ADVOKS GLOBAL · KENYA
Kenyan legislation
Charter for Kenya Medical Research Institute, 2026
Edition: 2025-07-21 · In force
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SCHEDULE
PREAMBLE
WHEREAS the Government of Kenya, realizing the need to build capacity in the highly specialized strategic area of research for human health, wishes to establish the Kenya Medical Research Institute situated in Nairobi City County in the Republic of Kenya as a specialized degree-awarding Research Institute;AND WHEREAS, under section 24 of the Universities Act, the President may establish a specialized degree-awarding or research institution whose mandate shall be of strategic national importance;AND WHEREAS, the Government of Kenya declared the Kenya Medical Research Institute as an Institution of Strategic National Importance, critical for biosecurity, biodefense, bio surveillance, epidemic intelligence, and national health security;AND WHEREAS the Kenya Medical Research Institute has applied to the Commission for University Education, for the grant of Charter and provide for the establishment, control, governance, and administration of the Kenya Medical Research Institute and for connected purposes, in the manner provided in the Universities Act;AND WHEREAS the Commission for University Education has visited and inspected the Kenya Medical Research Institute and is satisfied that the objects of the Kenya Medical Research Institute are consistent with the provisions of section 24 of the Universities Act and the advancement of University Education in Kenya;AND WHEREAS the Commission for University Education is also satisfied that the Kenya Medical Research Institute 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 Kenya Medical Research Institute, and the Cabinet Secretary is satisfied that the Kenya Medical Research Institute should be granted the Charter;AND WHEREAS the Cabinet Secretary for Education has submitted this Charter to me with recommendations thereon;AND WHEREAS I am satisfied that granting the Kenya Medical Research Institute a Charter will be of strategic national importance in capacity building in the highly specialized area of research for human health and to provide for the effective conduct, co-ordination and promotion of research for human health in Kenya and for connected purposes;NOW WHEREFORE, by these presents, be it known in exercise of the powers conferred upon me by section 24(1)(a) of the Universities Act, I, William Samoei Ruto, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, grant this Charter annexed hereto to Kenya Medical Research Institute.Part I – PRELIMINARY PROVISIONS
1. Citation
This Charter shall be cited as the Kenya Medical Research Institute Charter.2. Interpretation
In this Charter, unless the context otherwise requires—"academic and research staff" means a person appointed to teach, train or conduct research at the Institute and any other employee designated as such by the Governing Board;"academic year" means a continuous period of teaching, examination, and study organized in a full year mode, semester mode, trimester mode, and quarter mode and extending over not less than thirty weeks in a calendar year;"Act" means the Universities Act (Cap. 210);"Alumni" means any person who is a graduate, a former student of the Institute and such other persons as the Board may determine;"Alumni Association" means the organization of all graduates of the Institute and such other persons as may be declared by the Statutes;"biobank" means a specialized institution or repository that collect, store and manage biological materials;"biological material" means living organisms or any substance derived from living organisms including human tissues, blood, genetic material, cells, microorganisms, toxins and other materials for use in scientific and medical research;"Board" means the Governing Board of the Institute established under paragraph 15;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for university education;"Chancellor" means the Chancellor of the Institute appointed under paragraph 13;"Charter" means a Charter granted to a research institution under section 24(1)(a) of the Act;"Commission" means the Commission for University Education established by section 4 of the Act;"Convocation" means the Convocation of the Institute constituted pursuant to paragraph 71;"critical national health security infrastructure" means essential facilities, systems, technologies, and specialized workforce that the country must maintain to safely and effectively conduct research that improves public health and protects the public from health threats;"faculty" means the academic staff of the Institute who teach and do research in any program of the Institute;"research data banks" means specialized facilities that are either physical, digital, or hybrid, that collect, store, manage, analyze, and safeguard data used in health and biomedical research;"health security" means the systems, policies, capacities, actions, and arrangements required to prevent, detect, respond to, and recover from biological threats, public health emergencies, epidemics, pandemics, bioterrorism events and other hazards that pose risks to human health, national stability, and the security of the country;"human health" means a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity;"incubation centre" means a transitory and facilitative platform that gives innovators technical assistance, infrastructure, access to inventors and investors and networking that may encourage and scale-up inventions;"intellectual property" means any new or useful process, machine, composition of matter, life form, article of manufacture, software, copyrighted work and know-how and information associated with the above. It includes but is not restricted to such things as new or improved devices, circuit layouts, chemical compounds, drugs, genetically engineered biological organisms, data sets, databases, software or unique and innovative uses of existing inventions;"Institute" means the Kenya Medical Research Institute established under paragraph 3;"public health emergency" means the occurrence or imminent threat of an illness or health condition caused by bioterrorism, epidemic or pandemic disease or an infectious agent or toxin that causes substantial risks to humans by causing a significant number of human fatalities or permanent or long-term disability;"Research and Academic Board" means the Research and Academic Board established under paragraph 18;"research for human health" includes systematic investigation, experimentation, exploration, examination and evaluation for purposes of decision-policy-development, policy-development and practice in human health and includes clinical trials;"regulatory sandbox" means a framework managed by regulators that encourages innovation by allowing researchers and companies to test new products, services, and business models within a monitored "safe space" where regulatory requirements may be relaxed or modified;"schools" means schools of the Institute established by the Statutes;"specialized laboratory" means a purpose-built facility that supports advanced scientific investigations, requiring specialized equipment, technical expertise, and regulatory oversight beyond routine laboratory functions aimed at understanding diseases, developing diagnostics, producing vaccines, strengthening surveillance, and improving overall public health;"Statutes" means the Statutes of the Institute made pursuant to paragraph 67;"student association" means an association of students recognized by the Board as being an organization representative of the students of the Institute and as provided by paragraph 19;"student" means a person enrolled by the Institute to pursue an academic programme, receive instructions in a particular area of study and obtain a qualification or any other person who the Research and Academic Board may determine to be a student;"variable pay" means additional pay to employees; and"Vice-Chancellor" means the Vice Chancellor of the Institute appointed under paragraph 17.Part II – ESTABLISHMENT AND FUNCTIONS OF THE INSTITUTE
3. Establishment of the Institute
(1)There is established an Institute to be known as Kenya Medical Research Institute, which shall be a health research institution with specialized degree awarding status in accordance with section 24(1)(a) of the Act.(2)The Institute shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—(b)purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property;(c)receiving bequests and gifts for the furtherance of the objects and functions of the Institute;(d)entering into contracts;(e)performing any such functions or acts as may be necessary or expedient, for the proper performance and furtherance of the provision of this Charter, which may lawfully be done by a body corporate; and(f)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 lawfully be done by a body corporate.(3)The headquarters of the Institute shall be in Nairobi.(4)Notwithstanding the provisions of subparagraph (3), the Institute may establish such faculties, departments, regional offices of the Institute for research and academia and specialized centres of excellence within the country.(5)The Institute shall be the successor of the Kenya Medical Research Institute established under the Kenya Medical Research Institute Order (Sub. Leg).(6)The overall management of the Institute in regard to this Charter shall be vested in the ministry for time being responsible for matters related to health in collaboration with the ministry responsible for matters related to university education.4. Vision
