;
(i)after consultation with the University Management Board, make regulations governing the recruitment, promotion, conduct and discipline of the staff of the University;
(j)determine, on recommendations of the Senate, all fees payable to the University;
(k)approve the annual budget of the University;
(l)subject to the laid down government procedures approve sale, purchase, exchange, lease, or take on, lease moveable and immovable property on behalf of the University;
(m)subject to the laid down government procedures, 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 moveable and immovable property or otherwise as the Council may deem fit;
(n)subject to the laid down government procedures, approve the investment of any money belonging to the University including any unutilised income, in such stock, funds, fully paid shares or securities as Council may from time to time deem fit, in accordance with the general law for the investment of trust moneys or in the purchase of freehold or leasehold properties, including rents and subject to the Act with the powers of varying such investment from time to time by sale or re-investment or otherwise;
(o)on the recommendation of the Senate provide in accordance with the Statutes, for the creation of new divisions, faculties, schools, institutes, departments, centres or other bodies of learning, research and production in the University, whether formed by the sub-division of any one or more than one of any such new body or otherwise, and for the abolition from time to time of any such body, and to approve the establishment, abolition or subdivision of any such body however so described;
(p)approve regulations governing the conduct and discipline of the students of the University;
(q)after consultations with the University Management Board approve regulations governing the recruitment, conduct and discipline of the staff of the University;
(r)recommend the person to be appointed as the Vice Chancellor;
(s)monitor and evaluate the implementation of strategies, policies, and the management criteria and plans of the University;
(t)constantly review the viability and financial sustainability of the University, and shall do so once every year;
(u)ensure that the University complies with all the relevant laws, regulations, governance practices, accounting and auditing standards;
(v)perform such other duties as may be contained in the Statutes and may have such other powers as contained in the Act.
(9)The University Council may delegate to any of its committee or to any member, office employee, the exercise of some of its functions or duties set out in this Charter or other written law.

15. Vice-Chancellor

(1)There shall be a Vice-Chancellor of the University who shall be appointed as provided for in the Act.
(2)The Vice-Chancellor shall be the chief executive of the University and shall—
(a)be the academic and administrative head of the University;
(b)have overall responsibility for the direction, organisation, administration and programmes of the University; and
(c)have such other responsibilities and duties as may be provided for by this Charter, the Statutes and the instrument of engagement.
(3)The Vice-Chancellor shall hold office for a period of five years and may, subject to satisfactory performance, be eligible for re-appointment for a further term of five years.
(4)Where a Vice-Chancellor intends to seek a second term, at least six months to the expiry of the five-year contract, the Vice-Chancellor shall, apply to the Chairperson of the Council to consider renewing the contract.
(5)The Council shall, within two months of receipt of the application, evaluate the performance of the Vice-Chancellor and, if satisfied, recommend to the Cabinet Secretary for re-appointment for a final term of five years.

16. The Deputy Vice-Chancellors

(1)The Council shall appoint two or more Deputy Vice-Chancellors in accordance with this Charter, the Act and the Statutes.
(2)A Deputy Vice-Chancellor shall, under the general authority of the Vice-Chancellor, exercise such powers and perform such duties as may be provided for by the Statutes.
(3)A Deputy Vice-Chancellor shall hold office for a period of five years and shall be eligible for re-appointment for a further term of five years.
(4)Where a Deputy Vice-Chancellor intends to seek a second term, the Deputy Vice-Chancellor shall, at least six months to the expiry of the five-year contract, apply to the Chairperson of the Council to consider renewing the contract.
(5)The Council shall, within two months of receipt of the application, evaluate the performance of the Deputy Vice-Chancellor and, if satisfied, recommend to the Cabinet Secretary for re-appointment for a final term of five years.

