Kenyan legislation

The Charter for Islamic University of Kenya

Edition: 2024-12-23 · In force

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PREAMBLE

WHEREAS RAF Investments Kenya Limited wishes to establish a university in the name of Islamic University of Kenya, situated in Kajiado County in the Republic of Kenya;AND WHEREAS the said Islamic University of Kenya has applied to the Commission for University Education, for the grant of Charter to provide for the establishment, control, governance, and administration of the University and for connected purposes, in the manner specified by the Universities Act;AND WHEREAS the Commission for University Education has visited and inspected the said institution, and is satisfied that the objects of Islamic University of Kenya are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for University Education is also satisfied that Islamic University of Kenya has complied with the provisions of Universities Act;AND WHEREAS the Commission for University Education has submitted a draft Charter, the text whereof is annexed hereto, to the Cabinet Secretary for Education, on the said institution, and the Cabinet Secretary is satisfied that Islamic University of Kenya should be granted the Charter;AND WHEREAS the Cabinet Secretary, Ministry for Education has submitted this Charter to me with recommendations thereon; andNOW WHEREFORE, by these presents, be it known in exercise of the powers conferred upon me by section 19 of the Universities Act, I, William Samoei Ruto, President and Commander-in-Chief of the Defence Forces of the Republic of Kenya, grant this Charter annexed hereto to Islamic University of Kenya.

Part I – PRELIMINARY

1. Short title

This Charter shall be cited as Islamic University of Kenya Charter.

2. Interpretation

In this Charter, unless the context otherwise requires—“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;“alumni” means a person who is a former student of the University who completed an approved programme of study and qualified for the award of the degree, diploma or certificate and staff of the University;“alumni association” means the alumni association of the University established under paragraph 22;“Board of Trustees” means the Board of Trustees of the University appointed in accordance with paragraph 16;“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for University education;“Campus” means a campus established in the University pursuant to paragraph 9;“Chairperson of Department” means a person appointed by the Vice Chancellor to be the chairperson of a teaching department or the head of any unit of the University;“Chancellor” means the Chancellor of the University appointed under paragraph 17;“college” means a college of the University established under paragraph 9 but does not include a constituent college;“Commission” means the Commission for University Education established under section 4 of the Act;“Constituent College” means a college established under paragraph 10;“Council” means the Council of the University established under paragraph 18;“Dean” means dean of a faculty, school or centre as appointed by the Vice Chancellor in accordance with the Statutes;“Dean of students” means the person appointed as the Dean of students of the University in accordance with the Statutes;“Deputy Vice-Chancellor” means the Deputy Vice-Chancellor appointed under paragraph 24;“Director” means a person appointed by the Vice-Chancellor as a head of a Directorate, institute or center in the University;“graduate” means a person upon whom a degree of the University has been conferred or to whom a qualification of the University has been a warded as determined by the Senate;“Institute” means an institute of the University established by the Statutes;“lecturer” means a scholar or academic expert with qualifications in the relevant discipline, hired to teach and engage in research in a University;“Principal” means a person appointed under paragraphs 25 or 26, to be the Principal of a college within the University or a constituent college;“Professor” means a Professor of the University;“student” means a person for the time being admitted and registered by the University for the purpose of obtaining a qualification of the University as determined by the Senate in accordance with the Statutes;“Senate” means the Senate of the University established under paragraph 19;“University” means the Islamic University of Kenya established under paragraph 3;“University Management Board” means the University Management Board of the University established under paragraph 20; and“Vice-Chancellor” means the Vice-Chancellor of the University appointed under paragraph 23.

Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

3. Establishment of the University

(1)There is hereby established a University to be known as Islamic University of Kenya.

(2)The University shall be a body corporate with perpetual succession and a common seal, and shall, in its corporate name, be capable of—

(a)suing and being sued;

(b)taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property;

(c)receiving, investing, borrowing and lending money; and

(d)carrying out or performing any such functions or acts, including entering into such contracts 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.

4. Vision

To be recognized as a leading centre in creating community leaders who are scientifically and academically endowed to positively influence society and in so doing provide leadership in peace and love for humanity.