The vision of the Institute is to be a global leader in research for human health.5. Mission
The mission of the Institute is to improve the quality of human health through research, innovation, capacity development, and service delivery.6. Philosophy
(1)The philosophy of the Institute is to—(a)be dedicated to advancing human health through research and academic excellence, innovation and strong collaboration and partnerships;(b)foster innovation, research and academic leadership, integrity, generate intellectual property and transform research into solutions that improve quality of human health; and(c)generate impactful knowledge that drives progress towards improving human health and society by collaborating with local and global partners and nurturing transformational leaders and mentors.7. Functions of the Institute
The Institute shall—(a)conduct research for human health;(b)provide specialized postgraduate education, research and training in health sciences and related disciplines;(c)conduct examinations and confer postgraduate degrees in health sciences, and related disciplines;(d)collaborate with other institutions, entities and bodies in research, training, innovation for health, health security and health service provision, and related matters;(e)undertake scientific and technological invention, innovation, and product development for human health and service delivery;(f)establish and operationalize incubation and innovation centres to translate research outcomes into health products, technologies, and solutions;(g)establish and maintain institutional infrastructure, systems, and platforms to support research, innovation, postgraduate training and medical services;(h)establish and maintain critical infrastructure for national health security to enhance resilience for health security;(i)establish biosecurity structures, for the prevention, detection, and response to biological threats and public health risks;(j)establish such mechanisms for providing independent expert guidance on the Institute's scientific and academic work and related matters;(k)support continuous national surveillance, preparedness, and response to public health emergencies including research, innovation and drug repurposing;(l)establish and maintain biosafety and biosecurity systems to prevent misuse of biological research, ensure responsible science, and protect public health and national security;(m)formulate national human health research agenda for purposes of identifying health research programmes and priorities;(n)provide specialized laboratory, diagnostic, and clinical services in support of research, training, surveillance, outbreak response and healthcare delivery(o)provide scientific, technical and security support services to the Government on matters relating to health security, biosecurity and bioterrorism;(p)manage biological materials and data in accordance with ethical, scientific, and regulatory requirements;(q)establish and oversee an integrated scientific, ethical, and regulatory review mechanisms to ensure integrity, compliance, and quality in research;(r)establish and coordinate a regulatory sandbox for research for human health to support emerging science and technology and inform the regulatory frameworks of the resulting innovations;(s)develop, apply for, and hold rights in intellectual property, and enter into agreements or arrangements for their protection and commercial exploitation;(t)mobilize resources and establish endowment, investment, and enterprise funds, including public–private partnerships and commercialization of intellectual property and innovative products;(u)offer specialized medical, clinical, and diagnostic services through facilities such as a research and teaching hospitals for translational research and advanced healthcare;(v)establish and maintain national health research data centres to support data access, security knowledge management, and evidence-based policy application;(w)advise the National Government and county governments on matters relating to research for human health, biosecurity, biodefence bioterrorism, emergency preparedness and capacity building for human health; an(x)perform any other functions as may be specified by Statutes.8. Admission of students to the Institute
(1)Admission of students to the Institute for specialized training, including postgraduate degrees or other awards, shall be open to persons accepted as being qualified in accordance with the admission criteria specified in the Statutes.(2)The Institute shall charge such fees as the Board may, from time to time, approve.9. Establishment of regional offices
(1)The Board may, on the recommendation of the Research and Academic Board, and on the advice of the Commission, establish such regional offices within the country as it may be considered necessary for the effective discharge of the functions of the Institute.(2)The regional officers established under subparagraph (1) shall consist of such centres, units or stations as may be specified in the Statutes.(3)The infrastructure established under this paragraph shall consist of such units or sections as may be provided for in the Statutes.10. Conferment, granting, cancellation and withdrawal of specialized degrees and other awards
(1)Subject to this Charter, the Institute may—(a)confer specialized postgraduate degrees, or other awards as may be provided for by the Statutes; and(b)confer honorary degrees or any other academic recognition upon a person who has rendered distinguished service to the advancement of any branch of learning or who has otherwise rendered distinguished service in any field of human health, worthy of such a degree or academic distinction as provided for in the statutes.(2)Subject to this Charter, the Board may, on the recommendation of the Research and Academic Board, cancel or withdraw such degrees, including honorary degrees or any other awards as may be provided in the Statutes.11. Award of scholarships
Subject to this Charter, the Institute may award scholarships, fellowships, bursaries, prizes and other awards which may be provided for by the Statutes.Part III – MEMBERSHIP AND MANAGEMENT OF THE INSTITUTE
12. Membership of the Institute
(1)The members of the Institute shall be—(d)the Deputy Vice-Chancellors;(e)Directors of Directorates;(f)the Deputy Directors of Administrative Departments;(h)Head of Legal Services or the Corporation Secretary;(i)the Chief Finance Officer;(j)the Director of Medical Services of the Institute;(k)the Staff of the Institute;(l)the Research and Academic Staff of the Institute;(m)the Principal Librarian;(p)the Alumni Association;(r)such other members of staff of the Institute or any other body formally admitted into association with the Institute as the Board may from time to time determine.(2)The members of the Institute shall enjoy such rights and privileges as may be specified in the Statutes.13. Chancellor
(1)The President shall be the Chancellor of the Institute.(2)The Chancellor—(a)be the titular head of the Institute and shall, in the name of the Institute, confer degrees and other awards of the Institute(b)may, from time to time recommend for a visitation of the Institute(c)may, from time to time direct or give advice to the Board which the Chancellor considers necessary for the betterment of the Institute; and(d)shall enjoy such powers and privileges and perform such other functions as may be provided in the Statutes.(3)The functions of the Chancellor under paragraph (2)(a) may, in the absence of the Chancellor, be performed by the Chairperson of the Board.14. The Chairperson of the Board
(1)There shall be a Chairperson of the Board who shall be appointed by the President.(2)A person is qualified for appointment as a Chairperson of the Board if that person—(a)holds an earned Doctorate degree from a university recognized in Kenya;(b)has fifteen years' experience in a health-related field, ten of which shall be in senior management level; and(c)meets the requirements of Chapter Six of the Constitution.15. The Board