17. Senate

(1)There shall be a Senate of the University, as provided for in the Statutes, which shall be in responsible for academic matters of the University and whose membership shall be—
(a)the Vice Chancellor, who shall be the Chairperson;
(b)the Deputy Vice Chancellors;
(c)the Deans of Schools or Faculties;
(d)the Chairpersons of the teaching departments of the University;
(e)one representative of each of the school boards or faculty boards nominated by that board from among its members;
(f)the professors of the University;
(g)the Dean of Students;
(h)the University Librarian;
(i)the Registrars (Academic Affairs);
(j)the Registrars;
(k)the Director Information and Communication Technology;
(l)the Chief Legal Officer;
(m)two representatives of the students’ organisation; and
(n)any other members as may be provided for in the Statutes.
(2)In addition to the above, the membership of the Senate shall include such other persons as Senate may determine or require to be in attendance from time to time.
(3)The Deputy Vice-Chancellor (Academic Affairs) shall be the Secretary to the Senate.
(4)The Senate shall have the following powers and duties—
(a)to satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University;
(b)to propose Statutes to be approved by the Council regarding the eligibility of persons for admission to degree, diploma and certificate programmes;
(c)to propose Statutes to be approved by the Council regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificate or other awards of the University;
(d)to decide which persons have attained such standard of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other awards of the University;
(e)to initiate proposals relating to the conduct of the University’s academic affairs generally and to make representation thereon to the Council;
(f)to recommend to the Council the establishment, or abolition or harmonisation of Schools, Faculties, Institutes, Units, Departments, and Centres as the Senate may determine from time to time;
(g)to set the dates for academic year and to determine the schedule of academic programmes;
(h)to regulate the conduct of examinations;
(i)to approve the examination results;
(j)to make regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards;
(k)to develop, implement and promote quality assurance systems and structures in all University operations;
(l)to approve progression of students from one level to another including exit, re-entry and termination of studentships;
(m)to receive proposals from various boards of faculties, institutes and schools, and to consider their recommendations and make appropriate decisions;
(n)to review Statutes from time to time and to present recommendations thereon to the Council provided that all Statutes shall be reviewed at least once every five years;
(o)to approve admissions, credit and inter or intra school transfers;
(p)to determine procedures to be followed in the award of certificates, diplomas and conferment of degrees and other awards;
(q)to promote research and innovation within the University;
(r)to promote the welfare of students and staff within the University;
(s)to propose regulations and procedures for the discipline, welfare and mentorship of students for the approval of Council;
(t)oversee the discipline, mentorship and social wellness and psychosocial support of students;
(u)determine the general policy matters relating to library, technological infrastructure, instructional designs, learning modules, learning management system, electronic laboratories, student support facilities and requisite academic services considered necessary for furtherance of the academic objectives of the University;
(v)promote cooperation and linkages with other Universities, industry and other relevant institutions;
(w)recommend to the Council, the criteria for promotion and appointment of academic staff;
(x)determine the design of academic dress and prescribe its use; and
(y)to make regulations governing such other matters as are within its powers in accordance with this Charter and the Statutes.
(5)The Senate shall exercise such other powers as may be conferred to it by the Act, Statutes or by the regulations and to do such other acts as the Council may authorise.
(6)Notwithstanding any of the provision of this Charter, the Council shall not initiate any action in respect of paragraph (4)(n), except upon receipt of a report or without further reference to the Senate.

