ADVOKS GLOBAL · KENYA
Kenyan legislation
The Charter for the Catholic University of Eastern Africa
Edition: 2023-12-29 · In force
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SCHEDULE
WHEREAS the Catholic Association of the Members of the Episcopal Conferences of Eastern Africa, the current proprietors of the Catholic Higher Institute of Eastern Africa situated in the Republic of Kenya, wishes to establish an institution in the name of Catholic University of Eastern Africa;AND WHEREAS the said Catholic University of Eastern Africa has applied to the Commission for Higher Education for the grant of a charter in the manner prescribed under the Universities Act;AND WHEREAS the Commission for Higher Education has visited and inspected the said institution, and is satisfied that the objects of the Catholic University of Eastern Africa, are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for Higher Education is also satisfied that the Catholic University of Eastern Africa has complied with the provisions of the Act and the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules (L.N. 56/1989);AND WHEREAS the Commission for Higher 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 the Catholic University of Eastern Africa, be granted the charter;AND WHEREAS the Cabinet Secretary has submitted the Charter to me with recommendations thereon;AND WHEREAS I am satisfied that the granting of the Charter will be of benefit to the advancement of university education in Kenya;New wherefore, by these presents, be it known that in exercise of the powers conferred upon me by section 12 of the Universities Act (Cap. 210B), I, Daniel Toroitich arap Moi, President, and Commander-in-Chief of the Armed Forces, of the Republic of Kenya, hereby grant the Charter annexed hereto to the Catholic University of Eastern Africa.A Charter to provide for the establishment, control, governance and administration of the Catholic University of Eastern Africa, and for connected purposes.Part I – PRELIMINARY
1. Short title
This Charter may be cited as the Catholic University of Eastern Africa Charter.2. Interpretation
(1)In this Charter, unless the context otherwise requires—"Act" means the Universities Act (Cap. 210);"Affiliated Institutions" means those institutions which have an academic linkage with the Catholic University of Eastern Africa for the purpose of being able to grant bachelors degrees in accordance with Sapientia Christiana Article 62;"AMECEA” means the Association of the Members of the Episcopal Conferences of Eastern Africa Trustees (Registered);“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters related to university education;"Chancellor" means the Chancellor of the University referred to in Section 16;"Charter" means this Charter;"Chairperson" means the head of a Department;"Charter" means this Charter;"Congregation for Catholic Education" means the commission of the Roman Catholic Church established by His Holiness the Supreme Pontiff which has competence over ecclesiastical institutions established by the authority of the Vatican, Catholic colleges and universities;"Constituent College" means an academic institution which though autonomous administratively, is conceptually an integral part of the main University for academic purposes;"Council" means the Council of the University established under Section 14;"Eastern Africa" means Ethiopia, Eritrea, Kenya, Malawi, Sudan, South Sudan, Tanzania, Uganda and Zambia;"Episcopal Conference” means a collegial entity, or association of Bishops of a given territorial region;"Ex Corde Ecclesiae" means the Apostolic Constitution on Catholic Universities promulgated by His Holiness Pope John Paul II, the Supreme Pontiff on the 15th August, 1990 and any instrument(s) amending or replacing the same from time to time;"Faculty" means a faculty of the University established by the statutes;“Financial year" means the financial year of the University determined under Section 28;"Institute" means an institute of the University established by the Statutes;"Principal" means the principal of a college appointed under Section 21;"Public University" means a university established by an Act of Parliament of the Republic of Kenya;"Registrar" means an officer appointed under Section 22;"Sapientia Christiana" means the Apostolic Constitution on Ecclesiastical Universities and Faculties promulgated by his Holiness Pope John Paul II, the Supreme Pontiff, on the 29th April, 1979 and any instrument(s) amending or replacing the same from time to time;"School" means a school of the University established by statutes;"Secretary to the Council" means the Vice-Chancellor;"Senate" means the Senate of the University established under Section 17;"Statutes" means the rules enacted by the University Council for the governance of the University;"Student" means a person registered by the University for the purposes of obtaining a qualification of the University or any other person who is determined by the Senate to be a student;"Students' Organization" means an association of students recognized by the Council as being an organization representative of the students of the University;"University" means the Catholic University of Eastern Africa;"Vice-Chancellor" means an officer appointed under section 20 of this Charter.(2)References in this Charter to offices or authorities of a constituent college shall be construed by reference to the legislation or other instruments by which that college is established or governed.Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY
3. Establishment and incorporation
(1)There shall be established a university at Langata, Nairobi, to be known as the Catholic University of Eastern Africa which shall be constituted in accordance with this Charter.(2)The University shall be a body corporate by the name of the Catholic University of Eastern Africa, with perpetual succession and common seal, and shall in that name be capable of—(a)taking, purchasing or otherwise acquiring, holding, charging and disposing of property, movable or immovable;(b)borrowing or lending money;(d)doing or performing all such other transactions or acts for the furtherance of the provisions of the Charter which may be lawfully done or performed by a body corporate;(e)entering into contracts with the Government of Kenya, with other institutions and with individuals;(f)receiving bequests and gifts which shall be used only for the purposes stated by the person or persons making such bequests or gifts.(3)The University is the successor to the Catholic Higher Institute of Eastern Africa, and subject to this Charter, all rights, duties, obligations, assets and liabilities of the Catholic Higher Institute of Eastern Africa existing at the commencement of this Charter shall be automatically and fully transferred to the University and any reference to the Catholic Higher Institute of Eastern Africa in any contract or document shall for all purposes be deemed to be a reference to the University established under subsection (1).(4)The University is under ecclesiastical authority of the Roman Pontiff, and therefore it is under the Congregation for Catholic Education, Vatican City.(5)The University is founded by AMECEA, which has full responsibility over it, its government and future development.(6)The Local Ordinary of Nairobi accordingly to Sapientia christiana is the pro-chancellor responsible for Spiritual welfare of the University.4. Distribution of income and neutrality of the University
(1)The University shall be organized as a non-profit entity for religious, charitable, scientific, literary and education purposes, and no part of the net earnings of the University shall inure to be benefit or be distributable to its members, trustees, officers or other private persons, except that the University shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in the furtherance of the purposes set forth in section 9A hereof.(2)No part of the activities of the University shall be the carrying on of propaganda, and the University shall not intervene in any political campaign on behalf of or in opposition to any candidate for public office.5. Common Seal and Signification of Documents
(1)The common seal of the University shall be kept in such custody as the Council shall direct and shall not be used except upon the order of the Council.(2)Where the common seal is required, a party shall make sure that the Council has authorized the use of the seal.(3)The common seal of the University shall be authenticated by the signature of the Chairperson of the Council or the Vice-Chancellor, and, in the absence of both, the Deputy Vice-Chancellor (Academic Affairs) and in their absence a person specifically authorized by the Council.(4)The common seal of the University, when affixed to any document and duly authenticated as provided for under this section, shall be judicially and officially noticed.6. Constituent colleges
(1)The constituent colleges in the Appendix are declared to be constituent colleges of the University and shall be autonomous in administrative matters but shall be subject to the University in academic matters.(2)The constituent colleges shall have a governing council that is independent from that of the University, its academic programs, teaching staff, examinations and related academic regulations shall be approved by the Senate of the University and its Standards shall be maintained at the same level as that of the University, and in line with the Commission for University Education’s standards.(3)The Chancellor may, on a resolution of the Council without prejudice to Sapientia Christiana and Ex Corde Ecclesiae, in consultation with the Commission, and with the approval of the Cabinet Secretary—(a)establish any college in Eastern Africa as a constituent college of the University; and(b)declare an institution of higher learning or education or any training establishment in Eastern Africa to be a constituent college of the University.7. Affiliation, aggregation and incorporation of institutions
The University may enter into academic linkages, affiliations, aggregations or incorporations as may be provided for in the Statutes, subject to the norms of Sapientia Christiana and Ex Corde Ecclesiae.8. Philosophy and objects