5. Mission

To produce leaders with scientific and academic excellence who are able to contribute to building societies in urban and rural areas with values of compassion, love and mercy.

6. Philosophy

(1)The University is committed to fostering an educational environment rooted in core islamic values, including integrity, moral uprightness, professionalism, self-discipline, transparency, and obedience to work and duty.

(2)Research and innovation are central to the University's mission, with a focus on advancing both islamic studies and modern disciplines to contribute to global scholarship.

(3)The University’s curriculum is designed to integrate islamic teachings with contemporary academic standards, regularly updated through stakeholder engagement to address current industry trends and future societal needs.

7. Core values

The core values of the University shall be—

(a)professionalism;

(b)moral uprightness; and

(c)transparency.

8. Functions of the University

(1)The University shall—

(a)provide directly, or in collaboration, with other institutions of higher learning, facilities for university education including technological, scientific, professional education and research;

(b)advance knowledge and its practical application by research, innovation and other means;

(c)disseminate the outcomes of research by various means, and commercially exploit the results of such research;

(d)participate in technological innovation as well as in the discovery, creation, transmission and enhancement of knowledge, and to stimulate the intellectual life in the economic, social, cultural, scientific, and technological development;

(e)contribute to industrial and technological development of society in collaboration and partnership with industry and other organizations;

(f)develop quality and relevant programmes for degrees, diplomas and certificates;

(g)establish colleges, faculties, schools, centres, institutes, departments, and other resources and administrative units as may be appropriate;

(h)inculcate and promote a culture of innovation, critical inquiry and creativity in art, science, technology, engineering, and education, amongst staff, students and society;

(i)develop an institution of excellence in teaching, training, scholarship, entrepreneurship, research, consultancy, community service, among other educational services and products, with emphasis on technology and its development, impact and application to society;

(j)provide a multi-level system of education and training that is relevant to the needs of the community covering a wide range of fields and levels with provision for recognition of prior learning and flexibility of transition between educational levels;

(k)provide high quality facilities for educational, research, residential, commercial, cultural, social, recreational, sporting, and other activities;

(l)facilitate student mobility between programmes of study at different universities;

(m)participate in commercial ventures and activities that promote the objectives of the institution;

(n)foster the general welfare of staff, students, and the community;

(o)provide opportunities for development and further training for staff of the institution;

(p)develop and provide educational, cultural, professional, technical and vocational services to the community and in particular fostering of corporate social responsibility;

(q)facilitate the development, provision, and expansion of services, programmes, and other products in ways that are easily accessible and reflect the principles of equity and social justice;

(r)conduct examinations for, and grant such, academic awards as may be provided for in the Statutes, and to syndicate examinations for awards at other institutions as may be approved by the Senate;

(s)determine who may teach, what may be taught, and how it may be taught in the University;

(t)promote socio-economic development in line with the country’s development agenda; and

(u)ensure the University sustainability and adoption of the best practices in University management and institutionalization of systems of checks and balances.

(2)Admission to the University as candidates for degrees, diplomas, certificates, or other awards shall be open to all persons accepted as being qualified by the Senate in accordance with the admission criteria.

(3)The University shall charge such fees or levy as may, from time to time, be approved by the Council for students admitted to the University for defraying expenses connected with their education.

9. Establishment of colleges and campuses within the University

(1)The Council may, on the advice of the Senate, establish colleges and campuses within the University in accordance with section 20 (d) of the Act and the Statutes.

(2)A college or a campus established under subparagraph (1) shall consist of such faculties, schools, institutes, as may be provided for in the Statutes.

10. Establishment of constituent colleges

The University may establish constituent colleges in accordance with the provisions of section 20(3) of the Act.

11. Conferment, granting, cancellation and withdrawal of degree, diplomas, certificates and other awards

(1)Subject to this Charter, the University may—

(a)award degrees, diplomas, certificates and other academic awards as may be provided for by the Statutes; or

(b)confer honorary degrees or any other academic recognition upon a person who has rendered distinguished service as provided for in the Statutes.

(2)Subject to this Charter, the Council on the recommendation of the Senate may cancel or withdraw such certificates, diplomas, degrees, including honorary degrees, or any other awards as may be provided for in the Statutes.