18. The University Management Board

(1)There shall be a University Management Board which shall be responsible for the implementation of the University policies as provided for in this Charter and the Statutes, and whose membership shall be—
(a)the Vice-Chancellor, who shall be the Chairperson;
(b)the Deputy Vice-Chancellors;
(c)the Registrars;
(d)the Finance Officer;
(e)the Director Information and Communication Technology;
(f)the Dean of Students;
(g)the University Librarian;
(h)the Chief Legal Officer; and
(i)any other members as may be provided for in the Statutes.
(2)The Chairperson of the University Management Board may invite other officers to attend a meeting of the University Management Board when specific matters pertaining to their departments are being discussed and such officers shall be in attendance and not eligible to vote.
(3)The Registrar (Administration and Planning) shall be the Secretary to the University Management Board.
(4)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)encouraging the rationalization and efficiency of University services;
(b)coordinating and controlling the development, planning, management and administration of the University and its resources in accordance with approved policies, rules and regulations;
(c)setting the terms and conditions for the appointment of internal and external examiners;
(d)submitting proposals to the Council concerning annual budgets, development priorities, staff development plans, terms and conditions of service, fund raising strategies, student welfare, public relations policies, academic partnerships and linkages with other universities, collaborations with industry, as well as any policies and any matters related to the development, management and administration of the University;
(e)authorizing the initiation of legal proceedings or defend or compromise legal proceedings in the name of and on behalf of the university;
(f)advising the Council on the management and administration affairs of the University;
(g)proposing to the Council rules and regulations for the administration of the University and for the execution of its programmes and plans;
(h)establishing any University charges and fees;
(i)matters related to the management of the University as maybe prescribed by the Statutes; and
(j)performing any other duties related to the management of the University as may be assigned by the University Council from time to time.

19. The Staff of the University

(1)The Academic staff of the University shall consist of—
(a)the Vice-Chancellor;
(b)the Deputy Vice-Chancellors;
(c)the Deans of the University;
(d)the University Librarian; and
(e)all members of staff who are engaged in teaching and research.
(2)The non-academic staff of the University shall consist of such other members of staff engaged in general administration as the Council may, from time to time determine including the staff of the University engaged in laboratory, field instruction, workshops and such similar environs in the teaching departments and the staff engaged in general duties as the Council may from time to time determine.
(3)The 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 service 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 entity.
(4)The Council may, subject to such restrictions as it may impose, delegate, either generally or specially, to any person, committee, or body, the power to appoint any member of the staff of the University;
(5)The members of staff of the University shall—
(a)be subject to the general authority of the Council and of the Vice-Chancellor; and
(b)be deemed to be employed in accordance with the Statutes or as otherwise specifically provided by the Statutes or by the terms of a particular appointment.

20. The Convocation

(1)There shall be Convocation of the University which shall consist of graduates of the University and such other persons as may be prescribed by the Statutes.
(2)The Convocation shall have the right to meet and discuss any matter relating to the University and transmit resolutions thereon to the Council and the Senate, and may exercise such other functions as the Statutes may prescribe.

21. The Alumni Association

(1)There shall be an Alumni Association of the University which shall consist of all persons whose names appear on the Alumni Association register, to be compiled and kept by the Secretary of the Association and such other members as may be prescribed in the Statutes.
(2)The functions and powers of the Alumni Association shall be prescribed in the Statutes.

22. The Students’ Association

(1)There shall be a Students’ Association established as per the Act, this Charter and the Statutes.
(2)The Student’s Association shall elect a Students’ Council, and not more than one–third of the Council shall be of the same gender where applicable.
(3)The functions of the Students’ Council 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 well-being of students; and
(d)undertake such other functions as provided in its governance instrument as approved by the Council.

23. Performance of Functions During Incapacity of the of Office Holder

(1)In the event of the incapacity of the Vice-Chancellor, the Council shall appoint one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the period of incapacity for a maximum period of one hundred and eighty calendar days.
(2)In the event of the incapacity of one of the Deputy Vice-Chancellors, the Council may appoint one of the other Deputy Vice-Chancellors, or a Dean of Faculty to perform the functions of the Deputy Vice-Chancellor during the incapacity for a maximum period of one hundred and eighty calendar days.
(3)In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council may appoint one of the Deans of Faculties to perform the functions of the Vice-Chancellor during the incapacity for a maximum period of one hundred and eighty calendar days.
(4)the event of the simultaneous incapacity of the Vice-Chancellor, the Deputy Vice-Chancellors, and the Deans of Faculties, the Council shall appoint a member of the academic staff at the level of professor to perform the functions of the Vice-Chancellor during the incapacity for a maximum period of one hundred and eighty calendar days.
(5)In the event of the incapacity of any member of staff of the University other than the Vice-Chancellor and Deputy Vice-Chancellors, the Vice-Chancellor may appoint a suitable person to perform the functions of the said officer during the incapacity for a maximum period of one hundred and eighty calendar days.
(6)In this paragraph, “incapacity” means inability for any reason to perform the functions of the office concerned or as may be provided for in the Act, the Charter and the Statutes and whereupon at expiry of the above prescribed period, the position shall fall vacant and the process of filling up the position as provided for in the Act, Statutes, and or regulations shall commence.

