Moi University Act of 1984

Moi University Act of 1984 Pdf Download

Moi University Act of 1984 Pdf – Details:

An Act of Parliament to establish a university at Eldoret and to provide
for the control, government and administration thereof; and for
connected purposes
Part I—Preliminary
1. This Act may be cited as the Moi University Act.
2. (1) In this Act, unless the context otherwise requires—
“Chancellor” means the Chancellor of the University referred
to in section 9;
“chief academic officer” means the chief academic officer
appointed under section 11;
“chief administrative officer” means the chief administrative
officer appointed under section 11;
“constituent college” means a college established under section 5;
“Convocation” means the Convocation of the University
established under section 15;
“Council” means the Council of the University established under
section 12;
“Deputy Vice-Chancellor” means the Deputy Vice-Chancellor of
the University appointed under section 10 (2);
“faculty” means a faculty of the University established by the
statutes;
“financial year” means the financial year of the University
determined under section 18;
“graduate” means a person upon whom a degree has been
conferred by the University;

Moi University Act of 1984 Pdf Download
“lecturer” means a member of the staff of the University who is,
in the terms of his appointment, an associate professor, senior lecturer,
8 of 1984,
13 of 1988,
2 of 2002.
Short title.
Interpretation.
CAP. 210A Moi University [Rev. 2009 4
lecturer, assistant lecturer or tutorial fellow, or who holds any other
teaching post which the Council, on the recommendation of the Senate,
has recognized as a post having academic status in the University;
“librarian” means the person appointed to be the librarian of the
University;
“professor” means a professor of the University; but does not include
an associate professor;
“Senate” means the Senate of the University established under
section 14;
“statutes” means statutes made by the Council under section 23;
“student” means a person registered by the University for the purpose
of obtaining a qualification of the University or any other person who is
determined by the Senate to be a student;

Moi University Act of 1984 Pdf Download
“students’ organization” means the association of student recognized
by the Council as being an organization representative of the students of
the University;
“University” means the Moi University established by section 3;
“Vice-Chancellor” means the Vice-Chancellor of the University
appointed under section 10.
(2) References in this Act 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. (1) There is hereby established a university to be known as the
Moi University.
(2) The University shall be a body corporate with perpetual
succession and a common seal and shall in its corporate name be capable
of—
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding, charging
and disposing of movable or immovable property;
(c) borrowing or lending money; and
Establishment of
the University.
Rev. 2009] Moi University CAP. 210A 5
(d) doing or performing all such other things or acts for the
proper performance of its functions under, and for the
furtherance of the provisions of, this Act which may lawfully
be done or performed by a body corporate.
4. (1) The functions and objects of the University shall be—
(a) to provide university education aimed at producing mature
and conscientious graduates with the skill, ability and desire
to contribute to the well-being and development of the people
of Kenya in accordance with the national philosophy of
mutual social responsibility;

