Kenyan legislation

The Charter to Establish Kenya Methodist University

Edition: 2022-12-31 · In force

Browse sections

SCHEDULE

WHEREAS the Methodist Church in Kenya, the sponsor of Kenya Methodist University, situated in the Republic of Kenya, wishes to establish an institution in the name of Kenya Methodist University;AND WHEREAS the Kenya Methodist University 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 Kenya Methodist University are consistent with the advancement of university education in Kenya;AND WHEREAS the Commission for Higher Education is also satisfied that the Kenya Methodist University has complied with the provisions of the Act, and the Universities (Accreditation, Standardization and Supervision) Rules 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 Kenya Methodist University, 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, Mwai Kibaki, President and Commander-in-Chief of the Armed Forces of the Republic of Kenya, hereby grant the Charter annexed hereto to Kenya Methodist University.

Part I – PRELIMINARY

1. Short title

This Charter may be cited as the Kenya Methodist University Charter.

2. Interpretation.

In this Charter, unless the context otherwise requires—"academic staff" means all persons employed by the University on academic terms of service;"Act" means the Universities Act (Cap. 210);"Alumni Association" means the alumni association of the University established by section 15;"Board of Trustees" means the Kenya Methodist University Board established under the Deed registered on 11th April, 1991, under the Trustees (Perpetual Succession) Act (Cap. 164) and any amendment to the Trust Deed shall be deemed to be an amendment to this Charter;"Chancellor" means the Chancellor of the University referred to in section 11;"Commission" means the Commission for Higher Education established under the Act;"constituent college" means a constituent college of the University established in accordance with section 4;"Council" means the University Council established under section 13;"Management Board" means the University Management Board established by section 17;"Senate" means the Senate of the University established by section 14;"Statutes" means the rules made by the Council in accordance with section 30;"student" means a person registered by the University for the purpose of obtaining an academic qualification of the University or any other person determined by the Senate to be a student;"University" means the Kenya Methodist University established under section 3;"Vice-Chancellor" means the Vice-Chancellor of the University appointed under section 16.

Part II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

3. Establishment and Incorporation of the University

(1)There is established a university, to be known as Kenya Methodist University which shall be constituted in accordance with this Charter.

(2)The University shall, through the Council and in consonance with this Charter, exercise overall responsibility over its governance and future development.

(3)The University shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—

(a)purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property;

(b)borrowing or lending money;

(c)suing and being sued;

(d)receiving bequests and gifts for the furtherance of the objects and functions of the University;

(e)entering into contracts; and

(f)doing or performing all such other transactions or acts for the furtherance of the provisions of this Charter, which may be lawfully done or performed by a body corporate.

(4)Unless otherwise specified by the Statutes, the main campus of the University shall be located at Land Reference Number Nyaki/Mulathankari/1605 in Meru.

(5)The University is the successor to the Methodist Training Institute and Kaaga Rural Training Centre, and subject to this Charter, all rights, duties, obligations, assets and liabilities of the Methodist Training Institute and of Kaaga Rural Training Centre existing at the commencement of this Charter or held by any other body on behalf of the Methodist Training Institute or of Kaaga Rural Training or any assets or liabilities held by the Board of Trustees on behalf of the University shall be automatically and fully transferred to the University and any reference to the Methodist Training Institute or Kaaga Rural Training Centre in any contract or document shall for all purposes be deemed to be a reference to the University.

4. Affiliation of Institutions

(1)The University may, subject to approval by the Commission, enter into affiliations or academic linkages with any individual, group or institution as provided for in the Statutes.

(2)Upon resolution of the Council and approval by the Commission, the Chancellor may, by notice in the Kenya Gazette—

(a)establish any college as a constituent college of the University;

(b)declare an institution of higher learning or any training establishment to be a constituent college of the University.

5. Vision, Mission, Philosophy and Objectives

(1)Guiding Principles

(a)The University shall be dedicated to the furtherance of the Christian Faith and promotion of the activities required for the restoration of relationship between human beings and God the Creator and shall strive to apply Christian principles and practical evangelism in all its endeavours.