12. Award of scholarships

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

Part III — MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

13. Membership of the University

(1)The members of the University shall be—

(a)the Sponsor;

(b)the Board of Trustees;

(c)the Chancellor;

(d)the Council;

(e)the Vice-Chancellor;

(f)the members of the Senate;

(g)the members of University Management Board;

(h)the Deputy Vice-Chancellors;

(i)the Principals of constituent colleges;

(j)the Principals of colleges within the university and directors of campuses;

(k)the Dean of students;

(l)the academic and non-academic staff;

(m)the members of governing body of each constituent college;

(n)the students;

(o)the alumni; and

(p)any other person or body formally admitted into the University by the Council.

(2)The members of the University shall enjoy such rights and privileges as may be outlined in the Statutes.

14. Governing organs

(1)The governance of the University shall be—

(a)the Sponsor;

(b)the Board of Trustees;

(c)the Chancellor;

(d)the Council;

(e)the Vice-Chancellor;

(f)the University Management Board;

(g)the Senate;

(h)the alumni association; and

(i)the student’s association.

(2)The governance organs of the University may set up committees for the better carrying out of the functions of the University as specified by the Statutes.

15. Sponsor

(1)The Sponsor of the University shall be the RAF Investments Kenya Limited.

(2)The Sponsor shall—

(a)appoint the members of the Board of Trustees of the University;

(b)receive reports on the operations and progress of the University;

(c)receive annual auditors report;

(d)initiate the process of amending this Charter; and

(e)in consultation with the Cabinet Secretary and the Commission, appoint a person to administer or manage the University in the event of revocation of this Charter.

16. Board of Trustees

(1)There shall be a Board of Trustees of the University, which shall be appointed by the Sponsor of the University.

(2)The Board of Trustees shall be a body corporate with Perpetual Succession, established by the Trust Deed, under The Trustees (Perpetual Succession) Act (Cap, 164).

(3)The membership of the Board of Trustees shall consist of—

(a)the Chairperson;

(b)five members, appointed by the Sponsor, with experience in law, business, religion and academic;

(c)three members from diverse backgrounds to represent community and other interests.

(4)The Board of Trustees shall, in addition to the responsibilities set out under section 35(3) of the Act—

(a)hold movable and immovable assets of the University in trust for the University;

(b)safeguard and uphold the vision and foundational objects of the University;

(c)receive and review reports on the development, operation and progress of the University;

(d)receive and review reports on the budget performance and implementation of the financial policies of the University;

(e)make an annual report on the state of the University to the Sponsors; and

(f)perform any other function specified in the Trust Deed.

17. The Chancellor

(1)There shall be a Chancellor of the University who shall be appointed by the Board of Trustees.

(2)The Chancellor—

(a)shall be the titular head of the University and shall, in the name of the University, confer degrees and grant diplomas, certificates and other awards of the University;

(b)may from time to time, recommend to the Board of Trustees a visitation of the University;

(c)may from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the University; and

(d)shall enjoy such powers and privileges and perform such other functions as may be provided in the Statutes.

(3)The office of the Chancellor shall become vacant if the Chancellor—

(a)resigns from office by notice in writing addressed to the Chairperson of the Board of Trustees;

(b)is by reasons of physical or mental infirmity, pronounced by a qualified medical practitioner, is unable to exercise the functions of the Chancellor’s office;

(c)is adjudged bankrupt by a court of competent jurisdiction;

(d)is imprisoned for a period exceeding six months;

(e)contravenes the provisions of Chapter Six of the Constitution; and

(f)dies.

18. The Council

(1)There shall be a Council of the University whose members shall be appointed by the Board of Trustees.

(2)The membership of the Council shall consist of—

(a)the Chairperson;

(b)seven members appointed by the Board of Trustee through an open process in such a manner as may be specified in the Statutes; and

(c)the Vice-Chancellor or, in the case of a constituent college, the Principal of such college who shall be an ex officio member of the Council.

(3)Not more than a third of the members shall be from the Sponsor.

(4)The Council shall be the governing body of the University.

(5)Subject to this paragraph, the Chairperson and members of the Council, 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.

