SUPPLEMENT NO 75 - as Plain Text by MWakili

SPECIAL ISSUE 1053 Kenya Gazette Supplement No.

75 1st October, 2010 (Legislative Supplement No.

46) LEGAL NOTICE NO.

163 THE MOI UNIVERSITY ACT (Cap.

210A) IN EXERCISE of the powers conferred by section 5 of the Moi University Act.

I, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, make the following Order KARATINA UNIVERSITY COLLEGE ORDER, 2010 1.

This Order may be cited as the Karatina University College Citation.

Order, 2009.

In this Order, unless the context otherwise requires Interpretation.

Academic board means the Academic Board of the University College established under paragraph 1; Alumni association means the alumni association of the University College established under paragraph 15; Chancellor means the Chancellor of the University Council means the Council of the University College established under paragraph 11; Deputy Principal means the Deputy Principal appointed by the Council of the University College under paragraph 9; Faculty means a faculty of the University College established under the statute; Financial year means the financial year of the University College as provided for under paragraph 1; Graduate means a person upon whom a degree has been conferred in accordance with paragraph 5; Incapacity means inability to perform functions of the office concerned; Institute means an institute of the University College established by the statutes; lecturer means a member of the staff of the University College who is, in terms of appointment, a professor, an associate professor, senior lecturer, lecturer, assistant lecturer, or tutorial fellow or a person who holds any other teaching post which the Council on the recommendation of the senate has recognized as a post having academic status in the University College; 1054 Kenya Subsidiary Legislation, 2010 Management Board means the Management Board of the University College established under paragraph 14; Librarian means the person appointed to be the librarian of the University College; Minister means the Minister for the time being responsible for University Education; Principal means the Principal of the University College appointed under paragraph 8; Professor means a full Professor of the University College; Registrar means the registrar appointed by the Council; School means a school of the University College established under the statutes; Senate means the senate of the University; Staff association means an association of the staff recognized by Council as being an association representative of the staff of the University College; Statutes means Statutes of the University College made by the Council under this Order under paragraph 23; Student means a person registered by the University College for the purposes of obtaining a qualification of the University College or any other person who is determined by the Academic Board to be a student; Student organization means an association of the students recognized by the Council being an organization representative of the students of the University College; University College means the Karatina University College established under paragraph 1; University means Moi University established under section 3 of the Act; and Vice-Chancellor means the Vice-Chancellor of the University appointed under section 10 of the Act.

ESTABLISHMENT OF POWERS AND FUNCTIONS OF THE UNIVERSITY COLLEGE 3.

(1) There is hereby established a university college to be Establishment of the known as the Karatina University College which shall be a constituent university college.

college of Moi University.

(2) The University College shall be a body corporate with perpetual succession and common seal, and shall in its corporate name be capable of (a) suing and being sued; (b) taking, possessing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Kenya Subsidiary Legislation, 2010 1055 (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 Order which may be lawfully done by a body corporate.

(2) The University College shall be the successor to Moi University Chepkoilel Campus (4) All rights, liabilities and assets held by or by any body on behalf of the Moi University Karatina Campus, existing at the commencement of this Order, shall be automatically and fully transferred to the University College 4.

(1) The objects and functions of the University College shall Functions and be objects of University College.

