ADVOKS GLOBAL · KENYA
Kenyan legislation
The Charter of the University of Eastern African, Baraton
Edition: 2026-04-01 · In force
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SCHEDULE
WHEREAS the Seventh-day Adventist Church wishes to establish a private Christian non-profit institution in the name of University of Eastern Africa, Baraton;AND WHEREAS the said University of Eastern Africa, Baraton, 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 University of Eastern Africa, Baraton, are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for Higher Education is also satisfied that the University of Eastern Africa, Baraton, has complied with the provisions of the Universities Act (Cap 210), and the Univerisities 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 University of Eastern Africa, Baraton, 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;Now 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 University of Eastern Africa, Baraton.Part I – PRELIMINARY
1. Short title
This Charter may be cited as the University of Eastern Africa, Baraton, Charter.2. Interpretation
In this Charter, unless the context requires otherwise—"Act" means the Universities Act (Cap. 210);“academic staff” means any person appointed to teach, train or to do research at the University and any other employee designated as such by the Council;“academic year” means the instructional period running from the 1st of September to 31st of August the following year;"affiliated institution" means an institution with which the University has established a link in order to be able to offer courses leading to the award of a degree, diploma or certificate by the University;“Alumni” means the former students of the University who have completed and were awarded a degree, diploma or certificate by the University;“Alumni Association” means the Alumni Association established under this Charter and the Statutes;"Board of Regents" means the supreme international academic accreditation body of the Seventh-day Adventist Church;"Business Manager" means the chief financial officer of the University;"Chancellor" means the Chancellor of the University appointed under section 11;"Chairperson" means the head of a Department;"Charter" means this Charter;"Conference” means a subdivision of a Union that is financially self-supporting;"Constituency” means the executive committees of the Unions organized under the Seventh-day Adventist Church East African Union the Registrar of Societies in Kenya;"Dean" means the head of a School;"Dean of Students" means the officer in charge of student affairs other than financial matters;"Deputy Vice-Chancellor" means an administrative associate of the Vice-Chancellor;"Department" means a subdivision of a School;"Director of Education" means-the supervisor of education in a church territorial unit;"Eastern Africa Division (E.A.D.) of Seventh-day Adventist" means the territorial unit of the Seventh-day Adventist Church which comprises the following countries the following countries: Ethiopia, Djibouti, Somalia, Kenya, Uganda, Tanzania, Zambia, Malawi, Zimbabwe and Botswana;"Executive Director" means the chief administrative officer of a territorial unit of the Seventh-day Adventist Church;"Field” means a subdivision of a Union that is not financially self-supporting;"General Conference of Seventh-day Adventists” means the worldwide organization of the Seventh-Day Adventist Church head-quartered in Silver Springs, Maryland, U.S.A;"General Faculty Assembly" means a body composed of the administrators, senior staff, and all lecturers in the University;“Public university” means a university established by an Act of Parliament of the Republic of Kenya;"Registrar of Admissions and Records" means the officer who directs admission of students and the academic record-keeping processes;"Secretary" means the administrator who is second in command of a church territorial unit;"School" means the major academic subdivision of the University which is made up of constituent departments;“Sponsor” means the Seventh-day Adventist Church (East Africa) Limited, a company limited by guarantee which is the asset holding entity of the Seventh-day Adventist Church East African Union;"Statutes" means the rules enacted by the University Council for the governance of the University;“student” means a person who is registered by the University for purposes of obtaining a qualification of the University as determined by the Senate;“student association” means the student association of the University established in accordance with the provisions of the Act;"Treasurer" means the administrator Who is third in command of a church territorial unit;"Union" means the major regional territorial unit of the E.A.D.;"University" means the University of Eastern Africa, Baraton;"Vice-Chancellor" means the chief academic and administrative officer of the University of Eastern Africa, Baraton.Part II – ESTABLISHMENT, FUNCTIONS AND POWERS OF THE UNIVERSITY
3. Establishment and incorporation
(1)There shall be established a university at Baraton to be known as the University of Eastern Africa, Baraton which shall be constituted in accordance with this Charter.(2)The University shall be a body corporate by the name of the University of Eastern Africa, Baraton, 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 University of Eastern Africa formerly affiliated to Andrews University in the U.S.A., and subject to this Charter all tights, duties, obligations, assets and liabilities of the University of Eastern Africa existing at the commencement of this Charter shall be automatically and fully transferred to the University and any reference to the University 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 common seal and signification of documents
