ADVOKS GLOBAL · KENYA
The Aga Khan University-Kenya Charter
18. The Council
Edition: 2022-12-31 · In force
18. The Council
(1)The University shall have a Council appointed as follows—(a)the Chairperson who shall have at least a master’s degree and who shall be appointed by the Sponsor;(b)three persons with distinguished qualifications and experience in the field of education appointed by the Sponsor;(c)two persons of international renown with distinguished qualification and experience in leadership, appointed by the Sponsor; and(d)the Vice-Chancellor, who shall be the Secretary and an ex officio member of the Council.(2)Under special circumstances the Sponsor may appoint not more than two additional members, being persons whose skills or experience are necessary for the purposes of the functions of the Council.(3)The composition of the Council shall ensure that at least a third of the membership are Kenyan citizens by birth.(4)The members of the Council, except the Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term.(5)The members of the Council shall appoint from amongst its members or otherwise form such committees as may, in the opinion of the Council, lead to its more efficient and effective functioning.(6)The position of a member of the Council shall become vacant if the member—(b)not being an ex-officio member, resigns from office by notice in writing addressed to the appointing authority or fails to attend three consecutive meetings of the Council without sufficient cause or leave of absence; and(c)is removed from office by the Sponsor or the appointing authority upon being satisfied that the member is, by reason of physical or mental infirmity or otherwise, unable to discharge his duties as required.(7)Where the office of a member of the Council becomes vacant under subparagraph (6), the Vice-Chancellor shall notify the vacancy to the appointing authority.(8)A vacancy in the office of a member of the Council shall be filled by a person appointed by the Sponsor.(9)In addition to the powers and responsibilities vested to it under the Act and this Charter, the Council shall be responsible for the general supervision and control over the affairs of the University, and the power to lay down regulations and policies of the University, including the power to—(a)manage, control supervise and administer the assets and resources of the University in such a manner as best promotes the purpose for which the University is established;(b)determine the provisions to be made for capital and recurrent expenditure and for reserves of the University;(c)receive any grants, donations or endowments on behalf of the University and make legitimate disbursements therefrom;(d)enter into association, collaboration or linkages with other bodies or organizations within or outside Kenya as the University may consider desirable or appropriate and in furtherance of the purpose for which the University is established;(e)open a banking account or accounts for the funds of the University;(f)employ staff of the University;(g)approve any proposed amendments to the Charter of the University;(h)make Statutes for the University under the Charter in accordance with the Act;(i)promote the objects of the University and to solicit or raise funds either directly or through any other agency or entity established for that purpose, or other friends and supporters of the University and to apply such funds for the purpose and objects of the University;(j)borrow or raise money for the purposes of the University upon such security and other terms as may be required;(k)establish, promote, create or participate in the establishment, promotion, creation of a subsidiary, subsidiaries or an affiliated legal entity or entities either directly by itself or through or in partnership with other legal entity or entities in furtherance of the objects and purposes of the University including income generating activities to sustain the operations of the University;(l)formulate or approve the principles, policies and plans governing the activities and operations of the University so as to ensure that the academic staff enjoy academic freedom in their research and educational work;(m)prepare or have prepared and revised Statutes, rules and regulations from time to time for the efficient and effective operation of the University;(n)review and approve the creation of any standing component of the University, such as Faculties, Colleges, Campuses, programmes, Institutes, standing committees and councils and other administrative bodies necessary to assist or improve the working of the University;(o)approve the plans of work and annual budget of the University submitted by the Vice-Chancellor;(p)require of, and consider reports submitted by the Vice-Chancellor relating to the activities of the University and the execution of the plans of work and to direct the Vice-Chancellor to submit reports relating to any matters as may be specified by the Council from time to time;(q)to create such academic or administrative positions as it may consider necessary for the purposes of the University and to approve appointments to such of these positions as it may specify, including the positions of provost, deans, directors, head of the library, professors and associate professors;(r)undertake responsibility for the financial integrity of the University, including responsibility for ensuring sustainability and effectiveness of its future operations, their continuity and the preservation of the autonomy of the University;(s)approve all affiliations and other similar arrangements through which institutions or individuals may become associated with the University;(t)enter into agreements, contracts, collaborations, understandings and arrangements with governments, organizations, institutions, bodies, individuals and other persons for the purpose of carrying out its functions and activities.(u)take all such initiatives, as it may consider necessary or desirable for the efficient or effective management and functioning of the University; and(v)perform such other functions as may be assigned or delegated to it by the Sponsor.(10)The Council shall regulate its own rules of procedure and may amend or modify them from time to time provided that such rules of procedure are consistent with the provisions of the Act, the Universities Regulations and this Charter and provided further that where any such rules of procedure are in conflict with or inconsistent with the provisions of the Act, the Universities Regulations and this Charter, such rules of procedure shall be invalid and ineffective to the extent of the inconsistency.(11)The Council shall meet at least four times in a year for regular or scheduled meetings and may meet at any other time at which a special meeting thereof may be called by the Chairperson or requisitioned in writing by not less than one third of the Council members, a fraction being counted as one.(12)Not less than ten clear days’ notice of a special meeting shall be given to the members of the Council and the agenda of the meeting shall be restricted to the matters specified in the agenda to be annexed to such notice.(13)The quorum for a meeting of the Council shall be one-half of its members, a fraction being counted as one.(14)The decisions of the Council shall be by a simple majority of the members present and voting and, the Chairperson or person presiding shall, in the event of equality of votes, have a casting vote.(15)Meetings may be held in person or through electronic means including audio, video-conferences or through circulation of written resolutions at the discretion of the Council. Written resolutions may be in two or more counter parts, which together and signed by the minimum number of Council members prescribed in the relevant resolution will be deemed to constitute a resolution of the Council. Such a written resolution of the Council will be filed with minutes of the proceedings of the Council and will be deemed to be passed on the date stated therein or, in the absence of such a date being stated, on the latest date stated on any of the relevant counterpart.