(a) to provide directly, or in collaboration with other institutions of higher learning, facilities for university education (including technological, scientific and professional education), the integration of teaching, research and effective application of knowledge and skills to the life, work and welfare of the citizens of Kenya; (b) to participate in the discovery, transmission and preservation and enhancement of knowledge and to stimulate the intellectual life in the economic, social, cultural, scientific and technological development of Kenya; (c) to provide and advance university education and training to appropriately qualified candidates, leading to the conferment of degrees and award of diplomas and certificates and such other qualifications as the Council and the Senate shall from time to time determine and in so doing, contribute to manpower needs; (d) to conduct examinations for such academic awards as may be provided in the statutes pertaining to the University College; and (e) to examine and make proposals for new faculties, schools, institutes, departments, resource and research centres, degree courses and subjects of study; (f) play a leading role in the development and expansion of the opportunities for higher education and research; (g) develop as an institution of excellence in teaching, training, scholarship, entrepreneurship, innovation, research and consultancy services; (h) participate in commercial ventures and other activities to the benefit of the institution, the community and stakeholders; (i) develop and provide educational, cultural, professional, technical and vocational services to the community and in 1056 Kenya Subsidiary Legislation, 2010 particular foster corporate social responsibility and the practical arts; (j) provide programmes, products and services in ways that reflect the principles of equity and social justice; (k) facilitate student mobility between different programmes at different training institutions, universities and industry; (l) foster the general welfare of all staff and students (2) Admission to the University College as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Academic Board in accordance with this Order and the Act 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 of their holding any office therein, nor shall any preference be given to, or advantage withheld from any person on the grounds of any such distinction.

5.

(1) The degrees and Postgraduate diplomas to be awarded by Conference of the University College shall be the degrees and postgraduate diplomas degrees.

conferred by Moi University.

(2) Notwithstanding subparagraph (1), the University College shall have powers to grant diplomas, certificates, or other academic qualifications which may, for the time being, be authorized by the statutes of the University College 6.

Subject to this Order, the University College may award Award of scholarships, bursaries and prizes and make other awards which may be scholarships, bursaries, etc.

provided for by the statutes PART IIIMEMBERSHIP AND THE GOVERNMENT OF THE UNIVERSITY COLLEGE 7.

The members of the University College shall be Membership of the University.

(a) the Chancellor of Moi University; (b) the Vice-Chancellor of the Moi University; (c) the Principal; (d) the Deputy Principals; (e) the members of the Council; (f) the members of the Academic Board; (g) the Librarian of the University College; (h) the Professors of the University College; (i) the Lecturers of the University College; (j) the Registrars; (k) the Finance Officer; Kenya Subsidiary Legislation, 2010 1057 (l) the Dean of students; (m) the Director of ICT services; (n) the students of the University College; (o) the Alumni; and (p) such other members of staff of the University College or any other body formally admitted into association with the University College, as the Council may from time to time determine 8.

(1) There shall be a Principal of the University College who Membership of the shall be appointed by the Minister on the recommendation of the University.

Council.

(2) The Principal shall be the Chief Executive of the University College and shall (a) be the academic and administrative head of the University College (b) have overall responsibility of the direction, organization, administration and programmes of the University College; and (c) be responsible to the Council for the general conduct and discipline of the staff and students (d) have such powers and duties as may be provided by the Statutes (3) The Principal shall hold office upon such terms and for such period as may be provided by the Statutes and upon expiration of that period shall be eligible for reappointment for one further term.

(4) Notwithstanding sub-paragraph (1), the Chancellor may appoint the first Principal on the recommendation of the Council of Moi University and the person so appointed shall be deemed to be the Principal appointed under sub-paragraph (1) 9.

(1) The Council shall, in consultation with the Chancellor, The Deputy competitively appoint Deputy Principals, to be responsible for Principals.

academic affairs, administration, finance, planning, research and extension services, who shall, under thegeneral direction of the Principal, exercise such powers and perform such duties as may be provided by the Statutes.

(2) A Deputy Principal shall hold office upon such terms and for such period as may be provided by the Statutes and upon expiration of that period shall be eligible for re-appointment for one further term.

10.

(1) The Council shall, on advice of the Principal, appoint for Deans, Directors each Faculty, School, Institute, Centre, or Department, a Dean, Director and Heads if Faculties, etc.

or a Chairperson who shall be the academic head of Faculty School Institute Centre or Department and shall, under the general direction of the Principal, have such powers and duties as may be provided by 1058 Kenya Subsidiary Legislation, 2010 statutes.

(2) A person appointed as Dean, Director or Chairperson shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period shall be eligible for re- appointment.

11.