(1)There shall be a Board of the Institute which shall the governing body of the Institute.(2)The Board shall consist—(a)the Chairperson appointed under paragraph 14;(b)the Principal Secretary in the ministry for the time being responsible for education or a designated representative;(c)the Principal Secretary in the ministry for the time being responsible for health or a designated representative;(d)the Principal Secretary in the ministry for the time being responsible for finance or a designated representative;(e)the Chief Executive Officer of the Council of Governors or a designated representative;(f)three members, not being public officers, appointed by the Cabinet Secretary for the time being responsible for matters related to Health, of whom—(i)two shall be research scientists at level of Professors with knowledge and experience in specialized fields essential to the Institute's National Security mandate, including, genomics, bio-surveillance, vaccine science, biodefense, emerging infectious diseases or health security and related disciplines; and(ii)one person from the public or the private sector with proven entrepreneurial or resource mobilization skills;(g)two members, not being public officers, appointed by the Cabinet Secretary for the time being responsible for matters related to Education, of whom—(i)one shall have experience in finance management; and(ii)one shall be a distinguished professional with experience in university management;(h)the Vice-Chancellor, who shall be an ex officio member; and(i)the Corporation Secretary who shall be the secretary to the Board.(3)A person qualifies to be appointed as a member of the Board under subparagraph (h) if that person—(a)is a holder of an earned Doctor of Philosophy degree from a university recognized in Kenya;(b)has ten years' experience in the respective fields; and(c)meets the requirements of Chapter Six of the Constitution.(4)A person qualifies to be appointed a member of the Board under subparagraph (2)(g) i & ii, if that person—(a)is a holder of a master's degree from a university recognized in Kenya;(b)has ten years' experience in the respective fields; and(c)meets the requirements of Chapter Six of the Constitution.(5)The Corporation Secretary shall be recruited through an open competitive recruitment process.(6)A person qualifies for appointment as the Corporation Secretary if that person—(a)holds a bachelor's degree in law from a university recognized in Kenya;(b)is an Advocate of the High Court of Kenya with over twelve years' experience;(c)is a Certified Secretary; and(d)is a member in good standing of the Institute of Certified Secretaries of Kenya;(7)The Chairperson and members of the Board, other than an ex officio member, shall hold office for a period of three years and shall be eligible for re-appointment for one further term.(8)The office of a member of the Board shall become vacant if the member—(a)not being an ex-officio member, resigns from office by notice in writing addressed to the appointing authority;(b)is unable to exercise the functions of the office by reasons of physical or mental infirmity;(c)is adjudged bankrupt by a court of competent jurisdiction or enters into composition or scheme or arrangement for the benefit of creditors;(d)is adjudged or declared by any court of competent jurisdiction or tribunal to be of unsound mind;(e)is convicted of an offence by a court of competent jurisdiction and sentenced to imprisonment for a term exceeding six months;(f)is guilty of gross misconduct; or(9)Where the office of a member of the Board becomes vacant, the Vice Chancellor shall, within fourteen days, notify the vacancy to appointing authority.16. Functions of the Board
1.The Board shall—(a)provide strategic direction of the Institute;(b)approve the Statutes of the Institute and cause them to be published in the Gazette;(c)approve policies of the Institute;(d)appoint staff and approve terms and conditions of service for staff of the Institute;(e)approve remuneration and benefits of staff including variable pay on such terms and conditions as the Statutes may specify;(f)determine the provision to be made for capital and recurrent expenditure and for the reserve of the institute;(g)administer assets and resources in such manner, and for such purpose as best promotes the interest of the Institute;(h)approve and oversee implementation of reports from the Research and Academic Board and the Management Board;(i)determine, after considering the recommendations of the Research and Academic Board, all fees payable to the Institute;(j)on the recommendation of the Research and Academic Board, provide in accordance with the Statutes, for the creation of new divisions, faculties, schools, departments, Centres, or other bodies of learning, research & innovation, entrepreneurship and production in the Institute;(k)confer after receiving a report from the Research and Academic Board the title of Emeritus Professor, Visiting Professor, Honorary Professor, Honorary Lecturer and Honorary Fellow;(l)approve the investment of funds of the Institute in accordance with the applicable laws;(m)approve, subject to the laid down government procedures, the sale, purchase, exchange, lease, or take on, lease movable and immovables property on behalf of the Institute;(n)approve, subject to the laid down government procedures, the borrowing of money on behalf of the Institute; and for that purpose and subject to the Act, to mortgage or charge all or any part of the property unless the conditions of the property so held provide otherwise, and to give such other security whether upon movable and immovables property or otherwise as the Board may deem fit;(o)receive, on behalf of the Institute, donations, endowments, gifts, grants or other moneys and make legitimate disbursements wherefrom;(p)approve the constitution of the students' association;(q)approve the organization structure of the Institute;(r)approve, on the recommendation of the Research and Academic Board, fellowships, scholarships, prizes, and other awards;(s)provide for the welfare of staff and students of the Institute;(t)enter into association, partnership, collaboration or linkages with other bodies or organizations within or outside Kenya as the Institute may consider desirable or appropriate and in furtherance of the purpose for which the Institute is established;(u)ensure that the Institute complies with the Constitution, other relevant laws, regulations, governance practices, accounting and auditing standards;(v)monitor and evaluate institutional performance;(w)ensure effective communication and stakeholder engagement;(x)open a bank account or accounts for the funds of the Institute;(y)collaborate with ministries, departments, agencies and county governments in furtherance of the Institutes' objective;(z)to ensure that the Institute complies with the Constitution, other relevant laws, regulations, governance practices, accounting and auditing standards; and(aa)perform any other functions necessary for the achievement of the objects of the Institute.(2)The procedure, conduct and regulation of the business and affairs of the Board shall be determined in accordance to the Act, this Charter and the Statutes.(3)Without prejudice to the provisions of subparagraph (2), the Board may regulate its own procedure.(4)The Board shall ensure that a proper management structure is in place and make sure that the structure functions to maintain corporate integrity, reputation and responsibility.(5)The Board may establish Committees for the effective performance of its functions under this Charter.(6)The Board may delegate the exercise of some of its functions or duties set out in this Charter or other written law to the Vice Chancellor, a Committee, a member or an employee of the Institute provided that the Board shall not delegate its principal mandate.17. The Vice-Chancellor
(1)There shall be a Vice-Chancellor of the Institute who shall be the Chief Executive Officer of the Institute.(2)The Vice-Chancellor shall be appointed by the Chancellor on the advice of the Board upon such terms and conditions of service as the Board shall determine.(3)The Vice-Chancellor shall be the accounting officer of the Institute and shall be responsible to the Board for the overall research, academic and administrative management of the Institute.(4)A person qualifies for appointment as the Vice-Chancellor of the Institute if that person—(a)holds an earned Doctorate degree in health, biomedical sciences or related disciplines, from a university recognized in Kenya;(c)has ten years of relevant post-doctoral work experience in senior management level; and(d)meets the requirements of Chapter Six of the Constitution.(5)The Vice-Chancellor shall—(a)be the research, academic and administrative head of the Institute;(b)have the overall responsibility for the direction, organization, development, administration, and programmes of the Institute;(c)be the Chairperson of the Management Board, Research and Academic Board;(d)be responsible to the Board for the general conduct, discipline and welfare of the students and staff of the Institute; and(e)be responsible to the Board for academic, research, health security and other programmes of the Institute.(6)The Vice-Chancellor shall be appointed upon such terms and conditions of service as shall be specified in the appointment instrument, the Regulations or the Statutes.(7)The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term.(8)The process of filing a vacancy in the office of the Vice-Chancellor shall be provided in the Statutes.18. The Research and Academic Board