(1)The University is dedicated to the Holy Trinity.(2)The motto of the University is “Consecrate Them in the Truth".(3)In its search for the Truth, the University is essentially guided by—(a)christian inspiration and values;(b)reflects on human knowledge in the light of the Word of God and Catholic Tradition;(c)fidelity to the Christian message found in the Word of God, Catholic Tradition and the Teaching of the Catholic Church;(d)commitment to the service of the human family by playing a radical transcendental role in the liberative, inculturative and transformative process for the fulfilment of the human family;(e)commitment to Christ and his message, assistance to the members of the University and society to achieve wholeness as human persons in truth, dialogue and participation in decisions which affect the University community, individual members and society at large.(4)Besides imparting useful knowledge, the University is distinguished by its holistic approach about nature, humanity, and God and by means of a universal humanism the University is completely dedicated to the research of all aspects of truth in their essential connection with the supreme Truth, who is God.(5)In its scientific and technological research, the University opts for the very meaning of the human person and his centrality in the universe.9. Degrees, diplomas, certificates and other awards
(1)Subject to this Charter and to Sapientia Christiana and Ex Corde Ecclesiae the University may in the name of the Supreme Pontiff or sede vacante the Holy See—(a)confer the degrees of bachelor, master and doctor and such other degrees as may be provided for in the statutes; and(b)grant diplomas or certificates or other awards.(2)Subsection (1) shall apply to an honorary degree or academic distinction which the University may wish to confer or award to a person who has rendered distinguished service in the advancement of any branch of learning or cultural accomplishment or who has otherwise rendered himself worthy of such a degree or academic distinction.(3)Graduation ceremonies at which degrees are conferred shall be held at places and dates to be determined by the University Council and shall be conducted in accordance with procedure prescribed by a resolution of the Council.9A. Functions of the University
The University shall—(a)be a centre of creativity and dissemination of knowledge and a community made up of both teachers and learners, which in a rigorous and critical fashion assists in the protection and advancement of human dignity, human-divine values, and of cultural heritage;(b)provide facilities and opportunities to scholars and a forum to promote continuous development of self-awareness of men and women, of their potentials, resources, cultural values and of their environment;(c)be actively involved in confronting and solving the great problems of society and cultures, as a Church organ in her complex task of evangelization;(d)provide a forum and facilities where academic autonomy of each discipline is respected and promoted;(e)be an organ of the Catholic Church in its prophetic mission;(f)provide instruction through teaching and research in an African environment to all those admitted to the University and to make provision for the advancement, transmission and preservation of knowledge both in ecclesiastical studies and other areas of human knowledge and to stimulate academic life in Eastern Africa;(g)prepare the clergy, religious, lay women and men of the Catholic Church as well as people of other religious denominations with a Christian attitude in order to serve the Church in its various institutions and human family at large, in their growth, understanding and solidarity;(h)be responsible for university education within the Catholic Church in Eastern Africa and to work with other appropriate bodies, including ecclesiastical authorities, and to examine and make proposals to the Commission for University Education for new faculties, new departments, new degree courses or new subjects of study, in accordance with the Act, Sapientia Christiana and Ex Corde Ecclesiae;(i)be a centre of encounter and research where the various branches of ecclesiastical studies and of other forms of human knowledge continuously make dialogue or interact for their mutual enrichment in the light of the gospel message and African values;(j)provide facilities for continuing education;(k)collaborate with other institutions of higher learning, particularly with those located in the AMECEA region for the integral development, understanding, and for the promotion of cultures and environmental conservation;(l)be a forum for ecumenical dialogue and collaboration with other Christian denominations and non-Christian theological and religious studies in Eastern Africa, the whole of Africa and the world at large;(m)through the Senate, conduct examinations and through the Chancellor, grant degrees, diplomas and other awards of the University;(n)participate in the discovery, transmission and preservation of knowledge and to stimulate the intellectual, cultural and economic development of the AMECEA region;(o)through the Senate, determine who may teach, what may be taught and to whom it may be taught in the University;(p)without prejudice to Sapientia Christiana and Ex Corde Ecclesiae, admit students without distinction of race, colour, creed, sex or nationality; and(q)perform any other function as the Sponsor shall determine from time to time.Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