(1) There shall be a Council of the University College which The Council.

shall consist of (a) the Chairman, and Vice-Chairman and both of whom shall be appointed by the President; (b) the Vice-Chancellor Moi University; (c) the Principal; (d) the Deputy Principals; (e) the Permanent Secretary of the Ministry for the time being responsible for university education; (f) the Permanent Secretary of the Ministry for the time being responsible for finance; (g) two persons being a member of the Academic Board; (h) one person appointed by the Minister to represent Professional Associations; (i) two persons appointed by the Minister to represent special interests; (j) one person nominated by the Alumini Association from among its members; (k) two person nominated by one Academic Staff and the other by the non-academic staff; (l) a representative of the student organization; (m) not more than two persons co-opted by the Council.

(2) The Principal shall be the Secretary to the Council (3) Subject to paragraph (4), a member of the Council, other than an ex-officio member, shall hold office for a period of three years, but shall be eligible for re-appointment (4) The office of a member of the Council shall become vacant (a) if, not being an ex-officio member, he resigns his office by writing under his hand addressed to the Principal; (b) if the Council is satisfied that the member is, by reasons of physical or mental infirmity, unable to exercise the functions of his office; (c) upon his death.

Kenya Subsidiary Legislation, 2010 1059 (5) Where the office of a member of the Council becomes vacant, the Principal shall forthwith notify the vacancy to the appropriate appointing authority.

(6) The procedure, conduct and regulation of the affairs of the Council shall be determined by the Council.

(7) The Council shall exercise prudent leadership, innovative enterprise, and good judgment in directing the University College and shall always act in the best interest of the University College.

12.

(1) Subject to this Order, the Council shall be the governing Functions of the body of the University College through which the University College Council.

as a body corporate shall act and (a) shall administer the property and funds of the University College in a manner and for the purposes which shall promote the best interest of the University College; but the Council shall not charge or dispose of immovable property of the University College except in accordance with procedures laid down by the Government of Kenya.

(b) shall receive, on behalf of the University College, donations, endowments, gifts, grants or other moneys and make disbursements there from to the University College or other bodies or persons.

(c) shall approve the appointment criteria and the terms and conditions of service of staff; (d) shall provide for the welfare of the staff and students of the University College.

(e) 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 (f) shall, after consultation with the Academic Board, make regulations governing the conduct and discipline of the students of the University College.

(2) All documents, other than those required by law to be under seal, made on behalf of the Council, and all decisions of the Council may be signified under the hand of the Chairman, the Principal or any other members of the Council generally or specifically authorized by the Council in that behalf.

(3) The Council shall ensure that a proper management structure is in place and make sure that the structure functions to maintain corporate integrity, reputation and responsibility.

(4) The Council shall monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University College.

1060 Kenya Subsidiary Legislation, 2010 (5) The Council shall constantly review the viability and financial sustainability of the University College and shall do so once every year (6) The Council shall ensure that the University College complies with all the relevant laws, regulations, governance practices accounting and auditing standards 13.

(1) There shall be an Academic Board of the University The Academic College which shall consist of Board.

(a) the Principal who shall be the Chairman; (b) the Deputy Principals; (c) the Deans of the Faculties, and Directors of Schools, Institutes and Centres; (d) the Heads of the teaching Departments of the University College; (e) the Registrar in charge of Academic Affairs; (f) the Librarian; (g) the Dean of students; (h) the Director of ICT services; (i) the Professors of the University College; (j) one representative of each of the Faculty or School Boards appointed by the respective Boards from among its members; and (k) two members elected by the students organization, who shall not be entitled to attend deliberations of the Academic Board on matters which are considered by the Chairman of the Academic Board to be confidential and which relate to examinations, the general discipline of students, and other related matters.