(1)There shall be a Research and Academic Board of the Institute which shall be responsible for all research and academic matters of the Institute.(2)The Research and Academic Board shall consist—(a)the Vice Chancellor, who shall be the Chairperson;(b)the Directors of Directorates;(c)the Deputy Directors of Programmes, Research and Academic Departments;(e)the Principal Librarian;(g)Professors of the Institute;(h)the Deputy Director, Quality Assurance;(i)the Head of Scientific and Ethics Review Unit;(k)two student representatives elected by the student organisation;(l)two Faculty representatives; and(m)other members as the Board may determine from time to time.(3)The Director responsible for Academic and Student Affairs shall be the Secretary to the Research and Academic Board.(4)The Research and Academic Board shall—(a)ensure maintenance of research and academic standards;(b)develop and review the research and training agenda in line with national and global priorities;(c)approve curricula, syllabi, and delivery modes;(d)regulate all matters relating to admission of students, conduct of examinations, and academic awards;(e)determine which persons have attained prescribed standard of proficiency of degree or other awards;(f)recommend to the Board conferment of honorary degrees and distinctions;(g)promote interdisciplinary research, innovation, and translation of output into policy;(h)develop systems for research ethics, quality assurance, and integrity;(i)promote mobilization of resources with stakeholders;(j)develop policies for appointment and promotion of research and academic staff;(k)promote collaboration with universities, research institutions, and industry;(l)establish mechanisms for research and academic staff and student welfare;(m)recommend to the Board approval of fellowships, scholarships, and research grants;(n)monitor and evaluate the performance of research and academic programmes;(o)recommend policies for intellectual property, publication, and technology transfer;(p)recommend establishment or harmonization of Colleges, Faculties, Schools, and Departments;(q)setting dates of the academic year;(r)developing quality assurance systems;(s)recommending criteria for appointment and promotion of research and academic staff;(t)review the Statutes from time to time and to present recommendations thereon to the Board provided that all Statutes shall be reviewed at least once every five years;(u)propose regulations and procedures for the discipline of students and make recommendations thereof to the Board;(v)propose regulations and procedures for the discipline of students and make recommendations thereof to the Board;(w)propose Statutes to be approved by the Board;(x)discontinue a student from a programme of study on academic grounds; and(y)perform any other function to advance the academic and research mandate of the Institute.(5)The Research and Academic Board shall exercise such other powers as may be conferred by the Act, the Statutes, or by the regulations, and to do such other acts as the Board shall authorize.(6)Notwithstanding any of the provisions of this Charter, the Board shall not initiate any action in respect of academic matters except upon receipt of a report or proposal, and the Board shall not reject any such report, or reject or amend any regulations as proposed without further reference to the Research and Academic Board.(7)The Research and Academic Board may establish such Committees as may be deemed necessary.19. Students' Association
There shall be a students' association which shall be established in accordance with the Act, this Charter and the Statutes.20. Alumni Association
(1)There shall be an Alumni Association which shall consist of all persons whose names appear on the Alumni Association membership register, to be compiled and kept by the Secretary of the Association, and such members as may be prescribed in the Statutes.(2)The functions and powers of the Alumni Association shall be as specified in the Statutes.Part IV – MANAGEMENT OF THE INSTITUTE
21. Management Board
(1)There shall be an Institute Management Board whose membership shall consist—(a)the Vice Chancellor, who shall be the Chairperson;(b)the Directors of Directorates;(c)the Deputy Director of Procurement;(d)the Deputy Director of Human Resource Management;(e)the Deputy Directors of Finance and Accounts;(f)the Deputy Directors of Quality Assurance;(h)the Principal Librarian; and(i)other officers who may be co-opted by the Board.(2)The Director Corporate Services shall be the Secretary of the Management Board.(3)The Management Board shall—(a)implement decisions and policies approved by the Board;(b)assist the Vice Chancellor in the day-to-day management and administration of operations, finances, and human resources of the Institute;(c)prepare annual budgets, work plans, and performance reports for submission to the Board;(d)develop and monitor implementation of strategic, master, and operational plans;(e)ensure efficient utilization of resources and adherence to procurement and financial regulations;(f)coordinate activities across directorates, research centres, departments and schools;(g)recommend policies, procedures, and internal regulations to the Board;(h)oversee performance management, monitoring, and evaluation.(i)promote staff development, mentorship, and institutional culture;(j)manage risk, safety, and compliance systems;(k)facilitate communication and stakeholder engagement; and(l)perform any other functions assigned by the Board.(4)The Institute Management Board shall develop its own procedures of conduct of its meetings.22. The Directors of Directorates
(1)There shall be such Directors of the Institute who shall be appointed by the Board on such terms and conditions in accordance with the Statutes or Policies, and who shall be under the general authority of the Vice Chancellor(2)The Directors of Directorates shall exercise such powers and perform such duties as may be provided in the Statutes.23. The Heads of Regional Offices
(1)There shall be Heads of Regional Offices who shall be appointed by the Board.(2)The Heads of Regional Offices shall be the research, academic and administrative heads of their respective regions.24. Staff of the Institute
(1)The staff of the Institute shall consist of research, academic, technical, administrative and support staff.(2)The Research and Academic staff shall consist of research, teaching, supervision, mentorship, and related responsibilities at the Institute.(3)The technical staff of the Institute shall consist of staff engaged in hospitals, clinics, laboratory, field instruction, workshops, extension and such similar environment in the research and teaching and service departments under the general direction of the respective heads of the departments, and as Board may, from time to time determine.(4)The administrative staff of the Institute shall consist of members of staff engaging in administrative services within the Institute as specified in the Statutes.(5)The support staff of the Institute shall consist of the staff engaged in general duties, as the Board may determine from time to time.(6)All members of staff of the Institute shall, subject to this Charter, be appointed in the manner and upon such terms and conditions of the service prescribed in their instrument of engagement.(7)In the case of a person seconded to the Institute from another institution, the Government, or any other public service, such person shall be engaged on terms and conditions agreed upon with the Board.(8)The members of staff of the Institute shall—(a)be subject to the general authority of the Vice Chancellor; and(b)be deemed to be employed in accordance with the Statutes or otherwise specifically provided by the Statutes or by the terms of a particular appointment.Part V – CONDUCT OF RESEARCH FOR HUMAN HEALTH AND INNOVATION
25. Research for human health
(1)The Institute shall conduct research related to human health including but not limited to—(a)public health research;(c)traditional and alternative medicine research;(d)clinical, applied and social science research;(e)biodefence research; and(f)any other relevant fields related to the promotion, protection, and advancement of human health.(2)The research specified under subparagraph (1) may be—(b)investigator initiated;(c)collaborative or team based; or(d)in any other manner as may be deemed necessary to address national priorities.(3)The research shall be conducted in the manner as may be provided in the Statutes, Policies of the Institute and with due regard to global best practices.26. Research priorities and agenda
(1)The Institute shall formulate a national human health research priority for purposes of identifying health research programmes and priorities in accordance with the national and international health research priorities.(2)The research priorities and agenda shall be specified in the Statutes.27. Initiation of research
The Institute may initiate research through—(a)an investigator-initiated initiative;(b)a program-based initiative;(c)collaboration with local and international partners;(d)a contract with various legal entities governed by the relevant regulatory frameworks;(e)secondary research in accordance with the relevant policies, guidelines and laws; or(f)any other initiative as the Board may from time to time determine.(g)the modalities of initiating and conducting the research shall be as may be prescribed by the Statutes.28. Ethical considerations