(6)In making appointments under subparagraph (2), the appointing authority shall have regard to the objectives of university education, ensuring that there is inclusivity and balance in competencies for development of university education.

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

(8)The office of a member of the Council shall become vacant if the member—

(a)not being an ex officio member, resigns from office by notice in writing addressed to the Vice-Chancellor;

(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

(g)dies.

(9)Where the office of a member of the Council becomes vacant, the Vice-Chancellor shall notify the vacancy to appointing authority.

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

(11)The procedure, conduct and regulation of the affairs of the Council shall be determined in accordance to the Act, this Charter and the Statutes.

(12)The Council shall—

(a)make Statutes for the University in accordance with the section 23 of the Act;

(b)approve the University policies;

(c)determine the method of recruitment, appointment and promotion of the staff of the University;

(d)confer after receiving a report from the Senate, the title of Emeritus Professor, visiting professors, Honorary Professor, Honorary lecturer or Honorary Fellow;

(e)approve the University budget;

(f)promote and make financial provisions and facilities for execution of the functions of the University;

(g)determine, after considering the recommendations of the Senate, the fees payable to the University;

(h)approve, in consultation of the Sponsor and Board of Trustees, the investment of any money belonging to the University;

(i)subject to the laid down procedures and in consultation of the Sponsor and Board of Trustees, approve the sale, purchase, exchange, take-over, or lease of movable and immovable property on behalf of the University;

(j)approve the borrowing of money on behalf of the University;

(k)on the recommendation of the Senate, institute fellowships scholarships, studentships, exhibitions, bursaries, prizes and other aids to study and research;

(l)approve the terms and conditions for internal and external examiners who shall be appointed by the Senate;

(m)empower committees to act jointly with any Committees appointed by the Senate, provided that the Council shall not delegate to the Chairperson or to a Committee the powers to approve without further reference to the Council the annual estimates of expenditure;

(n)approve regulations governing the conduct and discipline of the students of the University;

(o)receive, on behalf of the University, donations, endowments, gifts, grants or other moneys and make legitimate disbursements wherefrom;

(p)approve the constitution of the Students Organization and so far as is reasonably practicable, to ensure that the Students’ Organization operates in a fair and democratic manner and is accountable for its finances;

(q)provide for the welfare of the staff and students of the University;

(r)approve regulations governing the recruitment, conduct and discipline of the staff of the University;

(s)monitor and evaluate the implementation of strategies, policies, and the management criteria and plans of the University;

(t)constantly review the viability and financial sustainability of the University, and shall do so once every year;

(u)ensure that the University complies with the Constitution, other relevant laws, regulations, governance practices, accounting and auditing standards; and

(v)perform such other duties as may be contained in the Statutes and may have such other powers as contained in the Act.

(13)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.

(14)The Council may delegate the exercise of some of its functions or duties set out in this Charter or other written law to a Committee, a member or an employee of the Council.

19. The Senate

(1)There is established a Senate of the University which shall be responsible for all academic matters of the University.

(2)The membership of the Senate shall consist of—

(a)the Vice-Chancellor, who shall be the Chairperson;

(b)the Deputy Vice-Chancellors;

(c)the Principal of each Constituent College;

(d)the Principal of each College and Directors of campuses of the University;

(e)the Finance Officer;

(f)the Registrars;

(g)The Deans of Faculties, Schools, Institutes, Centres and other academic units that admit students;

(h)The Chairpersons of Departments;

(i)the Professors of the University;

(j)the members elected by the Academic Board or equivalent body of each constituent college from amongst its members;

(k)the University Librarian;

(l)the Dean of Students;

(m)the Director Quality Assurance;

(n)the medical officer;

(o)the Directors for the time being responsible for various units in the University;

(p)one representative of each of the staff union;

(q)two members elected by the Students’ Association, who shall not be entitled to attend deliberations of the Senate considered to be confidential or which relate to examinations, the general discipline of students, and other related matters; and

(r)such other member as the Senate may determine in accordance with the Statutes.

(3)The Deputy Vice-Chancellor (Academic Affairs) shall be the Secretary to the Senate.