(1)The common seal of the University of Eastern Africa shall be kept in such custody as the University Council directs and shall not be used except as ordered by the University Council.(2)The common Seal of the University shall be authenticated by the signature of the Vice-Chancellor or of his designee and of a Deputy Vice-Chancellor and in the absence of the Vice-Chancellor, the Chairperson of the University Council may authenticate the seal with his signature.(3)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, and, unless and until the contrary is proved, any necessary order or authorization of the University Council under this section shall be presumed to have been duly given.5. Affiliated Colleges
The University may enter into various types of academic linkage or affiliation as approved by the University Council.6. Philosophy and objectives of the University
(1)The University is a christian institution and as such espouses and expects all its students, staff and workers to also espouse a christian philosophy of life and to conduct themselves in accordance with such of the tenets and principles of that philosophy as are part of the basic affirmation of the Seventh-day Adventist Church.(2)The foregoing philosophy gives rise to the following objectives—(a)to provide a balanced educational programme that gives each student the opportunity to develop spiritually, mentally, physically and socially;(b)to encourage the student to understand, appreciate and adopt a christian lifestyle and value through appropriate religious instruction in the classroom, a variety of religious services and activities and the development of an atmosphere on campus where christian principles find practical expression in all relationships;(c)to help the student to strive for mental excellence by maintaining a faculty of well-qualified teachers who can guide the student in the pursuit of knowledge, assisting the student to develop intellectual curiosity, and an intense desire to reach the highest level of professional skill; and helping the student to refine his or her analytical abilities, thus promoting individuality and a proper measure of self-reliance.(d)to assist the student to achieve and maintain physical health by guiding to a fuller understanding of healthful living, helping him to appreciate the dignity of labour and to recognize the value of manual work, providing appropriate sports activities and encouraging the adoption of a personal exercise programme, and providing healthful food and living quarters;(e)to prepare the student to become a useful member of society by promoting understanding and acceptance of persons from various backgrounds in the University community, helping to develop social skills that make for harmonious human relationships, emphasizing christian service as the goal of life encouraging the application of knowledge within the student's societal context, and showing sensitivity to environmental concerns;(f)to prepare the student for an active role in the mission of the Seventh-day Adventist church and a service-centred vocation and profession which would contribute to the betterment of society;(g)to provide adequate equipment and facilities for a high quality education, such as library resources, laboratories, research facilities, classrooms and buildings to support various curricula.7. Functions
(1)The functions of the University shall be—(a)to formulate rules and procedures for its own government and financial support;(b)to provide for the establishment of affiliated colleges, Schools, Department and such other institutions and facilities as the University Council might designate;(c)to provide for the appointment and job descriptions of personnel to assist in the governance of the University;(d)to maintain a record of its proceedings;(e)to provide facilities for university education, including technological and professional education, and for research either directly or through the medium of affiliated colleges, schools or department;(f)to assist in the preservation, transmission and increase of knowledge and in the stimulation of the intellectual life and cultural development of the students;(g)to conduct examinations for, and to grant degrees, diplomas, certificates and other awards of the University;(h)to determine the curriculum to be taught by and the qualifications of lectures;(i)to co-operate with the Ministry of Education of the Republic of Kenya, in the development of higher education;(j)to revise or discontinue existing programmes as well as to examine and approve proposals for school, departments, degree courses, or subjects of study; and(k)to provide for the harmonious development of the whole man through a balanced programme of mental, spiritual, and social studies, activities and experiences.(2)Subject to the Act and this Charter the criteria for admission to the University shall be such minimum criteria including those relating to mature age candidates from other countries or its equivalent time be for those coming from other countries as may from time to determined in respect of public universities.(3)The University shall be open to any student irrespective of background, religion, sex or socio-economic status who desires a high quality education and who is willing to co-operate with the University and be comfortable within its atmosphere:Provided that nothing herein shall preclude the University from exercising a special responsibility towards fits constituency, the Seventh-day Adventist Church.8. Degrees, diplomas, certificates and other awards