(b)The University shall admit any student irrespective of nationality, race, religion, sex or socio-economic background who desires higher education, meets the admission requirements and is willing to abide by the policies and procedures of the University and its religious, social and cultural atmosphere.

(2)PhilosophyThe University’s philosophy is to foster the intellectual, spiritual and physical development of the wholesome individual in order to recognise and utilise the available opportunities for enhancement of human development with the appropriate recognition and respect for other creations.

(3)MissionThe mission of the University is to provide a setting for development of intellect, skills, attitudes and values through quality teaching and learning, to promote discovery and application of knowledge through research and to provide service and stewardship to others.

(4)ObjectivesThe University’s mission is achieved through the following objectives—

(a)providing quality training through provision of scholarship, advancement of knowledge, research and development of specialised activities in the University;

(b)producing effective graduates with the appropriate practical and specialised skills, attitudes and values required for personal growth and advancement of responsible citizens in the global environment;

(c)participating in community service.

6. Functions of the University

The functions of the University shall be to—

(a)promote and maintain an institution of higher learning offering high quality education through courses of instruction, studies, research and services to individuals, groups and the community;

(b)participate in discovery, collection, processing and dissemination of knowledge for the betterment of humankind and to provide opportunity for development of intellectual activities, academic freedom and scholarly acumen;

(c)determine what may be taught, how it may be taught and who may teach at the University;

(d)establish divisions, colleges, schools, campuses, institutes, faculties, departments, sections or any other administrative units and to provide facilities and equipments to support academic programmes, research and services;

(e)conduct examinations and award degrees, diplomas, certificates and other awards of the University;

(f)establish linkages, affiliations or collaborative ventures with individuals, groups or institutions, private or public, in support of research, teaching or service activities of the University;

(g)foster development of good neighbourliness and promote intellectual and social interaction between the University, other institutions and members of the public;

(h)strive to acquire knowledge and skills that enhance the global understanding and co-operation among people, improve the human environment and conserve nature for the benefit of human beings and all creation.

7. Conferment and revocation of degrees, diplomas, certificates and other awards

(1)Subject to the provisions of this Charter, the University shall have power to—

(a)confer the degrees of such kind as may be provided for in the Statutes;

(b)award diplomas, certificates and other awards;

(c)confer an honorary degree (honoris causa) or academic distinction which the University may wish to confer or award upon 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.

(2)The University, on recommendation of the Senate, may revoke any degree or other awards of the University, if subsequent upon conferment or award, the University is satisfied that—

(a)such conferment or award was contrary to any regulations prescribed in the Statues; or

(b)the qualification was obtained through fraudulent or other improper means.

(3)Graduation ceremonies at which degrees or other awards of the University are conferred shall be held and conducted in accordance with the procedures prescribed by the Senate.

8. Common seal

(1)The common seal of the University shall be kept in such custody as the Council shall direct and shall not be used except as the Council shall authorise.

(2)The common seal of the University shall be authenticated by the signature of the Vice-Chancellor and one other person authorised by the Council.

(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 the contrary is proved, any necessary order or authorisation of the Council under this section shall be presumed to have been duly given.

Part III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY

9. Membership

The membership of the University shall consist of—

(a)the Chancellor;

(b)the Board of Trustees;

(c)the members of the Council;

(d)the Vice-Chancellor;

(e)the Deputy Vice-Chancellors;

(f)the Principals of constituent colleges;

(g)Registrars;

(h)Deans;

(i)Financial Controller;

(j)Librarian;

(k)Chaplain;

(l)staff of the University;

(m)students;

(n)an association recognised by the Council whose primary objective is to support the development of the University; and

(o)such other persons as may be determined by the Council.

10. Governance

The governance and control of the University shall vest in the following persons and bodies—

(a)the Chancellor;

(b)Board of Trustees;

(c)the Council;

(d)the Vice-Chancellor;

(e)the Senate; and

(f)the Alumni Association.

11. Chancellor

(1)The Chancellor shall be the titular head of the University.

(2)The Presiding Bishop of the Methodist Church in Kenya shall be the Chancellor of the University, and shall hold office for as long as he remains the Presiding Bishop of the Methodist Church in Kenya.

