AGADVOKS GLOBALKENYA · ENGLISH
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The Charter for the East African University

17. The Council

Edition: 2022-12-31 · In force

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17. The Council

(1)There shall be a Council of the University which shall be appointed by Board of Trustees.
(2)The membership of the Council shall comprise of—
(a)the Chairperson who shall be a professor with ten years’ experience in management of university education;
(b)one person of integrity and wide experience in finance who shall be a member of good standing of the Institute of Certified Public Accountants of Kenya for over seven years;
(c)one person holding a leadership position in the public or private sector appointed by the Board of Trustees;
(d)one person appointed by the Sponsor from amongst its shareholders or directors;
(e)two senior academic scholars, not being employees of the University, with a rank of an associate professor and at least ten years’ experience in management of university education;
(f)the Vice-Chancellor, who shall be an ex officio member.
(3)The Council may co-opt such other persons whose skills or experience are necessary for the purposes of the functions of the Council for such period as it may deem appropriate.
(4)The members of the Council, other than ex officio members, shall hold office for a term of three years and shall be eligible for re-appointment for one further term.
(5)The office of a member of Council shall become vacant if the member—
(a)not being an ex officio member, resigns from office in writing addressed to the Vice-Chancellor;
(b)is, by reasons of physical or mental infirmity, unable to exercise the functions of his office to the satisfaction of the Council;
(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 guilty of gross misconduct;
(e)fails to meet the requirements of Chapter Six of the Constitution; or
(f)dies.
(6)Where the office of a member of the Council becomes vacant, the Vice-Chancellor shall forthwith notify the vacancy to the appointing authority.
(7)The procedure, conduct and regulations of the affairs of the Council shall be determined in accordance with this Charter and the Statutes.
(8)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.
(9)The members of the first Council, other than the ex officio members, shall at the first meeting after their appointment determine by lot which of their numbers shall vacate office after a period of three and four years respectively to ensure continuity in the activities of the Council.
(10)The functions of the Council shall be to—
(a)formulate the policies of the University;
(b)recruit, promote or dismiss staff of the University;
(c)with the approval of the Board of Trustees, receive donations, endowments, gifts, grants or other monies and authorise disbursements;
(d)open bank accounts for the funds of the University;
(e)provide for the welfare of staff and students of the University;
(f)ensure that a proper management structure is in place and make sure that the structure, functions to maintain corporate integrity, reputation and responsibility.
(g)monitor and evaluate the implementation of strategies, policies, and management criteria and plans of the University.
(h)review the viability and financial sustainability of the University, and shall do so at least once every year.
(i)in consultation with the Board of Trustees and the Sponsor, administer the property and funds of the University in a manner and for the purposes which shall promote the interest of the University. However, the Council shall not charge or dispose of immovable property of the University except in accordance with the procedures laid down by the Board of Trustees and the Sponsor;
(j)receive, on behalf of the University, donations, endowments, gifts, grants or other moneys and make disbursements there from to the University or other bodies or persons;
(k)provide for the welfare of staff and students of the University; enter into association with other universities, university colleges or other institutions of learning, whether within Kenya or otherwise, as the Council may deem necessary and appropriate as provided;
(l)approve regulations governing the conduct and discipline of the students of the University;
(m)approve regulations governing the conduct and discipline of the staff of the University;
(n)raise funds and secure financial support for the University;
(o)determine University fees and other charges;
(p)establish scholarships, bursaries and other awards;
(q)approve the terms and conditions of service and criteria for recruitment, appointment and promotion of staff;
(r)approve the regulations governing staff and student conduct;
(s)approve academic affiliations and associations with other colleges and institutions;
(t)establish its Committees;
(u)establish university colleges, campuses, departments, faculties, schools, institutes and any other teaching facility.
(v)approve the statutes of the University and cause them to be published in the Kenya Gazette;
(w)approve the annual University budget;
(x)appoint Vice-Chancellors, Deputy Vice-Chancellors and principals of Constituent Colleges through a competitive process in consultation with the Board of Trustees and the Sponsor;
(y)confer after receiving a report from the Senate, the title of Emeritus Professor, Visiting Professors, Honorary Professor, Honorary Lecturer or Honorary Fellow;
(z)in consultation with the Board of Trustees and the Sponsor, promote and make financial provisions and facilities for the execution of the functions of the University;
(aa)in consultation with the Board of Trustees and the Sponsor and subject to the laid down procedures, to approve the sale, purchase, exchange, or lease, or take on lease any movable and immovable property on behalf of the University;
(bb)subject to the laid down procedures and in consultation with the Board of Trustees and the Sponsor, 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;
(cc)receive, on behalf of the University, donations, endowments, gifts, development grants or other moneys and make legitimate disbursements wherefrom in consultation with the Board of Trustees and the Sponsor;
(dd)approve the constitution of the Students’ Association and so far as is reasonably practicable, ensure that the Students’ Association operates in a fair and democratic manner;
(ee)ensure that the University complies with all the relevant laws, regulations, governance practices, accounting and auditing standards; and
(ff)undertake any other functions as stipulated in the Act, this Charter and the Statutes.
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Source: Kenya Law