ADVOKS GLOBAL · KENYA
The Charter for Lukenya University
17. The Council
Edition: 2022-12-31 · In force
17. The Council
(1)There is established a Council which shall be appointed by the Board of Trustees as follows—(a)the Chairperson who shall be a distinguished person who holds a minimum of a Master’s degree from a recognized University or its equivalent with over twenty-five-years’ work experience in a corporate environment;(b)seven persons with distinguished qualifications and experience as follows—(i)one person of the rank of a Professor in their respective field and a holder of an earned Doctor of Philosophy degree;(ii)an advocate of the High Court of Kenya with ten years post admission experience and a member of the Law Society of Kenya in good standing;(iii)a financial expert with ten years’ experience and a holder of either a Bachelor of Commerce degree with a CPA (K) or its equivalent or a holder of a Master’s Degree in Economics;(iv)a banker with over ten years’ experience and a holder of a minimum of a bachelors’ degree in relevant field;(v)a business professional with a proven record of having started and grown a successful business for not less than ten years;(vi)a person with over ten years’ experience in managing large institutions at national and or international levels; and(vii)a person appointed to represent interest of the Board of Trustees, and(c)the Vice-Chancellor, who shall be the Secretary and an ex officio member of the Council.(2)In the absence or incapacity of the Chairperson, the Council shall appoint from amongst themselves, any other person, except an ex officio member, to be the acting Chairperson.(3)Members of the Council shall, except the Vice-Chancellor, hold office for a term of three years and shall be eligible for re-appointment for one further term.(4)The Council may establish such committees as may, in the opinion of the Council, lead to its more efficient and effective functioning.(5)Where the office of a member of the University Council becomes vacant, the Chairperson shall notify the vacancy to the Board of Trustees.(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 in writing addressed to the Secretary of the Council;(b)has the appointment terminated by the Board of Trustees;(c)is, by reason of physical or mental infirmity or otherwise, unable to discharge his duties as required to the satisfaction of the Board of Trustees;(d)is absent for three consecutive Council meetings without good reason;(e)is found to be involved in unbecoming behaviour as determined by the Council, in consultation with the Board of Trustees;(f)is found to be directly or indirectly involved in any business conflicting with the function of the University and fails to disclose the conflicting interest;(g)is declared bankrupt; or(7)The Board of Trustees shall replace a member of the Council within sixty days upon being notified of the vacancy.(8)The Vice-Chancellor shall be the secretary to the Council.(9)The procedure, rules and regulations of meetings of the Council shall be prescribed in the Statutes.(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 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.(11)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 prescribe regulations and policies of the University, including powers to—(a)manage, supervise and administer the assets 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 the staff of the University;(g)approve any proposed amendments to this Charter of the University;(h)make Statutes for the University under this 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)hold, control and administer the property, funds and resources of the University and to borrow or raise money for the purposes of the University upon such security and other terms as may be required;(k)establish, promote, create and/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 from time to time statutes, rules and regulations 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)enquire 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 to it by the Board of Trustees.