(3)The Chancellor shall—

(a)promote the corporate image of the University;

(b)preside over graduation ceremonies of the University and confer degrees, grant diplomas, certificates and other awards;

(c)provide pastoral and spiritual oversight over the University;

(d)direct internal inspections and visitations of the University; and

(e)enjoy such powers and privileges and perform functions as provided for in the Statutes.

12. Board of Trustees

The Board of Trustees shall—

(a)promote the interests of the Methodist Church of Kenya;

(b)raise funds for the University;

(c)promote the aims and objectives of the University;

(d)appoint members of the council and their allowances and honoraria.

13. Council

(1)There shall be a University Council, which shall have the overall responsibility over the governance and operations of the University.

(2)The total membership of the Council shall be at least eleven and not more than fifteen members appointed by the Board of Trustees.

(3)The Council shall consist of—

(a)not more than two Ministers of the Methodist Church in Kenya with university experience;

(b)one person representing the academic staff;

(c)one prominent academician either in education, business or any other relevant profession;

(d)not more than two ecumenical representatives;

(e)one representative of any associations established under the Statutes;

(f)one representative of affiliated institutions;

(g)two members of the Board of Trustees;

(h)one person as the Board of Trustee may deem appropriate;

(i)such other persons as the Council may co-opt provided that the total number of members of the Council shall be odd numbers.

(4)The Board of Trustees shall appoint a chairperson of the Council from any of the persons set out in subsection (3).

(5)The Vice-Chancellor shall be an ex officio member and secretary to the Council.

(6)The Deputy Vice-Chancellors and Principals of constituent colleges shall be ex officio members of the Council.

(7)A member of the Council shall hold office for a period of three years and shall be eligible for re-appointment.

(8)The functions of the Council shall be—

(a)to promote aims and objectives of the University;

(b)ensure quality, integrity and smooth operations of the University;

(c)approve academic policies and procedures of the University;

(d)approve administrative, financial and development policies of the University;

(e)determine fees and other charges payable at the University;

(f)receive reports from the Senate;

(g)ensure prudent management of the University;

(h)approve annual budgets for the University on recommendation of the Management Board;

(i)ensure accountability of the University funds;

(j)approve tenders for expenditure by the University;

(k)make policy guidelines relating to terms and conditions of service of the staff and their welfare;

(l)provide for the welfare of students;

(m)receive, on behalf of the University, gifts, donations, grants or other money and to make disbursements therefrom;

(n)appoint senior officers of the University;

(o)promote discipline among staff and students of the University;

(p)formulate or approve rules, regulations or Statutes of the University;

(q)approve affiliations, collaborations and co-operation with other universities and other institutions.

(9)The Council may appoint committees that shall carry out specific functions as it shall deem fit.

(10)The Council shall administer the property and funds of the University, in such manner and for such purposes as shall, in its opinion, promote the best interests of the University.

(11)The Council shall meet at least two times per year and shall maintain records of its deliberations.

(12)The quorum for a meeting of the Council shall be half of all the members.

(13)The Council shall govern the conduct of its proceedings.

14. Senate

(1)There shall be a Senate of the University which shall consist of—

(a)the Vice-Chancellor;

(b)the Deputy Vice-Chancellors;

(c)the Principals of the constituent colleges;

(d)the Registrars;

(e)the Deans;

(f)the Financial Controller;

(g)the University Librarian;

(h)the University Chaplain;

(i)the Heads of Departments;

(j)two representatives of the student association;

(k)one representative of the staff association;

(l)one representative of faculties or schools; and

(m)such other person as the Senate may co-opt.

(2)The Vice-Chancellor shall be the chairperson of the Senate.

(3)The Registrar for the time being in charge of academic affairs shall be secretary to the Senate.

(4)The functions of the Senate shall be to—

(a)develop, approve and implement academic programmes;

(b)propose to the Council academic and development policies and plans of the University;

(c)develop policies and criteria for the admission of students;

(d)approve nomenclature of degree, diploma, certificate and other awards;

(e)receive and approve examinations results;

(f)institute, implement and supervise all matters related to the academic affairs of the University;

(g)formulate for approval by the Council rules, regulations and procedures for university examinations;

(h)determine persons qualified to be awarded degrees, diplomas, certificates and other awards;

(i)formulate and recommend to the Council regulations governing the conduct and discipline of staff and students of the University;

(j)recommend to the Council appointments and promotions criteria of academic staff;

(k)recommend to the Council changes in the Statutes and certificates;

(l)approve the academic calendar;

(m)promote the development of the Library, guidelines and information services;

(n)recommend to Council affiliations, collaborations and co-operation with other universities and institutions of higher learning; and

(o)administer scholarships, fellowship and other academic awards.