10. Membership
The members of the University shall be—(d)the Deputy Vice-Chancellors;(e)the University Chaplain;(f)the Principal of each Constituent College;(g)the Director of each Campus within the University;(h)the Faculty Deans and Directors of Schools, Institutes and Centres;(i)the members of the Council;(j)the members of the Senate;(k)the members of the Council or other governing body of each constituent college or college within the University;(l)the professors, lecturers, librarians, researchers and administrative staff of the University;(m)the Registrar (Academic);(n)the Chief Finance Officer;(p)the University Librarian;(q)the Secretary to the Council or other governing body of each constituent college or colleges within the University;(r)the registered students; and(s)such other members of staff of the University or any other body formally admitted into association with the University or with any of its constituent colleges or colleges within the University as the Council may from time to time determine.11. Governance
The governance and control of the University shall vest in the following persons and bodies—(d)the Chairperson of the Council;(f)the University Management Board; and12. The Sponsor
The AMECEA shall be the Sponsor of the University.13. Functions of the Sponsor
The Sponsor—(a)shall appoint the Chancellor;(b)shall appoint members of the Council from names proposed by the various Conferences;(c)may appoint a Board of Trustee and delegate to the Board functions in accordance with the Act; and(d)shall promote the vision, mission and objects of the University.14. The Council
(1)There shall be a Council of the University which shall be responsible for the doctrine, the spiritual, ethical formation and the discipline of the University as well as for its integral development.(2)The Council shall consist of—(a)the Chairperson, who shall be appointed in accordance with the provisions of the Act and the directions of the Holy See;(b)one member elected by each national Episcopal Conference;(c)the Vice-Chancellor of the University, who shall be an ex-officio and the Secretary to the Council; and(d)not more than four members with specific contribution to offer to be co-opted at the discretion of the Council.(3)The Chairperson shall hold office for a term of four years and shall be eligible for re-appointment for one further term of four years.(4)The office of the chairperson shall become vacant if the Chairperson—(b)is convicted of an offence under the law and sentenced for a period of six months or more;(c)is found guilty of gross misconduct; or(d)is unable to perform the functions of his office.(5)In the circumstances referred to in subsection (4), the Vice-Chairperson of the Council shall be responsible for the affairs of the Council until the next Chairperson is appointed by the Sponsors.(6)The Vice-Chairperson of the Council shall be elected by the Council from amongst the Conference Bishops.(7)The members of the Council shall be appointed for a term of four years and shall be eligible for re-appointment for one further term of four years.(8)If a Bishop resigns during his term of office, he may be replaced by another Bishop chosen by the national Episcopal Conference concerned, for the completion of the term of office.(9)The office of a member of Council shall become vacant if the member—(a)not being an ex-officio member, resigns by notice in writing addressed to the Secretary to the Council;(b)is, by reasons of physical or mental infirmity, unable to exercise the functions of his office;(d)is removed from office by the appointing authority.(10)Where the office of a member of the Council becomes vacant under subsection (9), the Secretary to the Council shall forthwith notify the vacancy to the appropriate appointing authority.(11)The Council shall meet at least twice a year and at any other time at the request of the Chairperson or of three members of the Council.(12)The procedure and the conduct and regulation of the affairs of the Council shall be vested in the Council.15. The functions and duties of the Council