(4)The Senate shall—

(a)satisfy itself regarding the content and academic standard of any course of study in respect of any degree, diploma, certificate or other award of the University;

(b)propose Statutes to be made by the Council regarding the eligibility of persons for admission to degree, diploma and certificate programmes;

(c)propose Statutes to be made by the Council regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificates or other awards of the University;

(d)decide which persons have attained the specified standards of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other awards of the University;

(e)initiate proposals relating to the conduct of the University’s academic programmes or affairs generally and to make representations thereon to the Council;

(f)recommend to the Council the establishment, or abolition or harmonization of Faculties, Schools, Institutes, Units, Departments, and Centres as the Senate may from time to time deem necessary;

(g)subject to the Act, make recommendations to the Council for the establishment or abolition or supervision of degree and other academic programmes and their titles in the University;

(h)set the dates of the academic year and to determine the schedule of academic programmes within the academic year;

(i)approve all curricula of the University programmes in accordance with the existing legal framework;

(j)specify methods of assessing and examining the academic performance of students;

(k)evaluate academic records of both undergraduate and postgraduate candidates for the purpose of admission into the University;

(l)regulate the conduct of examinations;

(m)appoint internal and external examiners and recommend to the Council the terms and conditions for their appointment;

(n)approve the examination results;

(o)subject to the Act, approve the award of degrees including the award of honorary degrees and other academic distinctions;

(p)determine which qualifications or credits from other Universities or institutions shall be acceptable as equivalent to particular qualifications of the University as provided in the existing legal framework;

(q)determine the procedure to be followed in the conferment of the degrees and other awards;

(r)determine the design of academic dress and specify its use;

(s)evaluate research, teaching, staffing and general work of staff or section of the University and if it so wishes to report and make recommendations thereon to the Council;

(t)promote and administer the extra-mural, external and extension work of the University;

(u)promote research and innovation work in the University;

(v)promote co-operation and linkages with other institutions of higher learning and industry;

(w)make regulations governing the award of fellowships, scholarships, bursaries, prizes and other awards;

(x)develop, implement and promote quality assurance systems and structures in all University operations;

(y)promote the welfare of students and staff’ in the University;

(z)propose regulations and procedures for the discipline of students and make recommendations thereof to the Council;

(aa)handle disciplinary cases of students including discontinuation of any student from a programme of study on academic grounds;

(bb)receive proposals from Boards and Faculties, institutes, Schools, Centers and to consider their recommendations and make appropriate decision;

(cc)recommend to the Council appropriate criteria for appointment and promotion of academic staff of the University;

(dd)review the Statutes from time to time and to present recommendations thereon to the Council provided that all Statutes shall be reviewed at least once every five years; and

(ee)determine general policy matters relating to the library, laboratory facilities, teaching aids, workshops and such other academic services which are in its view necessary for the furtherance of the academic objectives of the University.

(5)The Senate may recommend withdrawal from persons any degrees or other distinctions or titles conferred on them, and revocation of any degrees, diplomas or certificates granted to them by the University and withdrawal of all privileges connected therewith.

(6)The Senate shall exercise such other powers as may be conferred to the Senate by the Act, the Statutes or by the regulations and to do such other acts as the Council shall authorize.

(7)Notwithstanding the provision of this Charter, the Council shall not initiate any action in respect of subparagraph (a), (b) or (c) of paragraph (4) except on receipt of a report from the Senate or reject or amend any regulations as proposed without further reference to the Senate.

20. The University Management Board

(1)There shall be a University Management Board which shall function as provided for in the Act, Charter and the Statutes.

(2)the University Management Board shall consist of—

(a)the Vice-Chancellor, who shall be the Chairperson;

(b)the Deputy Vice-Chancellors;

(c)the Principals of Colleges within the University;

(d)the Registrars of the University;

(e)the finance officer;

(f)the medical officer;

(g)the legal counsel;

(h)the Dean of students;

(i)the Director quality assurance; and

(j)such other member of senior management as the Council may determine in accordance with the Statutes.

(3)The Chairperson of the University Management Board may invite other officers of the University to attend management board meetings when specific matters pertaining to their departments or offices are being discussed and such officers shall be in attendance but not be eligible to vote.