(1)Subject to the provisions of this Charter, the University of Eastern Africa, Baraton, may—(a)confer the degree of Bachelor, Master, Doctor and such other degrees as may be provided for in the statutes; and(b)grant diplomas or certificates or other awards.(2)The provision of subsection (1) shall apply to any degree, honoris causa, which the University may wish to confer upon a person who has rendered, distinguished service in the advancement of any branch of learning.(3)A graduation ceremony at which degrees are conferred shall be held on the campus of the University at least once a year be conducted in accordance with the following procedure—(a)the presiding officer shall be the Vice-Chancellor, or in his absence the Deputy Vice-Chancellor;(b)it shall be the responsibility of the Registrar of admissions and records to certify that each candidate for a special degree has satisfied all the requirements for that degree and has paid prescribed fees;(c)the certified list of candidates for degrees shall be subject to the review and approval of the administration and faculty meeting in convocation for this purpose; and(d)the procedure for conferring degrees, the academic regalia to be worn and other necessary details shall be prescribed in the Statutes.Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
9. Membership
The members of the University shall be—(c)the Deputy Vice-Chancellors;(f)the Registrar of Admissions and Records;(g)the Principal, of each Affiliated College;(h)the Members of the University Council;(i)the Professors and Lecturers of the University;(l)such other members of staff of the University, the alumni, or any other body formally admitted into association with the University.10. Governance
The governance and control of the University shall rest in the following bodies—(c)the University Council;(d)the Administrative Board;(e)the General Faculty Assembly; and11. The Chancellor
(1)There shall be a Chancellor of the University who shall be appointed by the Board of Trustees.(2)A person is qualified for appointment as a Chancellor if the person—(a)meets the requirements under section 38 of the Act; and(b)has a doctorate or a masters from a recognized university.(3)The Chancellor shall hold an office for a term of five years and shall be eligible for re-appointment for one further term.(4)The Chancellor—(a)shall continuously promote the University’s holistic progress and advancement in accordance with the University Christian philosophy, this Charter and the Statutes;(b)shall be titular head of the University and may, in the name of the University, confer degree and grant diplomas, certificate and other awards of the University;(c)may from time to time recommend to the Board of Trustees a visitation of the University;(d)may from time to time give advice to the Council and the Board of Trustees which the Chancellor considers necessary for the betterment of the University.(5)In the absence of the Chancellor, the Chairperson of the Council may perform the functions of the Chancellor for a period not exceeding three months.12. The Sponsor
(1)The Sponsor shall—(a)appoint members of the Board of Trustees;(b)raise funds for the University;(c)receive reports on the operation and progress of the University from the Vice-Chancellor through the Chairman of the Council and to determine whether the purpose and objectives for which the University was established are being met;(d)promote the objects of the University;(e)provide oversight on the management and financing of the University; and(f)be the custodian of the assets of the University.12A. Board of Trustees
The Board of Trustees shall—(a)appoint the Chancellor of the University;(b)assist the Sponsor raise funds for the benefit of the University;(c)promote the objects of the University; and(d)appoint members of the Council of the University.13. The Council
(1)There shall be a Council of the University which shall comprise members of the Seventh-day Adventist Church in good standing.(2)The membership of the Council shall comprise—(a)the President of any of the unions, who shall be the Chairperson;(b)the Executive Secretary of any of the unions, who shall be the Vice-Chairperson;(c)the Vice-Chancellor, who shall be the Secretary;(d)the Division Director of Education, who shall an ex officio member;(e)the President of the host Field or Conference;(f)the treasurer of any union, conference or mission;(g)the Director of Education of any union, conference or mission on rotational basis;(h)the Lay representative of any union, conference or mission, who shall be an academic;(i)the Lay representative of any Union, Conference or Mission, who shall have experience in health sciences;(j)the Lay representative of any Union, Conference or Mission, who shall the legal advisor;(k)the Lay representative of any Union, Conference or Mission, who shall be a corporate;(l)the Lay representative of any Union, Conference or Mission, who shall have experience in finance matters;(m)the Alumni President or a designated representative;(n)the University Faculty and staff representative; and(o)any one of the Union Conference or Mission Executive Secretaries.