(1)Subject to Sapientia Christiana, Ex Corde Ecclessiae and the Sponsor, the Council shall be responsible for the governance, control and administration of the University.(2)The Council shall—(a)uphold the vision and mission of the University;(b)approve the Statutes of the University in accordance with the Sapientia Christiana and Ex Corde Ecclesiae;(c)liaise with the government authorities on any legal matters concerning the University;(d)authorize the acquisition and alienation of properties as a delegated role of the Board of Trustees;(e)act as an appellate body for all claims and internal disputes in the University which the Senate or the Management Board has heard and determined;(f)appoint its own committees;(g)receive and consider proposals for opening of new faculties, institutes, schools, departments and research centres;(h)examine and approve the annual and triennial reports as well as the financial reports and budget presented by the Vice-Chancellor;(i)establish and maintain relations, through the Chancellor, with the AMECEA;(j)submit regular reports on the University to the AMECEA;(k)in consultation with AMECEA, appoint the Vice-Chancellor and submit his name to the Congregation of Catholic Education for confirmation as Vice-Chancellor;(l)appoint the Deputy Vice-Chancellors;(m)in consultation with the Senate and the Management Board, appoint full-time academic staff and senior non-teaching staff respectively for the proper and efficient management and administration of the University;(n)approve the promotion of staff;(o)approve the budget and utilization of the University funds according to the strategic plan;(p)approve regulations governing the conduct and discipline of the students and staff; and(q)enjoy such powers and privileges and perform such other functions as may be provided for in the Statutes.(3)All documents, other than those required by law to be under seal, made on behalf of the Council, and all decisions of the Council, may be signified under the hand of the Chairperson of the Council or the Vice-Chancellor or any other member of the Council specifically authorized by the Council in that behalf.16. The Chancellor
(1)The Chancellor shall be appointed by AMECEA and shall represent the Holy See to the University and equally the University to the Holy See and other civil authorities.(2)The Chancellor shall—(a)be the titular head of the University;(b)conduct a visitation of the University once every five years, and from time to time as need arises;(c)from time to time give advice to the Council which he considers necessary for the betterment of the University;(d)present to the Congregation for Catholic Education for confirmation the name of the one appointed by AMECEA as Vice-Chancellor, as well as the names of lecturers for whom a Nihil Obstat is required;(e)receive the profession of faith of the Vice-Chancellor;(f)recommend the withdrawal from lecturers of the canonical mission or permission to teach pursuant to the provision of Sapientia Christiana and Ex Corde Ecclesiae;(g)confer in the name of the Supreme Pontiff and the AMECEA both ecclesiastical and non-ecclesiastical certificates, diplomas and degree to successful candidates recommended and presented by the Senate; and(h)enjoy such powers and privileges and perform such other functions as may be provided for in the Statutes.(3)The office of the Chancellor shall become vacant if the Chancellor—(b)is adjudged bankrupt by order of the Holy See;(c)is declared mentally unfit by order of the Holy See;(d)is unfit to exercise functions of his office in the opinion of the Holy See;(e)is found guilty of gross misconduct by order of the Holy See; or(f)is found to have conflict of interest in the opinion of the Holy See, or by personal declaration.(4)In the eventuality of subsection (3), the Sponsors of the University shall appoint a Vice-Chancellor within ninety days from the date of the vacancy.17. The Senate
(1)There shall be a Senate of the University which shall consist of—(a)the Vice-Chancellor, who shall be the Chairperson;(b)the Deputy Vice-Chancellors;(c)the Principals of constituent colleges;(d)the Principal of each college within the University;(e)the Directors of campuses within the University;(f)the Deans or Directors of all faculties, schools, institutes and centres of the University;(g)the heads of departments;(h)the directors of research centres;(j)the Registrar (Academic);(k)the University Librarian;(l)the Chief Finance Officer;(m)the Dean of Students; and(n)two representatives of the Students’ Organization, who shall however not be allowed to attend meetings considered by the Chairperson to be confidential.(2)The Deputy Vice-Chancellor (Academic affairs), shall be the Vice-Chairperson of the Senate.(3)The Registrar (Academic), shall be the Secretary of the Senate.(4)Subject to this Charter and the Statutes, the Senate shall determine its quorum and its own procedure.(5)Subject to this Charter, the Senate shall—(a)propose to the Council for approval of the short- and long-term academic plans and their modifications based on a continuous evaluation;(b)develop, evaluate and propose modifications in the program of instruction in the research and community service consistent with the objectives and policies of the University;(c)develop criteria and policies for the admission of students, their retention and promotion, the awarding of degrees, diplomas and certificates;(d)approve the academic calendar and academic program of studies;(e)discuss and approve the annual academic reports presented by the principals and deans;(f)settle academic matters within the faculties and departments and to deal with academic disputes arising therefrom;(g)discuss, evaluate and approve affiliations to academic programs of the constituent colleges and supervise them;(h)recommend to the Council amendments to the Statutes and the regulations;(i)propose to the Council, the financial needs of the academic program of the University;(j)recommend to the Council appointments and promotions of academic staff;(k)promote and supervise the development of the library and the archives;(l)receive and approve examination results; and(m)make regulations governing such matters as are within its powers in accordance with this Charter or the Statutes.