(5)The Senate shall recommend to the Council any amendments to the Statutes and make regulations governing such matters as are within its powers in accordance with this Charter.

(6)The Senate shall establish such committees as it deems necessary for efficient and effective discharge of its functions.

(7)The Senate shall receive and deliberate on the reports from the committees and constituents colleges.

(8)The Senate shall govern the conduct of its meetings.

15. Alumni Association

(1)There shall be an Alumni Association of the University which shall consist of graduates of the University and such other persons as may be specified by the Statutes.

(2)The functions of the Alumni Association shall be to—

(a)bring together graduates and former students of the University;

(b)engage in fund raising activities to assist the University; and

(c)promote the University’s welfare and image.

(3)The Alumni Association shall govern the conduct of its proceedings.

Part IV – ADMINISTRATION OF THE UNIVERSITY

16. Vice-Chancellor

(1)There shall be a Vice-Chancellor appointed by the Council who shall be the chief executive of the University.

(2)The Vice-Chancellor shall hold office for a period of five years and shall be eligible for re-appointment for another term of five years.

(3)The Vice-Chancellor shall report to the Council and shall—

(a)direct, promote and co-ordinate the activities of the University;

(b)be responsible for academic, administrative, financial and development policies, procedures and functions;

(c)be the accounting officer of the University;

(d)act as the representative of the University and be its spokesman in its external relations; and

(4)The Vice-Chancellor shall have such other powers and duties as may be provided for in the Statutes.

17. Management Board

(1)There shall be a Management Board of the University consisting of—

(a)the Vice-Chancellor, who shall be the chairperson;

(b)the Deputy Vice-chancellors;

(c)the Registrars;

(d)the Financial Controller;

(e)the University Librarian;

(f)the University Chaplain;

(g)the Principals of colleges and schools; and

(h)any other persons co-opted by the University Management Board as it may deem necessary.

(2)The Registrar for the time being in charge of administrative matters shall be the secretary to the Management Board.

(3)The functions of the Management Board shall be to assist the Vice-Chancellor in overseeing the implementation of policies and management of the University and in particular but not limited to matters relating to—

(a)financial operations;

(b)preparation of budget;

(c)personnel management;

(d)capital development; and

(e)students and staff welfare.

(4)Subject to this Charter, the Management Board shall regulate its own procedure and the conduct of its own business.

18. Deputy Vice-Chancellors

(1)There shall be such number of Deputy Vice-Chancellors as may be determined and appointed by the Council in accordance with the Statutes.

(2)A Deputy Vice-Chancellor shall report to the Vice-Chancellor and shall exercise such powers and perform such duties as may be provided for in this Charter and in the Statutes.

(3)A Deputy Vice-Chancellor shall hold office for a period of three years and shall be eligible for re-appointment.

19. Principals of constituent colleges

(1)There shall be such number of Principals of constituent colleges as may be determined and appointed by the Council.

(2)A principal of a constituent college shall serve as the executive head of the constituent college and perform other duties as may be conferred by the Statutes.

(3)A principal of a constituent college shall hold office for a period of three years and shall be eligible for re-appointment.

20. Registrars

(1)There shall be such number of registrars as may be determined and appointed by the Council.

(2)The registrars shall serve in accordance with the Statutes.

21. University Librarian

(1)There shall be a University Librarian who shall be appointed by the Council.

(2)The terms of service and duties of the University Librarian shall be provided for in the Statutes.

22. Deans

(1)There shall be such number of Deans of the University as may be determined and appointed by the Council in accordance with the Statutes.

(2)A Dean shall hold office for a period of three years and shall be eligible for re-appointment.

(3)A Dean shall perform such duties as shall be provided for in the Statutes.

