ADVOKS GLOBAL · KENYA
The Charter for Kaimosi Friends University
13. The Council
Edition: 2022-12-31 · In force
13. The Council
(1)There shall be a Council of the University whose members shall be appointed in accordance with the Act.(2)The Council shall consist of—(a)the Chairperson who shall be appointed by the President;(b)the Principal Secretary in the Ministry for the time being responsible for the university education;(c)the Principal Secretary in the Ministry for the time being responsible for finance;(d)five members appointed by the Cabinet Secretary through an open process in such a manner as may be prescribed in the guidelines issued by the Cabinet Secretary; and(e)the Vice-Chancellor or, in the case of a Constituent College, the Principal of such College, shall be an ex officio member of the Council.(3)Subject to this paragraph, a member of the Council, other than an ex officio member, shall hold office for a term of three years and shall be eligible for re- appointment for one further term.(4)The members of Council other than the ex officio members shall at the first meeting after their appointment determine by lot which of their number shall vacate office after a period of three and four years respectively to ensure continuity in the activities of the Council.(5)The Council shall be the governing body of the University.(6)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, by reasons of physical or mental infirmity, unable to exercise the functions of the office of the member to the satisfaction of the Council;(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(7)Where the office of a member of the Council becomes vacant, the Vice-Chancellor shall forthwith notify the vacancy to appropriate appointing authority.(8)The procedure, conduct and regulation of the affairs of the Council shall be determined in accordance to this Charter and the Statutes.(9)The Council shall exercise prudent leadership, innovative enterprise, and good judgment in directing the University and shall always charter in the best interest of the University.(10)Subject to this Charter, the functions of the Council shall include—(a)subject to the provisions of the Act and after consultation with the Senate, to make Statutes for the University;(b)to approve policies of the University;(c)to make and approve Statutes for the University;(d)to determine the method of recruitment, appointment and promotion of all staff of the University;(e)to appoint and determine the terms and conditions of service for all staff of the University:(f)to confer after receiving a report from the Senate, the title of Emeritus Professor, Visiting professors, Honorary Professor, Honorary lecturer or Honorary Fellow;(g)to approve the budget of the University;(h)to promote and to make financial provisions and facilities for execution of the functions of the University;(i)to determine, after considering the recommendations of the Senate, all fees payable to the University;(j)to approve the investment of any money belonging to the University, including any unutilized income, in such stocks, funds, fully paid shares or securities as the Council may from time to time deem fit in accordance with the general law for the investment of trust moneys or in the purchase of freehold or leasehold properties yielding rents and subject to the provisions of the Act, with the powers of varying such investment from time to time by sale or re-investment or otherwise;(k)subject to the laid down Government procedures, to approve the sale, purchase, exchange, or take-over, or lease of movable and immovable property on behalf of the University;(l)subject to the laid down Government procedures, approve the borrowing of money on behalf of the University; and for that purpose and subject to the Act, to mortgage or charge all or any part of the property unless the conditions of the property so held provide otherwise, and to give such other security whether upon movable and immovable property or otherwise as the Council may deem fit;(m)on the recommendation of the Senate, to provide in accordance with the Statutes, for the creation of new divisions, faculties, schools, institutes, departments, centres or other bodies of learning, research and production in the University, whether formed by sub-division of one or more than one of any such body, and to approve the establishment, abolition or subdivision of any such body however so described;(n)on the recommendation of the Senate, to institute fellowships scholarships, studentships, exhibitions, bursaries, prizes and other aids to study and research;(o)to approve the terms and conditions upon which internal and external examiners shall be appointed by the Senate;(p)to 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;(q)to approve regulations governing the conduct and discipline of the students of the University;(r)to receive, on behalf of the University, donations, endowments, gifts, grants or other moneys and make legitimate disbursements wherefrom;(s)to 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;(t)to provide for the welfare of the staff and students of the University;(u)to approve regulations governing the recruitment, conduct and discipline of the staff of the University;(v)to monitor and evaluate the implementation of strategies, policies, and the management criteria and plans of the University;(w)to constantly review the viability and financial sustainability of the University, and shall do so once every year;(x)to ensure that the University complies with the constitution, other relevant laws, regulations, governance practices, accounting and auditing standards; and(y)to perform such other duties as may be contained in the Statutes and may have such other powers as contained in the Act.(11)The Council shall ensure that a proper management structure is in place and ensure that the structure functions to maintain corporate integrity, reputation and responsibility of the University.(12)The Council may delegate the exercise of any of its functions or duties set out in this Charter or other written law to committees, member or employee of the Council.