(3)The Council shall—(a)employ staff of the University;(b)approve the Statutes and policies of the University;(c)approve the University budget;(d)establish schools, campuses, constituent colleges and affiliate colleges;(e)approve requirements for awarding certificates, diplomas, degrees, post graduate diplomas, masters, doctorates and honorary degrees;(f)approve the description of certificates, diplomas, degrees, post graduate diplomas, masters, doctorates and honorary degrees;(g)approve any changes to the academic bulletin, employees’ handbook and students’ handbook as recommended by the Senate;(h)ensure the operation of the University as a whole and all its departments are in harmony with the general policies of the Seventh-day Adventist Church;(i)establish and ensure that operational policies and purposes of the University are being realized;(j)provide facilities and to maintain physical facilities adequate to meeting the needs of the planned students’ enrolment in the various academic and vocational program which shall be adopted;(k)make such other appointments, paid or honorary, as may be necessary for the operation of the University;(l)set rates for tuition, boarding, room, fees and the policies governing financial and scholarship relationships of the students to the University in consultation with the Senate;(m)approve the financial record system of the University and to require an audit of these accounts annually by independent auditors;(n)receive, review and approve periodical financial statements of the University’s operation;(o)administer the property and funds of the University both movable and immovable in a manner and for purposes which shall promote the best interest of the University;(p)receive on behalf of the University donations, endowments and grants;(q)present a report of the operations of the University to the Board of Trustees through the Vice-Chancellor; and(r)approve rules and regulations for student associations.14. The University Management Board
(1)There shall be a University Management Board whose membership shall consist—(a)the Vice-Chancellor, who shall be the Chairperson;(b)the Deputy Vice-Chancellor (Academics & Student Affairs), who shall be the Vice Chairperson;(c)the Deputy Vice-Chancellor (Finance, Planning and Administration);(e)the Registrar (Academic), who shall be the Secretary;(f)the Human Resource Manager;(g)the Chief Finance Officer;(h)the University Chaplain;(i)the Director, Quality Assurance; and(j)the Chief Legal Officer.(2)The University Management Board shall—(a)implement the University policies and the Council decisions;(b)carry out the day-to-day operations of the University;(c)make recommendations to the University Council;(d)handle any other matter related to the running of the University; and(e)recommend annual budget to the University Council;15. The Senate
(1)There shall be a Senate of the University whose membership shall comprise—(a)the Vice-Chancellor, who shall be the Chairperson;(b)the Deputy Vice-Chancellor (Academics & Student Affairs), who shall be the Vice-Chairperson;(c)the Registrar (Academic), who shall be the Secretary;(d)the Deputy Vice-Chancellor (Finance, Planning and Administration);(f)the Director of Development and Alumni Affairs;(j)the Chairpersons of academic departments;(k)a representative not below the rank of a lecturer from each school selected by the faculty of the school;(l)the Human Resource Manager;(m)the Director of Affiliations, Linkages and Extension Programs;(n)the Director of Graduate Studies;(o)the Director of Research and Publications;(p)the General Manager of the University Industries;(q)the Chairperson of the student association;(r)the Secretary General of the student association;(s)the Director of Quality Assurance;(t)the University Professors;(u)the Director of Corporate Affairs; and(v)the heads of affiliated institutions and extension campuses.(2)The Senate shall—(a)recommend to the Council the approval of academic programs;(b)recommend to the Council the review of curricula;(c)serve as the final academic board of examiners for graduating seniors as recommended by Boards of Examiners at Department and School levels;(d)recommend to the Council academic and related policies;(e)review existing policies and set new policies on broad academic related issues;(f)recommend to the Council statutes on social, spiritual and academic policies;(g)receive reports on the operation of any aspect of the University as deemed necessary;(h)receive reports from faculty members who are engaged in research projects and publications; and(i)consider such other matters as may be delegated to it by the University administration.16. Committees
The University Council may, by statute, establish such Committees as are necessary for the efficient discharge of the educational functions of the University.Part IV – ADMINISTRATION OF THE UNIVERSITY
17. The officers of the University
(1)The officers of the University shall be—(a)the Vice-Chancellor; and(b)the Deputy Vice-Chancellors.(2)The associate officers of the University shall be—(b)the Chief Finance Officer;(d)the University Chaplain;(e)the Director of Development and Alumni Affairs;(f)the Human Resource Manager;(h)the University Industries Managers;(i)the Director of Quality Assurance; and(j)the Director of Corporate Affairs.18. The Vice-Chancellor
(1)There shall be a Vice-Chancellor of the University who shall be the Chief Executive Officer of the University and shall be responsible to the Council.(2)The Vice-Chancellor shall hold office for a term of five years and shall be eligible for re-appointment for one further term.19. The Deputy Vice-Chancellors
(1)There shall be a Deputy Vice-Chancellor (Academic and Student Affairs), who shall be the administrative associate of the Vice-Chancellor responsible for academic affairs and who shall have such other functions and powers as shall be specified in the Statutes.(2)There shall be a Deputy Vice-Chancellor (Finance, Planning and Administration), who shall be the administrative associate of the Vice-Chancellor responsible for the University business administration, financial and planning matters and shall have such other functions and powers as shall be specified in the Statutes.(3)The Deputy Vice-Chancellors shall hold office for a term of four years and shall be eligible for re-appointment for one further term.20. Deleted by L.N. 59/2026, s. 13.