(1)The Institute shall uphold ethical standards and shall conduct research that—(a)is scientifically valid;(b)is socially valuable; and(c)protects the rights and welfare of research participants.(2)The Institute shall, in conduct research in accordance with the guiding principles including—(a)respect for research participants including upholding data privacy principles in accordance with the Data Protection Act (Cap. 411C);(b)maximization of benefits and minimization of potential harms or risks to research participants and communities;(c)fairness and equitability to research participants;(d)scientific validity in conducting research;(e)independent review to ensure the research meets ethical standards;(f)respect for vulnerable research participants and communities;(g)community engagement; and(h)transparency and accountability in the research processes, methods, findings and dissemination.(3)Without prejudice to the generality of subparagraph (2), the Institute shall in the case of—(a)human participants ensure—(i)respect of persons and communities through provision for the making of informed consent whether voluntary or informed participation;(ii)minimize research risks by ensuring that research procedures do no harm;(iii)maximize the benefit of research-to-research participants or the community; and(b)animal subjects ensure—(i)methods to minimize pain and distress are specified;(ii)where applicable, a strong justification is made for not using proper drugs to alleviate pain and distress; and(iii)where applicable, the method of euthanasia is specified.(4)A research scientist shall, in conducting research, comply with the institutional, national and international regulations and treaties and as may be provided by the Statutes.29. Establishment of the Scientific and Ethics Review Unit
(1)There is established the Scientific and Ethics Review Unit within the Institute.(2)The Unit shall comprise of multidisciplinary committees whose membership shall be drawn from within the Institute and other relevant stakeholders.(3)The Unit shall—(a)develop, review and implement policies, regulations, standards and procedures for scientific conduct and research ethics;(b)ensure adherence to and compliance with set international and local standards for scientific conduct and research ethics;(c)ensure that all research proposals adhere to scientific and ethical principles that are fundamental to the conduct of research involving human participants;(d)review and approve research proposals;(e)monitor approved research protocols to ensure adherence to scientific and ethical principles;(f)provide and facilitate training in research methodology and ethics towards building capacity for researchers and committee members;(g)review and approve the import and export of biological materials and related material transfer agreements in accordance with applicable laws and ethical standards; an(h)ensure adherence to animal use policies, ethics and regulations in the use of animals for research.30. Membership to the Scientific and Ethics Review Unit committees
(1)The members of the Scientific and Ethics Review Unit Committees shall be appointed by the Vice Chancellor.(2)Each Committee of the Unit shall comprise at least eight members and a maximum of twenty members with varying expertise and possessing the professional competence necessary to promote comprehensive scientific and ethical review of research initiatives at the Institute.(3)The core membership of each Committee of the Unit shall include at a minimum—(a)at least two clinicians;(b)at least two non-clinician scientists;(c)at least one legal expert;(d)at least one theologian, sociologist or ethicist;(e)at least one biostatistician or epidemiologist;(f)at least one community representative; and(g)a representative of the National Referral and Teaching Hospitals or a university ethics review committees.(4)The appointment of additional members to the Scientific and Ethics Review Unit Committees—(a)shall reflect the other specialties required; and(b)may give consideration to community representation.(5)The Scientific and Ethics Review Unit Committees shall conduct its business as may be prescribed by the Statutes and without due control or directions of any other person or authority.31. Code of conduct for members of staff
The Institute shall develop a code of conduct for research for human health.32. Engagement in research
The Institute shall engage the community where the research involves the community.33. Research Data
(1)A researcher shall collect data for purposes of obtaining knowledge or information required to answer an identified research issue.(2)The data collected shall be strategic research data and as such shall be classified as Sovereign National safeguarded under law to support—(b)public health monitoring;(c)innovation and biotechnology;(d)emergency response; and(3)The use, storage, transfer and general management of such data shall adhere to the highest national cyber-security standards and other enabling legislation.(4)Data shall be collected from—(f)any other human health research-related materials.(5)The sources of data collected under subparagraph (4) shall include—(a)primary data categories collected through experiment, questionnaire, observation or interview; or(b)secondary data categories collected through literature survey, official and unofficial reports or library resources.(6)The researcher shall, in processing data collected, adhere to the relevant laws and guidelines.34. Quality assurance in research
(1)The Institute shall formulate comprehensive quality assurance plans specific to research studies, where applicable, for ensuring the integrity, reliability and validity of research outcomes.(2)The internal quality assurance shall include regular monitoring, review and audit of research activities.(3)The external quality assurance shall be conducted periodically by independent entities including regulatory agencies or accreditation bodies.(4)The Institute shall from time to time engage peer review expert panels to provide guidance on best practice on matters of research for human health.35. Management of research data
The Institute shall, in managing research data—(a)collect and store human health research digital and non-digital data in accordance with the relevant laws;(b)organize and document data to ensure traceability and facilitate subsequent analysis and interpretation;(c)ensure data validation and quality assurance to mitigate errors for accuracy and completeness; and(d)restrict access to authorized persons with strict protocols in place to safeguard against unauthorized access or disclosure.36. Data management, analysis and dissemination
(1)The Institute shall ensure suitable management and analysis of data and interpretation of research findings for reporting and dissemination.(2)The Institute shall disseminate research findings through—(a)knowledge management strategy implementation;(b)stakeholder engagement and feedback;(c)open access initiatives;(d)publication in peer-reviewed journals; and(e)stakeholder feedback and engagement.(f)The relevant government agencies shall apply research findings in developing their policies where applicable.(3)Data management, analysis and dissemination will be conducted as may be specified by the Statutes.37. Monitoring and evaluation
The Institute shall ensure that research development and implementation processes make provision for monitoring and evaluation mechanisms.Part VI – MEDICAL SERVICES AND CLINICAL TRIALS
38. Medical Services
(1)The Institute will provide clinical or health-related services.(2)The services to be provided will consider the health needs of the public and as may be provided for in the Statutes.39. Conduct of clinical trials
The Institute shall—(a)facilitate research and continuous discovery of medicines and products, including alternative medicines and herbal products;(b)offer technical expertise in the conduct of clinical trials;(c)ensure the safety and well-being of research participants involved in clinical trials;(d)uphold the integrity of data generated during clinical research;(e)enhance the capabilities and competencies of healthcare professionals and research scientists in clinical trials and clinical trial management.40. Clinical trial research in public health emergencies
(1)The Institute shall, in case of a public health emergency undertake such research or innovation or drug re-purposing that is necessary to address the public health emergency and prepare for future crisis.(2)The Institute shall, in undertaking the research, innovation or drug re-purposing under subparagraph (1), ensure that—(a)the research does not hinder the response to an emergency or the provision of proper healthcare;(b)research participants are fairly selected and informed consent obtained;(c)studies are designed to produce reliable results despite challenging conditions;(d)the health needs of affected communities are prioritized; and(e)the affected communities are prioritized in dissemination of research findings.Part VII – TRADITIONAL AND ALTERNATIVE MEDICINE
41. Responsibility of government in traditional and alternative medicine