(2) The Deputy Principal for the time being in charge of academics shall be the Secretary to the Academic Board (3) The Academic Board 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 College and to report its findings thereon to the Senate; (b) to propose regulations for considerations by the Senate regarding the eligibility of persons for admission to a course of study; (c) to propose regulations for consideration by the Senate regarding the standard of proficiency to be gained in each Kenya Subsidiary Legislation, 2010 1061 examination for a degree, diploma, certificate or other award of the University College; (d) to decide 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 College and to report its decision thereon to the Senate; and (e) to make regulations governing such other matters as are within its powers in accordance with this Order or the Statutes; (f) to make proposals relating to the conduct of the University College generally and to discuss any matters relating to the University College and to make representation thereon to the Council.

(4) Notwithstanding any of the provision of this Order, the Senate shall not initiate any action in respect of paragraph (a), (b), (c), or (d) of subparagraph (2) except upon receipt of a report or proposal thereunder and the Senate shall not reject any such report, or reject or amend any regulations as proposed without further reference to the Academic Board.

14.

(1) There shall be established a Management Board made up Management Board.

of the following persons (a) the Principal who shall be the chairman; (b) the Deputy Principals; (c) the Registrar in charge of administration, who shall be the Secretary; (d) the Registrar in charge of academic affairs; (e) the Finance Officer; and (f) such other member of senior management as the Council may determine.

(2) The Management Board shall assist the Principal in the day to day management of the University College and shall, in this respect, be responsible for (a) the efficient management of the human, physical, and financial resources of the University College; (b) making proposals to the Council and the Academic Board on policies that have application across the entire institution; (c) the coordination of the University College strategic and development plans; and (d) any other matters related to the management of the University College; 15.

(1) There shall be an Alumni Association of the University Alumni Association.

College which shall consist of graduates of the University College and 1062 Kenya Subsidiary Legislation, 2010 such other persons as may be prescribed by the Statutes.

(2) The Alumni Association shall have the right to meet and discuss any matter relating to the University College and transmit resolutions thereon to the Council, the Academic Board, or the Senate and may exercise such other functions as the Statutes may prescribe.

16.

(1) The staff of Moi University Karatina Campus existing Staff of the prior to the commencement of this Order including those on University College.

secondment are eligible for employment by the University College subject to appraisal by the Council in accordance with the Statutes.

(2) The Academic Staff of the University College shall consist of the Principal, the Deputy Principals, the librarian and all members of staff who are engaged in teaching and research.

(3) The Senior Management Staff of the University College shall consist of the Principal, the Deputy Principals, and the Deans of Schools and Directors of Institutes and such other members of staff as the Council may from time to time determine.

(4) The Administrative Staff of the University College shall consist of the Registrars, the Finance Officer and such other members of staff, not being engaged in teaching or research, as the Council may, from time to time, determine.

(5) The Technical Staff of the University College 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 the teaching departments, and as the Council may from time to time, determine.

(6) The Support Staff of the University College shall consist of hose staff engaged in general duties and as the Council may from time to time determine.

(7) All members of staff of the University College shall, subject to this Order, 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 College from the service of another institution, the Government or any other pubic service, on terms and conditions agreed upon between the Council and the seconding body.

(8) 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 staff of the University College.

(9) All members of staff of the University College shall Kenya Subsidiary Legislation, 2010 1063 (a) be subject to the general authority of the Council and of the Principal; 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.

17.

(1) In the event of the incapacity of the Principal, the Performance of Chairman of the Council may appoint one of the Deputy Principals to functions in absence of office holder.

carry out the functions of the Principal during the period of incapacity.

(2) In the event of the simultaneous incapacity of the Principal and the Deputy Principals, the chairman of the Council may appoint any member of the academic staff of the University College to perform the functions of the Principal during the incapacity.

(3) In the event of the incapacity of a member of staff of the University College other than the Principal and Deputy Principals, the Principal may appoint a suitable person to perform the functions of the said officer during the incapacity.

(4) In this paragraph incapacity means absence from Kenya of inability for any other reason to perform the functions of the office concerned.

PART IVFINANCIAL PROVISIONS 18.

The financial year of the University College shall be the Financial year.

period of twelve months commencing on the 1st July and ending on 30th June in the following year.