(4)The University Management Board shall assist the Vice-Chancellor in the day-to-day management of the University and shall, in this respect, be responsible for—

(a)the efficient management of the human, physical, and financial resources of the University;

(b)ensuring that resources are available to various units of the University to ensure efficient operations;

(c)making proposals to the Council and the Senate on Policies that have a University wide application;

(d)coordinating and implementing the University strategic and development plans;

(e)ensuring that decisions of the Council are implemented;

(f)implementing the University policies;

(g)recommending to Council budgets for approval for various programmes of the University;

(h)forming Management Committees as may be appropriate to perform such functions and discharge such responsibilities as it may determine for efficient running of the University;

(i)authorizing the initiation of legal proceedings or defend or compromise legal proceedings in the name of and on behalf of the University;

(j)monitoring and evaluation of the University projects and the use of resources; and

(k)any other functions as delegated by Council.

(5)The Deputy Vice-Chancellor (Administration) shall be the Secretary to the University Management Board.

21. Students’ association

There shall be a students’ association which shall be established in accordance with the Act and the Statutes.

22. Alumni association

(1)There shall be an Alumni Association of the University which shall consist of graduates of the University and such other persons as may be specified by the Statutes.

(2)The Alumni Association shall have the right to meet and discuss any matter relating to the University and make resolutions and where applicable make recommendations thereon to the Council or the Senate, and may exercise such other functions as the Statutes may specify.

(3)The Senate shall propose rules for consideration by Council regarding establishment and promotion of the Alumni Association.

Part IV – MANAGEMENT OF THE UNIVERSITY

23. The Vice-Chancellor

(1)There shall be a Vice-Chancellor of the University who shall be appointed by the Council.

(2)A person qualifies to be appointed as a Vice-Chancellor if the person is a holder of an earned Doctor of Philosophy degree with at least five years’ experience in management of a university.

(3)Vice-Chancellor shall be Chief Executive Officer of the University and shall—

(a)be the academic and administrative head of the University;

(b)have the overall responsibility of the direction, organization, administration and programmes of the University;

(c)have such responsibilities and duties as may be provided for in this Charter, the Statutes and other provisions of the law; and

(d)carry out any other duty or responsibility as may be assigned by the Council.

(4)The Vice-Chancellor shall hold office for a period of five years and shall be eligible for re-appointment for one further term.

(5)The terms and conditions of service of the Vice-Chancellor shall be as specified in the Statutes and the instrument of appointment.

(6)The office of the Vice-Chancellor shall become vacant if the Vice-Chancellor—

(a)resigns by notice in writing addressed to the Chairperson of the Council;

(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 a composition or scheme of arrangement for the benefit of creditors;

(d)is convicted of an offence and is sentenced to imprisonment for a period of six months or more;

(e)is guilty of gross misconduct; or

(f)dies.

24. The Deputy Vice-Chancellors

(1)The Council shall appoint two or more Deputy Vice-Chancellors, who shall, under the general authority of the Vice-Chancellor, exercise such powers and perform such duties as may be assigned by the Statutes or the instrument of appointment.

(2)A Deputy Vice-Chancellor shall hold office for a period of five years and shall be eligible for re-appointment for one further term.

25. The Principals of constituent colleges

(1)The Council shall competitively appoint the Principal of a constituent college who shall be the academic and administrative head of a constituent college.

(2)The Principal shall hold office upon such terms and for such period as may be provided for by the Statutes.

26. Principals of colleges and directors of campuses within the University

(1)There shall be Principals of colleges and Directors of campuses within the University who shall be appointed in accordance with the Statutes.

(2)The Principals of colleges and Directors of campuses shall be responsible to the Vice-Chancellor and shall, in that regard, assist the Vice-Chancellor in direction, organization, administration and programmes of colleges and campuses.

(3)The Principal shall hold office for a period of five years and shall be eligible for re-appointment for one further term.

27. Staff of the University

(1)The academic Staff of the University shall consist of—

(a)the Vice-Chancellor;

(b)the Deputy Vice-Chancellors;

(c)the Professors;

(d)the Principals of constituent colleges;

(e)the Principals of campus and colleges within the University;

(f)the librarian of the University; and

(g)all members of staff who are engaged in teaching, research or extension in the University.