The Government of Kenya shall—(a)recognize and integrate traditional and alternative medicine in a manner that complements the conventional healthcare system;(b)safeguard public health by ensuring that traditional and alternative medicinal products and practices meet stringent quality, safety, and efficacy standards;(c)promote the conservation of medicinal plant biodiversity and the sustainable use of resources, acknowledging the intrinsic value of traditional knowledge in health preservation; and(d)foster biodiversity conservation as a critical component of sustainable healthcare.42. Assessment of quality, efficacy, and safety
(1)The Institute shall, upon reference, in collaboration with relevant agencies conduct comprehensive assessments of traditional and alternative medicinal products to determine their quality, efficacy and safety for purposes of safeguarding public health.(2)The Institute, in conducting the assessments in subparagraph (1)—(a)shall focus on utilizing Kenya's biodiversity and in particular, indigenous flora for the discovery of novel medicinal properties;(b)shall employ a variety of scientific methodologies including biochemical, pharmacological and toxicological evaluations;(c)may conduct preclinical and clinical trials to assess the safety and efficacy of traditional and alternative medicinal products; and(d)shall oversight the standardization and validation of traditional and alternative medicinal products.(3)The Institute shall support the relevant regulatory bodies to establish and enforce quality assurance standards and conduct market surveillance to ensure—(a)that traditional and alternative medicinal products are safe, efficacious and of high quality; and(b)the proper labeling, advertising and marketing of traditional and alternative medicinal products to prevent misleading representation.(4)The Institute shall—(a)identify high-potential healthcare products derived from traditional and natural sources and support their development into scalable prototypes;(b)authenticate natural medicinal products and promote sustainable conservation of their sources; and(c)provide traditional medicine practitioners and herbal product developers with the necessary support and guidance.(5)The Institute may, in the discharge of the duties in subparagraph (1), establish a framework for the identification and support of healthcare products derived from traditional and natural sources with significant potential for contribution to the health sector.(6)The framework in subparagraph (2) shall—(a)make provision for the criteria for the evaluation of healthcare products based on their safety, efficacy, sustainability and capacity to address unmet healthcare needs;(b)require the Institute to lead research initiatives for the investigation of extracts, fractions and compounds derived from natural products for their potential therapeutic applications in disease management;(c)facilitate the development of healthcare products into scalable prototypes through providing the necessary technical, scientific and regulatory assistance; and(d)support for development.43. Capacity building for practitioners
The Institute shall develop programs aimed at building the capacity of traditional and alternative medicine practitioners, herbal product developers and healthcare professionals to—(a)ensure the safe and effective use of traditional and alternative medicines;(b)recommend the integration of validated traditional and alternative medicine practices into the national healthcare system; and(c)promote preservation and transmission of traditional medical knowledge.44. Offences related to traditional medicinal products
A person commits an offence in relation to traditional medicinal products if that person—(a)knowingly adds conventional medicines or other unauthorized substances;(b)makes false, misleading or deceptive claims about ingredients, benefits or risks in print, electronic media or on billboards;(c)sells or promotes products lacking demonstrable therapeutic benefit;(d)makes claims about curative, preventive or diagnostic properties without credible scientific evidence or established traditional knowledge;(e)sells or distributes products with an unknown or inadequate toxicological assessment; or(f)manufacturing, preparing or selling products under unsanitary or poor-quality conditions.45. Management of traditional and alternative medicine knowledge
(1)The Institute shall establish and maintain a comprehensive national database for the codification and preservation of traditional and alternative medical knowledge.(2)The database shall be a repository of scientifically validated knowledge, practices and formulations of traditional and alternative medicine.Part VIII – NATIONAL BIOSECURITY AND BIOSURVEILLANCE
46. National Biosecurity and Bio surveillance platform
(1)The Institute shall develop, operate, and maintain a National Biosecurity and Bio surveillance platform for preventing, detecting, research and responding to biological threats and public health emergencies of national concern.(2)The platform shall have the following functions—(a)surveillance, monitoring and early detection of diseases, outbreaks and public health risks, including emerging and re-emerging infections;(b)bio surveillance, epidemiological intelligence and real-time threat assessment;(c)coordinating national or institutional responses during outbreaks;(d)developing preparedness plans and standard operating procedures;(e)ensuring biosafety and laboratory biosecurity, including secure handling, storage, transport and disposal of pathogens and biological materials;(f)preventing accidental or deliberate release of harmful biological agents, including mitigation of insider threats;(g)evaluating and modelling biological threats, including pandemics, antimicrobial resistance, zoonotic spill-overs and bioterrorism risks;(h)providing scientific, technical and policy advisory services to Government on matters relating to biosecurity, biodefense and bioterrorism;(i)coordinating with national security agencies, regulators and global bodies on matters related to biosurveillance and health security;(j)training health workers, responders, researchers and relevant personnel in disease outbreak management, biosafety, biosecurity, surveillance and emergency response;(k)maintaining systems for cyber-biosecurity to safeguard sensitive biological data, digital research platforms and critical national health security infrastructure;(l)perform any other functions as may be specified in the Statutes.(3)The Vice Chancellor shall have authority to issue, suspend, or revoke security clearance for any person accessing sensitive areas, based on national security risk assessment.47. Biobanks
(1)The Institute shall establish biobanks for the collection, storage and management of biological materials.(2)Despite subparagraph (1), the Institute may, by notice in the Gazette, designate any research institution, site or health establishment as a biobank.(3)A biobank may—(a)receive biological materials for storage purposes;(b)store aliquots of biological materials for such period as may be prescribed; and(c)dispose of biological materials in accordance with the prescribed Regulations.(4)The Institute shall, in establishing the biobanks —(a)put in place processes and procedures for the operation of biobanks;(b)ensure adherence to ethical, regulatory and quality standards for responsible management and use of biological materials and associated data for research, healthcare and public health;(c)develop and implement guidelines or procedures for all aspects of biological materials management including—(i)collection procedures including informed consent processes and documentation;(ii)processing techniques to ensure sample integrity and quality control;(iii)storage conditions including temperature monitoring and security measures; and(iv)distribution protocols for access to biological materials and associated data by authorized users;(d)restrict access to biological materials to authorized users; and(e)implement data management systems to ensure secure storage, retrieval and sharing of clinical and metadata.(5)The Institute may establish and manage bio-banks in a manner as may be provided for in the Statutes.48. Designation of biobanks
(1)Where the Institute designates a research institution, site or health establishment as a biobank in accordance with this Charter, the Institute shall issue a permit.(2)Every biobank shall comply with them applicable laws.49. Research data banks
(1)The Institute shall—(a)establish research data banks;(b)store human research data in the research data bank for availability and accessibility; and(c)store human research data in a secure form with restricted access in accordance with the relevant laws.(2)An authorized person shall—(a)take reasonable measures to ensure that no person collects, uses, discloses, retains or disposes of research data unless it is in accordance with the law; and(b)be responsible for any sensitive data that is collected, used, disclosed, retained or disposed of by the authorized person's agents.(3)For purposes of this paragraph,"authorized person" means the research scientist responsible for the ethical design and conduct of a research study.50. Regulatory sandbox