21. Deleted by L.N. 59/2026, s. 14.
21A. The students’ association
(1)There shall be a students’ association which shall comprise all students of the University.(2)The students’ association shall be under the supervision and direction of the Deputy Vice-Chancellor (Academic & Students Affairs).(3)The students’ association shall be administered by a council which shall be elected in accordance with the Act.(4)The functions of the student council shall be as specified in the Act.22. Deleted by L.N. 59/2026, s. 15.
Part V – FINANCIAL PROVISIONS
23. Funds and resources
The funds and resources of the University shall be derived from the following sources—(a)annual grants and appropriations from the Eastern Africa Division of the General Conference;(b)endowments, gifts and trusts;(d)income from University auxiliary enterprises and investments;(e)such other sources as the University may from time to time identify.24. Budgeting
(1)Before the commencement of a financial year the Vice-Chancellor shall, through the office of the Business Manager, and in consultation with the Deputy Vice-Chancellor and other personnel, prepare a budget detailing the estimated revenues and expenditure during the financial year.(2)The annual budget shall be presented to the University Council for approval.25. Accounts and audit
The financial records of the University shall be audited annually by the auditing service of the Seventh-day Adventist Church.Part VI – MISCELLANEOUS PROVISIONS
26. Statutes
(1)The University Council shall have power, subject to the provisions of the Act and of this Charter, to make statutes generally for the governance, control and administration of the University, for the better carrying into effect of the purposes of this Charter, and for all purposes connected therewith, and in particular for—(a)the establishment of schools, institutes, affiliated colleges of the University;(b)the description of degrees;(c)the requirements for the awarding of degrees;(d)the conduct of examinations;(e)prescribing fees and boarding charges;(f)settling the terms and conditions of service, including appointments, dismissals, remuneration and retiring benefits of members of the staff of the University;(g)the composition and procedures of the University Council, and the establishment, composition and terms of reference of the committees of the Council;(h)prescribing the rules and regulations for the student form;(i)providing for or prescribing anything which, under this Charter, may be provided for or prescribed by the Statutes.(2)Notwithstanding the provisions of subsection (1) of this section, the Council shall not make, amend, or revoke any provisions relating to the functions or privileges of the Chancellor, the Vice-Chancellor, or the General Faculty Assembly without first ascertaining the opinion of the General Faculty Assembly thereon.(3)Statutes shall only be made by a resolution passed at one meeting of the University Council by at least three-fourths of the members present and voting such majority being not less than half of the total membership of the Council and confirmed at a subsequent meeting not less than one, nor more than twelve months thereafter.(4)Statutes made under this Charter may be published by the Council in the Kenya Gazette but Section 27, 31(e) and of the Interpretation and General Provision Act (Cap. 2) shall not apply to the Statutes made under this Charter.(5)Any Statute under this Charter may be revoked by a two-thirds of the total membership of the Council.27. 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 "Eastern Africa", and/or "Baraton", 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 the words "Eastern Africa, Baraton" 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 degree, diploma, or certificate by the University.