19 (1) The Council may invest any of the funds of the University Investment of funds.

College in securities, treasury bonds, trust funds or in any other securities which the 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 purpose of the University College 20.

(1) Before the commencement of a financial year, the Annual estimates.

Council shall cause to be prepared estimates of the revenue and expenditure of the University College for that year.

(2) The annual estimates shall make provisions for all the estimated expenditure of the University College for the financial year concerned, and in particular shall provide (a) for the payment of the salaries, allowances and other charges in respect of the staff of the University College (b) for the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University College (c) for the proper maintenance of the building and grounds of the University College 1064 Kenya Subsidiary Legislation, 2010 (d) for the proper maintenance, repair and replacement of equipment and other movable property of the University College.

(e) for the funding of the cost of teaching, research and outreach activities of the University College.

(f) for the creation of such funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit.

(3) In drawing its annual estimates and developments plans, the University College shall consult with the Council of Moi University and the Government agency responsible for university grants.

(4) Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the Minister for approval, and after the Minister has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Minister.

(5) No expenditure shall be incurred for the purpose of the University College except in accordance with the annual estimates approved under subparagraph (4) or in pursuance of an authorization of the Council give with the prior approval of the Minister 21.

(1) The Council shall cause to be kept all proper books of Accounts and audit.

accounts of the income, expenditure and assets and of the University College.

(2) Within a period of three months from the end of each financial year, the Council shall submit to the Controller and Auditor- General, the accounts of the University College together with (a) a statement of income and expenditure during that year and; (b) a statement of the assets and liabilities of the University College on the last day of that year.

(3) The accounts of the University College shall be audited by Act No.

12 of 2003.

the controller and auditor general in accordance with the Public Audit Act, 2003.

(4) The Controller and Auditor-General may transmit to the Act No.

12 of 2003.

Minister a special report on any matters incidental to his powers under this Order, and section 24 (3) and (4) of the Public Audit Act, 2003 shall apply to any report made under this paragraph.

PART VMISCELLANEOUS 22.

(1) The common seal of the University College shall be kept Common seal and in such custody and used only as the Council shall direct.

signification of documents.

(2) The common seal of the University College shall be authenticated by the signatures of the Principal together with any other person duly authorized by the Council.

Kenya Subsidiary Legislation, 2010 1065 (3) The common seal of the University College 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 authorization of the Council under this paragraph shall be presumed to have been duly given.

23.

(1) In the performance of its functions under this Order, the Statutes.

Council shall, subject to this Order, make statutes generally for the government, control and administration of the University College and for the better carrying into effect of the purposes of this Order, and in particular for the (a) establishment of faculties, schools and institutes of the university college (b) description of degrees, diplomas, certificates, and other academic qualifications (c) requirement for conferment of degrees and awarded of diplomas, certificates and other academic qualifications (d) 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 the staff of the University College; (g) constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and (h) providing for or prescribing anything, which, under this Order, may be provided for or prescribed by statutes (2) Notwithstanding subparagraph (1), the Council shall not make, amend or revoke any statutes relating to the functions and privileges of the Principal or Academic Board without first ascertaining the opinion of the Academic Board.

(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 fourths of the members present and voting, being not less than two- thirds of the total membership of the Council.

(4) Statutes or regulations made by the Council under this Order shall be published in the Gazette but sections 27, 31(e) and 34 of the Interpretation and General Provisions Act shall not apply to the statutes or to the regulations 24.

(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 word Karatina University together with word College unless the application for the registration is 1066 Kenya Subsidiary Legislation, 2010 accompanied by the written consent of the Council.

(2) Any person who except with the written consent of the Council, uses the words Karatina University together with the word College 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 to a fine of one million shilling and imprisonment for a term not exceeding twelve months.

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 College The status accorded to the University College by this Order as a constituent college of the Moi University shall be transitional only and the university shall initiate the necessary administrative and legal measures to ensure that the University College becomes a fully fledged university Made on the 2nd September, 2010.

MWAI KIBAKI, President.

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