(1)The Institute may establish a framework to allow scientists and companies to test new products, services, and business models in a monitored safe space with adapted regulatory requirements.(2)A regulatory sandbox framework may be established by the Board, on the recommendation of the Research and Academic Board as may be provided by the Statutes.51. Establishment of research hospitals and clinics
(1)The Institute may establish research hospitals and clinics for the conduct of research for human health.(2)The research hospitals and clinics may be established by the Board, on the recommendation of the Research and Academic Board and on the advice of the Commission as may be provided by the Statutes.Part IX – INTELLECTUAL PROPERTY
52. Rights to vest in the Institute
(1)The rights to an invention or innovation made by the Institute shall vest in the Institute unless there is an agreement to the contrary.(2)The Institute may apply for a patent in respect of any invention or innovation contemplated in subparagraph (1) and shall, for the purposes of the Copyright Act (Cap. 130) and the Industrial Property Act (Cap. 509), be regarded as the assignee of the inventor or innovator of the invention or innovation where an inventor or innovator contributed to that invention or innovation.53. Withholding intellectual property information
Any information on intellectual property that may not be required to be included in any statement of corporate intent, annual report or financial statements by the Institute may be properly withheld and may be released upon request in accordance with the provisions of the Access to Information Act (Cap. 7M).54. Registration of intellectual property
(1)The Institute shall establish a mechanism for notification of inventions, discoveries, or technical developments.(2)The mechanism in subparagraph (1) shall, in collaboration with the relevant government agencies, provide for the protection of intellectual property rights of an invention, discovery or technical development.(3)Despite the provisions of subparagraph (2), the Institute shall at all times reserve the right not to protect or commercialize intellectual property where—(a)the intellectual property is not in the best interests of the Institute, inventor, innovator or the public; or(b)there are no reasonable prospects of commercial success.(4)The Institute shall, in collaboration with the relevant institutions, establish and maintain a database on innovations.55. Ownership of intellectual property
(1)All rights and obligations relating to an invention shall belong exclusively to the Institute or the sponsoring entity as the case maybe, subject to the Institute or sponsoring entity being fully responsible for any and all expenses in the generation of the innovation or invention, fees, and any other charges resulting from the application for, granting or maintenance of intellectual property rights.(2)Where an intellectual property right held by the Institute or sponsoring entity is not being worked or has not been licensed within two years from the date of the notification of the invention, the inventor may apply to succeed the intellectual property right or for a licence to work that intellectual property right on terms to be mutually agreed by the inventor and the Institute or sponsoring entity as the case may be.(3)All rights and obligations relating to any invention produced by an employee or associate of the Institute or sponsoring entity without making significant use of the time and resources of the Institute or sponsoring entity, and not subject to any agreement expressly stating otherwise, shall belong exclusively to the inventor or innovator.(4)Despite the provisions of this paragraph, ownership of a patent shall be forfeited to the relevant national body where the—(a)forfeiture is necessary in the interests of the security of the country; or(b)scientific innovation, invention, or patent is of strategic importance to the country in accordance with the relevant laws.56. Commercialization of intellectual property
(1)The Institute or sponsoring entity as the case may be, shall have the sole discretion regarding the commercialization of intellectual property owned by it and shall ensure that reasonable efforts are made to keep the inventors or innovators informed, and where appropriate involved in the commercialization of the intellectual property to which they contributed.(2)The decision on the mode of commercialization of intellectual property under subparagraph (1) shall rest with the owner of the intellectual property.(3)The mode of commercialization of intellectual property may include—(c)formation of a commercialization entity or joint venture; or(d)donation or royalty free access on humanitarian or other grounds.57. Benefits
(1)Where an intellectual property right reaches the stage of commercialization, a share of royalties accruing to the inventor or innovator shall be forwarded to the inventor or innovator in accordance with minimum requirements set out in the applicable laws.(2)Where financial benefits are derived from the transfer or licensing of intellectual property rights, any direct costs incurred including expenses relating to the generation of the invention, fees, and any other charges resulting from the application for, granting or maintenance of the intellectual property rights and in marketing the invention or innovation shall first be recovered by the owner of the intellectual property.(3)Awards for intellectual property beneficiaries shall continue to be paid to—(a)an innovator or inventor where the inventor has left the employment of the Institute or sponsoring entity as the case may be; and(b)the estate of the innovator or inventor where the inventor is dead.(4)An innovator or inventor or estate of the innovator or inventor shall, for purposes of subparagraph (3), notify the Institute or sponsoring entity of any changes in contact details.(5)Where an invention makes significant use of knowledge or resources that may be related directly to a particular community or area, the Institute or the sponsoring entity shall take the necessary action to ensure that any transfer or licensing of intellectual property rights to a person or entity is in the best interests of that community or area.Part X – FINANCIAL PROVISIONS
58. Financial year
The financial year of the Institute shall be the period of twelve months commencing on the first of July and ending on the thirtieth June in the following year.59. Funds of the Institute
The funds of the Institute shall comprise—(a)funds as may be appropriated by the National Assembly;(b)monies as may accrue to or vest in the Institute in the course of the exercise of its powers or the performance of its functions under this Charter;(d)fees from services rendered;(e)thirty percent of the National Research Fund allocated for health research under the Health Act (Cap. 241);(f)monies as may be payable to the Institute pursuant to this Charter or any other written law;(h)grants for research and training;(k)monetization of intellectual property;(l)revenue from sale of innovative products;(m)income from auxiliary activities; and(n)monies from any other sources as the Board may determine from time to time.60. Investment of funds
(1)All monies of the Institute which are not immediately required to be applied for the purposes of this Charter shall be invested—(a)in such investment in a reputable bank, being an investment in which trust funds, or part thereof, are authorized by law to be invested; and(b)in government securities as may be approved by the National Treasury.(2)All investments made under this paragraph shall be held in the name of the Institute.61. Annual estimates
(1)Before the commencement of a financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Institute for that year.(2)The annual estimates shall make provisions for all the estimated expenditure of the institute for the financial year concerned, and in particular shall provide for—(a)for the payment of the salaries, allowances and other charges in respect of the staff of the Institute;(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 Institute;(c)for the proper maintenance of the buildings and grounds of the Institute;(d)for the proper maintenance, repair and replacement of equipment and other movable property of the Institute;(e)for the funding of the cost of teaching, research and outreach activities of the Institute;(f)development purposes; and(g)the creation of such funds to meet future or contingent liabilities of such other matters as the Board may deem fit.(3)The Vice Chancellor may incur expenditure for purposes of the Institute in accordance with estimates approved by the Board, and any approved expenditure under any vote head of the estimates may not be exceeded without the prior approval of the Board.62. Utilization of grants and donations
For expedient carrying out of the activities of the Institute, grants to the Institute from external funders and donors shall be received at the Institute, in the designated bank accounts and shall be used for the purpose of defraying such expenses as may be provided in the grant or donor conditions or agreement.63. Unexpended monies
Any unexpended monies may be carried forward in the account of the Institute from one financial year to the next and be expended as the Board may determine.64. Accounts and audit