23. Financial Controller

(1)There shall be a Financial Controller who shall be appointed by the Council.

(2)The terms of service and duties of the Financial Controller shall be provided for in the Statutes.

(3)The Financial Controller shall report to the Vice-Chancellor.

24. University Chaplain

(1)There shall be a University Chaplain who shall be appointed by the Council on recommendation of the Methodist Church in Kenya.

(2)The terms of service and duties of the University Chaplain shall be provided for in the Statutes.

(3)The University Chaplain shall report to the Deputy Vice-Chancellor for time being in charge of academic affairs.

25. Performance of duties during the incapacity of an office bearer

(1)In the event of incapacity of the Vice-Chancellor, the functions of the office of the Vice-Chancellor shall be performed by one of the Deputy Vice-Chancellor as designated by the Vice-Chancellor or such other senior officer as the Vice-Chancellor shall appoint and in the event that the Vice-Chancellor is incapable of designating, by the Council.

(2)In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellor, the Council may appoint from among the senior staff any person to perform the duties of the Vice-Chancellor during the period of incapacity.

(3)In the event of the incapacity of a member of staff of the University other than the Vice-Chancellor, the Vice-Chancellor may appoint a suitably qualified person to perform the duties of the member of staff during the period of incapacity.

(4)In this section, "incapacity" means the inability to perform duties of an office for whatever reasons including physical or mental infirmity, bankruptcy and absence from office.

Part V – FINANCIAL PROVISIONS

26. Financial year, estimates and budget

(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.

(3)Before the commencement of a financial year the Vice-Chancellor shall, through the Management Board, cause to be prepared a budget detailing the estimated revenues and expenditure during the financial year and these estimates shall be presented to the Council for approval at least three months before the commencement of the financial year.

(4)The annual estimates shall make provision for all the estimated expenditure of the University for the financial year concerned, and in particular shall provide for—

(a)payment of 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 and research activities of and the University;

(f)development and expansion of buildings, equipment and programmes; and

(g)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 consider appropriate.

27. 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 annually by a qualified auditor appointed by the Council.

(3)Within a period of six months after the financial year the auditor shall report on the examination and audit of the accounts of the University to the Council.

28. Funds and resources

(1)The funds and resources of the University shall be derived from—

(a)tuition, fees and other charges;

(b)income from University auxiliary enterprise and investments;

(c)endowments, gifts, trusts and bequests; and

(d)such other sources as the University may from time to time identify.

(2)The Council may invest any of the University funds in securities in which for the time being the Board of Trustees may by law invest in trust funds or in any other securities which the Board of Trustees may from time to time approve for the purpose.

(3)The Council may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purpose of the University.

Part VI – MISCELLANEOUS PROVISIONS

29. Interpretation of Charter

This Charter shall be valid and effectual in law according to its true intent and meaning and shall be construed, subject to the provisions of the Act, in the best interest of the University and the promotion of its objectives.

30. Statutes

(1)The Council shall, subject to the provisions of the Act and this Charter, 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 colleges, faculties, schools, institutes, and departments for the University;

(b)the description of degrees, diplomas, certificates and other awards;

(c)the determination of the terms and conditions of service including the appointment, dismissal, remuneration and retiring benefits of the employees of the University;

(d)prescribing the rules and regulations for the students’ organisations;

(e)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 of the Council supported by a majority of not less than half of the members present and voting being not less than half of the total membership of the Council.

31. Protection of name

(1)Notwithstanding the provisions of any other written law, no public officer performing the function relating to the registration of companies or business names shall accept for registration any name which includes together with the word "University", the words "Kenya Methodist" 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 "Kenya Methodist" in furtherance of, or in connection with any advertisement for any, trade, business, calling or profession, shall be guilty of an offence and punishable in accordance with the Act.

(3)Nothing in this section shall be construed as preventing the bona fide use by any person of any title in pursuance of the grant to such person of any degree, diploma, certificate or other award of the University.

32. Dissolution of the University

In the event of the dissolution of the University, the funds, assets, property and any liability shall be vested in the Board of Trustees.

33. Variation and revocation of Charter

This Charter may be varied or revoked in accordance with the Act.

Source: Kenya Law · Imported 4 October 2026