(2)The administrative staff of the University shall consist of—

(a)the Vice-Chancellor;

(b)the Deputy Vice-Chancellors;

(c)the Principals of constituent colleges;

(d)the Principals of colleges and Directors of campuses within the University;

(e)the University librarian;

(f)the Dean of students;

(g)the Deans of faculties and schools;

(h)the Directors of centers, institutes and units of the University;

(i)the Chairpersons of departments;

(j)the heads of departments;

(k)the Registrars;

(l)the finance officer; and

(m)all other members of staff who are engaged in general duties and as the Council may determine from time to time.

(3)The members of staff of the University shall, subject to this Charter, be appointed—

(a)in the manner and on the terms and conditions of the services specified in the Statutes; or

(b)in the case of a person seconded to the services of the University from the services of another institution, the government or any other public services, on terms and conditions agreed on with the Council.

(4)The Council may, subject to such restrictions as it may impose, delegate either generally or specifically, to any person, committee, or body, the power to appoint any member of the staff of the University.

(5)All members of staff of the University shall be—

(a)subject to the general authority of the Council and of the Vice-Chancellor; and

(b)regarded as employed in accordance with the Statutes or by the terms and conditions of a specific appointment.

28. Performance of functions in the absence of office holder

(1)In the absence of the Vice-Chancellor, the Council shall appoint one of the Deputy Vice-Chancellors as an acting Vice-Chancellor during the period of absence for a maximum period of one hundred and eighty calendar days.

(2)In the absence of the Vice-Chancellor and the Deputy Vice-Chancellors, the Council shall, in consultation with the Chancellor, appoint one of the Principals of the colleges of the University, where applicable or a member of the academic staff at the level of senior lecturer and above of the University as an acting Vice-Chancellor during the period of absence for a maximum period of one hundred and eighty calendar days.

(3)In the absence of the Vice-Chancellor, the Deputy Vice-Chancellors, the Principals of colleges of the University, the Council may, in consultation with the Chancellor, appoint a member of the academic staff at the level of senior lecturer and above as an acting Vice-Chancellor during the period of absence for a maximum period of one hundred and eighty calendar days.

(4)In the absence of any other member of staff of the University, the Vice-Chancellor may appoint a suitable person to perform the functions of the said officer during the period of absence for a maximum period of one hundred and eighty calendar days.

(5)In this paragraph, “absence” means inability to perform the functions of the specified office or as may be provided for in the Statutes and whereupon at expiry of the specified period, the position shall become vacant.

29. Convocation

(1)There shall be convocation of the University which shall consist of graduates of the University and such other persons as may be specified in the Statutes.

(2)The convocation shall have the right to meet and discuss any matter relating to the University and transmit resolutions thereon to the Council and the Senate, and may exercise such other functions as the Statutes may specify.

Part V – FINANCIAL PROVISIONS

30. Financial year

The financial year of the University shall be the period of twelve months commencing on the 1st of July and ending on 30th of June in the following year.

31. Funds of the University

(1)The funds of the University shall comprise of—

(a)tuition fees, boarding and catering charges and other fees charged by the University;

(b)income from the University’s auxiliary enterprises and investments;

(c)donations and grants; and

(d)such other sources as the Council may determine from time to time.

(2)The University may, from time to time, invite, and with or without such invitation, may receive contributions or funds by way of donations or otherwise for the support and for the benefit or purpose of the University.

32. Investments of Funds

(1)The Council may, in consultation of the Sponsor and Board of Trustees, invest any of the funds of the University in securities, treasury bonds, trust funds or in any other securities which the Treasury may, from time to time, approve.

(2)The Council may, in consultation of the Sponsor and Board of Trustees, deposit with such banks as it may determine any monies not immediately required for the purposes of the University.

(3)The Council may, in consultation with the Board of Trustees and the Sponsor, create or appoint other corporate bodies to manage its investments, pensions, provident funds and properties.

33. Annual estimates

(1)Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the University for that financial year.