(6)The Senate may co-opt any person with specific contribution to offer as and when need arises.(7)The Senate shall meet at least four times a year.(8)The Senate may establish such committees as may be deemed necessary for the efficient discharge of its functions and duties.Part IV – ADMINISTRATION OF THE UNIVERSITY
18. The University Management Board
(1)There shall be a University Management Board whose membership, powers and functions shall be as provided for in the Statutes.(2)The University Management Board shall manage the day to day operations of the University.19. The Vice-Chancellor
(1)The Council shall, in consultation with the AMECEA, appoint a Vice-Chancellor, who shall be confirmed as Vice-Chancellor by the Congregation for Catholic Education in respect of ecclesiastical matters.(2)The Vice-Chancellor shall be the academic and administrative head of the University.(3)The Vice-Chancellor shall hold office for a term of four years' and shall be eligible for re-appointment for one further term of four years.(4)The Vice-Chancellor shall—(a)direct, promote and co-ordinate all the activities of the University;(b)act as the representative of the University and be its spokesperson in its external relations;(c)assume administrative responsibilities for the day to day running of the University and its management;(d)convoke and preside over the Senate in accordance with the norms and the Statutes;(e)be responsible for the administration of the temporalies;(f)make urgent decisions at his discretion and refer more important matters to the Council;(g)send an annual statistical summary to the Holy See, according to the outlines provided by the said Congregation;(h)work collegially with the staff of the University for the realization of its objectives;(i)appoint heads of departments after consultation with the Deputy Vice-Chancellors; and(j)perform such other functions and have such other powers as the Council may prescribe.(5)The office of the Vice-Chancellor shall become vacant if the Vice-Chancellor—(i)resigns by notice in writing addressed to the Chairperson of the Council;(ii)fails to perform the duties of the office without reasonable cause;(iii)acts in gross violation of the terms of the instrument of appointment; or(6)In the eventuality of subsection (5), the Sponsor shall initiate the process of appointment of the Vice-Chancellor within ninety days from the date of the vacancy.20. The Deputy Vice-Chancellors
(1)The Council shall appoint Deputy Vice-Chancellors who shall hold office for such period as the Council may determine.(2)The Deputy Vice-Chancellors shall have such functions and powers as the Council may, by resolution, prescribe.21. The Principals of colleges and Directors of campuses within the University
(1)The Council shall, from the names proposed by the academic board for each college or campus within the University, appoint a principal or director who shall be the academic and administrative head of the college or campus and shall, under the general authority of the Vice-Chancellor, have such other powers and duties as may be provided for by the Statutes.(2)The Principal or Director shall hold office upon such terms and for such period as the Council may, by resolution, prescribe.22. The Registrar (Academic)
The Council shall appoint a Registrar (Academic) who shall have such functions and powers as the Council may prescribe in the Statutes and the instruments of appointment.23. The University Librarian
The Council shall appoint a University Librarian who shall be responsible for the promotion and co-ordination of the activities of the Library and perform all other functions as the Council may deem fit.24. The Chief Finance Officer
The Council shall appoint a Chief Finance Officer who shall be responsible for all financial transactions and control mechanisms that shall be in accordance with sound management practices and principles.25. The Dean of Students
The Council shall appoint a Dean of Students who shall be responsible for all student affairs.26. The Faculty Deans and Directors
The Council shall appoint Faculty Deans, Directors of Schools, Institutes and Centres who shall promote and co-ordinate the activities of their respective divisions.27. The performance of duties during absence or incapacity of office holder