(1)The Board shall cause to be kept all books and records of account of the income and expenditure, assets and liabilities of the Institute.(2)Within a period of three months from the end of each financial year, the Board shall submit to the Auditor-General the accounts of the Institute.(3)The accounts of the Institute shall be audited by the Auditor-General in accordance with the Public Audit Act (Cap. 412B).(4)The Institute shall maintain financial autonomy with full authority to solicit, manage, and utilize tuition fees, grants, donations, endowments, and other financial resources specifically in support of its academic, research, and institutional development mandates.Part XI – MISCELLANEOUS PROVISIONS
65. Associations, collaborations or linkages
The Board may enter into association, collaboration, or linkages with other bodies or organizations within or outside Kenya for purposes of—(a)training and exchange programs;(b)research and development;(c)running specialized programs in support of government institutions; and(d)any other areas as the Institute may consider desirable or appropriate and in furtherance of the purpose for which the Institute is established.66. Instruments of governance
(1)The Institute shall conspicuously display all its instruments of governance.(2)Where any instrument is revoked under this Charter, the Institute shall, within fourteen days of such revocation, return the original instrument of governance to the Commission subject to the provisions of this Charter.67. Statutes
In the performance of its functions under this Charter, the Board shall, subject to this Charter, make Statutes generally for the governance, control, and administration of the Institute and for the better carrying into effect of the purposes of this Charter, and in particular for the—(a)establishment of colleges, faculties, departments, campuses and regional offices of the Institute;(b)description of specialized degrees and other specialized academic qualifications;(c)providing for the requirements for conferment of specialized degrees and other specialized academic qualifications;(d)conduct of examinations and assessments;(e)prescribing fees and other charges;(f)prescribing the rules and regulations for the conduct and organization of student affairs;(g)setting the terms and conditions of service, including the appointment, dismissal, and recommendation of retirement benefits of the members of the staff of the Institute;(h)constitution and procedure of meetings of the Board, and the establishment, composition, and terms of reference of committees of the Board; the fees to be charged under this Charter;(i)the forms to be used in connection with this Charter;(j)the establishment and management of biobanks;(k)the establishment and management of animal houses and insectaries;(l)the establishment and management of botanical gardens;(m)the establishment and management of research hospitals and clinics;(n)the establishment and management of sandboxes;(o)the establishment and management of incubation centres;(p)the scientific and ethics review mechanism;(q)the establishment of critical national health security infrastructure;(r)the collection, storage, use and transfer of biological materials;(s)maintenance of repositories of research for human health data;(t)the criteria for the admission of qualified persons to the training programmes offered by the Institute;(u)the categories of examinations and the manner in which such examinations shall be administered; and(v)any other matter that may be related to research for human health and capacity building.68. Instruments of authority
(1)The Institute shall possess the mace, the common seal and the logo as instruments of authority.(2)The mace shall be kept in such custody as the Board may direct and used as specified in the Statutes.(3)The common seal of the Institute shall be kept in such custody and used only as the Board shall direct and may be affixed, as and when required under the applicable law to legal documents and instruments or as determined by the Board.(4)The common seal of the Institute shall be authenticated by the signatures of the Vice Chancellor, together with any other person duly authorized by the Board.(5)The common seal of the Institute, when affixed on 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 Board under this paragraph shall be presumed to have been duly given.(6)All documents other than those required by law to be under seal, made on behalf of the Board, and all decisions of the Board shall be under the hand of the Chairperson, the Vice Chancellor, or the respective Directors of Directorates or any other member of the Board duly authorized by the Board on its behalf.(7)No person, body, authority, or organization performing any function related to administration, registration of companies, business, trade, advertisement, calling, profession, shall use the common seal and logo of the Institute except with the consent of the Board or authorized representative of the Board.69. 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 "Kenya Medical Research", together with the word "Institute", unless the application for the registration is accompanied by the written consent of the Board.(2)Any person who except with the written consent of the Board, uses the word "Kenya Medical Research", together with the word "Institute", 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 the penalties specified under section 27 of the Act.(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 of an award by the Institute subject to the Charter.70. Performance of functions if there is incapacity of office holder
(1)In the event of incapacity of the Vice Chancellor, the Board shall appoint one of the Directors of Directorates 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 simultaneous incapacity of the Vice Chancellor and the Directors of Directorates, the Board shall appoint one of the Deputy Directors to perform the functions of the Vice Chancellor during the incapacity for a maximum period of one hundred and eighty calendar days.(3)In the event of simultaneous incapacity of the Vice Chancellor and the Directors of Directorates, and the Deputy Directors of the Institute, the Board shall appoint a Senior Research Scientist at the level equivalent to a Director of Directorates to perform the functions of the Vice Chancellor during the incapacity for a maximum period of one hundred and eighty calendar days.(4)In the event of incapacity of any member of staff of the Institute, the Vice Chancellor may appoint a suitable person to perform the functions of the said member of staff during the period of absence for a maximum period of one hundred and eighty calendar days.(5)Subject to the discretion of the Board upon the expiry of the above prescribed period, the position shall fall vacant and the process of filling the position as provided for in the Institute's Human Resource Instruments, the Charter, Statutes, or applicable laws may commence.(6)For the purposes of this paragraph,"incapacity" means absence from Kenya or the inability for any reason to perform the functions of the office held.71. Convocation
(1)There shall be convocation of the Institute which shall consist of such members as may be specified in the Statutes.(2)The convocation shall be convened for purposes of conferment of awards and for such other functions as the Statutes may specify.72. Transition and revocation
(1)The Kenya Medical Research Institute Order (Sub. Leg) is revoked.(2)In this paragraph,"Former Institute" means the Kenya Medical Research Institute established under the Kenya Medical Research Institute Order.(3)Notwithstanding paragraph (1)—(a)any assets and liabilities of the Former Institute existing immediately before the grant of this charter shall be deemed to be the assets and liability of the Institute under this Charter;(b)any member of staff of the Former Institute existing immediately before the grant of this charter shall be deemed to be a member of staff of the Institute under this Charter;(c)any legal proceedings in which the Former Institute is a party and are pending determination shall at the grant of this Charter be deemed legal proceedings under this Charter;(d)all rights, duties and obligations held by Kenya Medical Research Institute constituted under the Kenya Medical Research Institute Order, by anybody on behalf of the Institute, existing at the commencement of this Charter, shall be automatically and fully transferred to the Kenya Medical Research Institute under this Charter;(e)any reference to Kenya Medical Research Institute in any contract or document shall, for all purposes, be deemed to be a reference to the Kenya Medical Research Institute established under paragraph 3 of this Charter; and(f)the full implementation of this Charter shall be effected over a transition period of five years from the date of commencement, during which the Board shall ensure continuity of operations and phased adoption of all provisions of this Charter.73. Variation, revocation or amendment of the Charter
This Charter may be revoked, varied or amended in accordance with section 22 of the Act.