(2)The annual estimates shall make provisions for all the estimated expenditure of the University 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;

(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;

(c)for the proper maintenance of the buildings and grounds of the University;

(d)for the proper maintenance, repair and replacement of equipment and other movable property of the University;

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

(f)for development purposes; and

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

(3)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 Board of Trustees for approval, and after the approval, the Council shall not increase any sum provided in the estimates without the consent of the Board of Trustees.

(4)No expenditure shall be incurred for the purpose of the University except in accordance with the annual estimates approved under subparagraph (3) or in pursuance of an authorization of the Council given with the prior approval of the Board of Trustees.

34. Unexpended monies

Any unexpended monies may be carried forward in the account of the University from one financial year to the next and be expended as the Council may determine.

35. Accounts and audit

(1)The Council shall cause to be kept proper books and records of accounts of Income and expenditure, assets and liabilities of the University.

(2)The accounts of the University shall be audited annually by a firm of external auditors appointed by the Council.

(3)The fees for the external auditors shall be determined and paid by the Council.

(4)Within a period of three months from the end of each financial year, the Vice-Chancellor shall submit to the Council audited accounts of the University.

(5)The University shall maintain an internal audit function.

Part VI – MISCELLANEOUS PROVISIONS

36. Instruments of governance

(1)The University shall conspicuously display all its instruments of governance.

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

(3)The Council shall, subject to this Charter, make Statutes generally for the governance, control and administration of the University and for the better carrying into effect of the purposes of this Charter, and in particular for the—

(a)establishment of campuses, colleges, faculties, schools, directorates institutes, units and centres of the University;

(b)description of degrees, diplomas, certificates and other academic qualifications;

(c)requirement for conferment of degrees and award of diplomas, certificate other academic qualifications;

(d)conduct of examinations;

(e)determination and collection of fees and other charges;

(f)making of 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 staff of the University;

(h)procedure of meetings of the Council, and the establishment composition and terms of reference of committees of the Council; and

(i)providing for or specifying anything, which, under this Charter may provide for or be specified by Statutes.

(4)The Council shall not make, amend or revoke any Statutes relating to the function and privileges of the Chancellor, Vice-Chancellor or the Senate without first ascertaining the opinion of the Senate.

37. Instruments of authority

(1)The symbols of authority shall be the mace, the common seal and the logo.

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

(3)The common seal of the University shall be authenticated by the signatures of the Chairperson of the Council and the Vice-Chancellor and any another person duly authorized by the Council.

(4)The common seal of the University when affixed to any document and duly authenticated shall be judicially noticed and officially noticed, and any order or authorization of the Council or the Vice-Chancellor under this paragraph shall be presumed to have been duly given, unless the contrary is proved.

(5)All documents other than those required by law to be under seal, made on behalf of the Council and all decisions of the Council shall be under the hand of the Chairperson, the Vice-Chancellor or the respective Deputy Vice-Chancellor or any other member of the Council duly authorized by the Council on its behalf.

(6)The mace shall be kept in such custody as Council may direct.

(7)The mace shall be used as specified in the Statutes.

(8)No person, body, authority and or organization performing any function related to administration, registration of companies, business, trade, advertisement, calling, profession, use of the common seal and logo of the University except with the consent of the Council or an authorized representative of the Council.

38. 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 "Islamic", together with the word "University of Kenya", unless the application for the registration is accompanied by the written consent of the Council.

(2)Any person who except with the written consent of the Council, uses the word “Islamic”, together with the word "University of Kenya", 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 to the person of a degree, diploma or certificate by the University subject to the Act.

39. Transition

(1)On the commencement of this Charter—

(a)the members of the Council in office shall hold office for a term of not more than six months;

(b)the members of the Council in office may make Statutes for the University;

(c)the Vice-Chancellor and Deputy Vice-Chancellors of the University shall continue to discharge their responsibilities and exercise such powers as set out in their instrument of appointment;

(d)all persons who were members of staff of the University shall be deemed to be members of staff of the University under this Charter; and

(e)all the students of the University, who were pursuing degrees, diploma, certificate, and post degree programmes shall be awarded degrees, diploma, certificate, and post degree qualifications of the University under this Charter.

40. Variation and revocation

This Charter may be amended in accordance with section 22 of the Act.

Source: Kenya Law · Imported 4 October 2026