(1)In the event of the absence or incapacity of the Vice-Chancellor, the functions of the Vice-Chancellor shall be performed by the Deputy Vice-Chancellor (Academic Affairs) and in his absence, the Deputy Vice-Chancellor who has been delegated that role by the Vice-Chancellor.(2)In the event of the absence or incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the functions of the Vice-Chancellor may be performed, during the incapacity, by a member of the academic staff of the University designated for that purpose by the Chairperson of the Council.(3)In the event of the absence or incapacity of any member of the staff of the University other than the Vice-Chancellor, the Vice-Chancellor may appoint a suitable person to perform the functions of the member during the incapacity.(4)In this section, “incapacity" means physical or mental inability to perform the functions of the office concerned.Part V – FINANCIAL PROVISIONS
28. Financial year
(1)The financial year of the University shall be the period of twelve months commencing on such day in each year as the Council may determine.(2)In the event of any change in the financial year, and for the purposes of the transition from the old financial year to a new financial year consequent upon the change, the transitional period, whether more or less than twelve months, shall be deemed, for the purposes of this Charter, to be a financial year.29. Mobilization of resources and investment of funds
The Council—(a)shall ensure sustainability and development of the university through mobilization of resources; and(b)may approve the investment of any of the funds of the University to ensure sustainable growth and development of the university.30. Annual Budget
(1)Before the commencement of a financial year, the Council shall cause the Management Board to prepare estimates of the revenue and expenditure of the University for that year.(2)The annual budget shall make provision for all the estimated expenditure of the University for the financial year concerned, and, in particular, shall provide for the—(a)payment of the salaries, allowances and other charges in respect of the staff of the University;(b)payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University;(c)proper maintenance of the buildings and grounds of the University;(d)proper maintenance, repair and replacement of the equipment and other movable property of the University;(e)funding of the cost of teaching, research and community service activities of and in the University; and(f)creation of such reserve funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Council may think fit.(3)The annual budget shall be approved by the Council before the commencement of the financial year to which it relates.(4)No expenditure shall be incurred for the purpose of the University except in accordance with the annual budget approved under subsection (3) or in pursuance of an authorization of the Council.31. External Audit
(1)The Council shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the University.(2)The accounts of the University shall be audited by an external auditor appointed by the Council.(3)Within a period of three months from the end of each financial year, the Management Board shall submit the accounts of the University to the external auditor.(4)An external auditor appointed under section 31(2) shall report directly to the Council.(5)The fee for an external auditor shall be as determined by the market forces and approved by the Council.Part VI – MISCELLANEOUS PROVISIONS
32. Statutes
(1)In the performance of its functions under this Charter, the Council shall, subject to the Universities Act and to Sapientia Christiana, make statutes for the government, control and administration of the University and for the better carrying into effect of the purposes of this Charter, and in particular for—(a)the establishment of faculties, institutes and schools of the University;(b)the description of degrees;(c)the requirements for the award of degrees;(d)the conduct of examinations;(e)prescribing fees and other charges;(f)the settlement of the terms and conditions of service including the appointment, dismissal, remuneration and retiring benefits of the members of staff of the University;(g)the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council;(h)prescribing the rules and regulations for the students' organizations;(i)providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the statutes.(2)Statutes shall only be made by a resolution passed at one meeting of the Council supported by a majority of not less than three-fourths of the members present and voting being not less than half of the total membership of the Council.33. Protection of name
(1)Notwithstanding the provisions of any other written law, no public officer performing the functions relating to the registration of companies or business names shall accept for such registration any name which includes together with the word "University", the words "Catholic" and or "Eastern Africa", unless the application for such 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 "University" together with words "Catholic" and "Eastern Africa”, in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling or profession, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a period not exceeding one month or to both such fine and imprisonment:Provided that nothing in this subsection shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of any degrees, diploma, or certificate by the University.