Part IV – FINANCIAL PROVISIONS

24. Financial Year

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

25. Investments of Funds

(1)The Council may invest any of the funds of the University in securities, treasury bonds, trust funds or if any other securities which the National Treasury may, from time to time, approve.
(2)The Council may place on deposit with such banks as it may determine any moneys not immediately required for the purposes of the University.

26. Annual Estimates

(1)Before the commencement of a fiscal year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University for that year.
(2)The annual estimates shall make provisions 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 but 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 funding of the cost of teaching, research and outreach activities of the University;
(f)development purposes; and
(g)the creation of such funds to meet future or contingent liabilities in respect of retiring benefits insurance or replacement of building or equipment and in respect of such other matters as the Council may deem fit.
(3)Annual estimates shall be approved by the Council before the commencement of the fiscal year to which they relate, and shall be submitted to the Cabinet Secretary for approval, and after the Cabinet Secretary has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary.
(4)No expenditure shall be incurred for the purpose of the University except in accordance with the annual estimates approved under subparagraph (3) or in pursuance of an authorisation of the Council given with the prior approval of the Cabinet Secretary.

27. Accounts and Audit

(1)The Council shall cause to be kept proper books of accounts of the income, expenditure and assets of the University.
(2)Within a period of three months from the end of each fiscal year, the Council shall submit to the Auditor-General, the accounts of the University together with—
(a)a statement of income and expenditure during that year; and
(b)a statement of the assets and liabilities of the University on the last day of that year.
(3)The accounts of the University shall be audited by the Auditor General.
(4)The Auditor-General, shall submit to the Council the report of examination and audit of accounts, within a period specified in the Statutes.

Part V – MISCELLANEOUS PROVISIONS

28. Instruments of Governance

(1)The University shall conspicuously display all its instruments of governance.
(2)Where any instrument is revoked under this Charter, the University shall, within fourteen days of such revocation, return the original instrument of governance to the Commission subject to the provisions of this Charter.

29. Instruments of Authority

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

30. The Common Seal

(1)The common seal of the University shall be kept in such custody and used only as the Council shall direct.
(2)The common seal of the University shall be authenticated by the signatures of the Vice Chancellor together with any other person duly authorised by the Council.
(3)The common seal of the University when affixed to any document and duly authenticated shall be judicially and officially 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.
(4)All documents required by law to be under Seal, made on behalf of the Council and all decisions of the Council shall be under hand of the Chairperson, the Vice Chancellor or any other member of the Council duly authorised by the Council on its behalf.
(5)The Mace shall be kept in such custody as the Council may direct.
(6)The Mace shall be used as specified in the Statutes.
(7)No person, body, authority or organisation performing any function related to administration, registration of companies, business, trade, advertisement, calling, profession, use the common seal and logo of the Open University of Kenya except with the consent of the Council or authorised representative of the Council.

31. The Statutes

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

32. Protection of Name

(1)Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes the words, “The Open University of Kenya” together in any order, unless the application for the registration is accompanied by the written consent of the Council.
(2)Any person who except with the written consent of the Council, uses the words “The Open” together with the words “University of Kenya” together in any order and in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall prosecuted as per the provisions of the relevant laws of the republic of Kenya.
(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 the person of a degree, diploma or certificate by the University.

33. Variation and Revocation of this Charter

This Charter may be varied, amended or revoked in accordance with the provisions of the Act.
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20 December 2024 this version
29 November 2024
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