Moi University Act of 1984 Pdf Download
(b) to provide university education for national service and
development which reflects the national cultural heritage;
(c) to develop and transmit knowledge and skills through
research and training at undergraduate and post graduate
levels, either directly or through the medium of connected
colleges, schools or institutes;
(d) to foster national consciousness and unity;
(e) to preserve, produce, process, transmit and disseminate
knowledge and stimulate the intellectual life and cultural
development of Kenya;
(f) to conduct examinations for, and to grant degrees, diplomas
and other awards of the University;
(g) to determine who may teach, what may be taught and how
it may be taught in the University;
(h) to play an effective role in the development and expansion
of opportunities for Kenyans wishing to continue with their
education. Moi University Act of 1984 Pdf Download
(2) Admission to the University as candidates for degrees,
diplomas, certificates or other awards of the University shall be open
to all persons accepted as being qualified by the Senate, without
distinction of ethnic origin, sect or creed, and no barrier based on any
such distinction shall be imposed upon any person as a condition of
his becoming, or continuing to be, a professor, lecturer, graduate or
student of the University, or of his holding any office therein, nor shall
any preference be given to, or advantage be withheld from, any person
on the grounds of ethnic origin, sect or creed.
Functions and
objects of the
University.
CAP. 210A Moi University [Rev. 2009 6
5. The President may, after consultation with the Council, by order
published in the Gazette—
(a) establish any college as a constituent college of the University;
(b) declare an institution of learning or higher education, or
any training establishment to be a constituent college of the
University.
(c) establish colleges within the university consisting of such
faculties, institutes or schools as may be provided by that order.
6. (1) Subject to this Act, the Council shall have power to confer any
degree or grant any diploma, certificate or any other academic qualification
which it is for the time being authorized by a statute of the University to
confer or award.
(2) The Council may, in accordance with such conditions as it may
prescribe, confer any degree or award any academic distinction as honorary
degree or academic distinction to a person who has rendered distinguished
service in the advancement of any branch of learning or who has otherwise,
in the opinion of the Council, rendered himself worthy of the degree or
academic distinction.
7. The Council may, under conditions which it thinks fit, award
certificates, fellowships, scholarships, bursaries and prizes and make other
awards which it may consider necessary or desirable.
Part III—Membership and the Government of the University
8. The members of the University shall be—
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Deputy Vice-Chancellor;
(d) the principal of each constituent college;
(e) the members of the Council;
(f) the members of the Senate;
(g) the members of the Council or other governing body of each
constituent college;
Constituent
colleges of the
University.
2 of 2002, Sch.
Conferment of
degrees, etc.
Award of
certificates, etc.
Membership of
the University.
Rev. 2009] Moi University CAP. 210A 7
(h) the professors and lecturers of the University;
(i) the chief administrative officer, the chief academic officer
and the librarian;
(j) the secretary to the Council or other governing body of each
constituent college;
(k) the students;
(l) the Convocation;
(m) such other members of the staff of the University or of
any other body formally admitted into association with the
University or with any of its constituent colleges, as the
Council may from time to time determine.
9. (1) The President shall, unless he sees fit to appoint some other
person thereto, be the Chancellor of the University.
(2) A person who is appointed by the President to be the Chancellor
shall hold office for such period as the President shall determine, but
that person shall cease to hold office if the election of a President results
in a change in the holder of the office of President.
(3) The Chancellor—
(a) shall be the head of the University and shall, in the name of
the University, confer degrees and grant diplomas, certificates
and other awards of the University;
(b) may from time to time direct an inspection of the University
or an inquiry into the teaching, research or any other work
of the University;
(c) may arrange for visitation to the University as may be
provided in the statutes;
(d) shall enjoy such powers and privileges and perform such
other functions as may be provided in the statutes;
(e) may from time to time give advice to the Council which he
may consider necessary for the betterment of the University.
(4) Whenever the Chancellor is absent from Kenya or is for any
reason unable to perform the functions of his office the President or a
person authorized by him in that behalf may appoint a person to perform
The Chancellor.
CAP. 210A Moi University [Rev. 2009 8
those functions during the absence or inability of the Chancellor.
10. (1) There shall be a Vice-Chancellor of the University who
shall be appointed by the Chancellor after consultation with the Council.
(2) The Vice-Chancellor shall—
(a) have the overall responsibility for the direction, organization,
administration and programmes of the University;
(b) be the chairman of the Senate; and
(c) be responsible to the Council for the general conduct and
discipline of the students.
(3) The Council shall, after consultation with the Senate, appoint
such number of Deputy Vice-Chancellors as it may consider appropriate
from among the professors of the University to assist the Vice-Chancellor
in matters pertaining to the academic activities of the University.
(4) The Vice-Chancellor shall be appointed upon the terms and
conditions of service prescribed by the statutes.
(5) The Vice-Chancellor and Deputy Vice-Chancellor shall hold
office for such period as may be provided by the statutes, and upon the
expiration of that period shall be eligible for re-appointment.
11. (1) There shall be a chief administrative officer who shall be
appointed by the Council and who shall, under the directions of the ViceChancellor,
be responsible to the Council for the administration of the
University, including the administration of the funds and other assets of
the University.
(2) The chief administrative officer shall be the secretary to the
Council.
(3) There shall be a chief academic officer who shall be appointed
by the Council and who shall, under the directions of the Vice-Chancellor,
be responsible to the Council for all matters pertaining to the academic
activities of the University.
(4) The chief academic officer shall be secretary to the Senate.
12. (1) There shall be a Council of the University which shall
consist of—
(a) a chairman, a vice-chairman and a honorary treasurer all of
The
Vice-Chancellor
and Deputy
Vice-Chancellor.
2 of 2002, Sch.
Appointment of
chief officers.
Constitution of the
Council.
Rev. 2009] Moi University CAP. 210A 9
whom shall be appointed by the Chancellor;
(b) the Vice-Chancellor;
(c) the Deputy Vice-Chancellor;
(d) the Principal of each constituent college;
(e) the Permanent Secretary to the Ministry for the time being
responsible for university education;
(f) the Permanent Secretary to the Ministry for the time being
responsible for finance;
(g) not more than eight members appointed by the President to
represent the Government;
(h) four persons appointed by the Senate from among its
members;
(i) after a date to be appointed by the Council, two persons
appointed by the Convocation from among its members;
(j) two members elected by non-Senate members of the
academic staff from among themselves;
(k) two members elected by the students’ organization;
(f) one person elected by the non-academic staff from among
themselves;
(m) not more than two members co-opted to the Council from
time to time.
(2) Subject to subsection (3), a member of the Council, other than
an ex-officio member, shall hold office for a period of three years, but
shall be eligible for re-appointment.
(3) The office of a member of the Council shall become vacant—
(a) if, not being an ex-officio member, he resigns his office by
writing under his hand addressed to the chief administrative
officer;
(b) if the Council is satisfied that the member is, by reason of
physical or mental infirmity, unable to exercise the functions
of his office;
CAP. 210A Moi University [Rev. 2009 10
(c) upon his death.
(4) Where the office of a member of the Council becomes vacant
under subsection (3), the chief administrative officer shall forthwith notify
the vacancy to the appropriate appointing body or person.
(5) The procedure and the conduct and regulation of the affairs of
the Council shall be vested in the Council.
13. (1) Subject to this Act, the Council shall be the governing body
of the University through which the corporation of the University shall
act and—
(a) shall administer the property and funds of the University in a
manner and for purposes which shall promote the best interests
of the University; but the Council shall not charge or dispose of
immovable property of the University without prior approval
of the Chancellor;
(b) shall receive, on behalf of the University or a constituent
college, donations, endowments, gifts, grants or other moneys
and make disbursements therefrom to the constituent college
or other bodies or persons;
(c) shall provide for the welfare of the students of the University;
(d) may enter into association with other universities, or other
institutions of learning, whether within Kenya or otherwise,
as the Council may deem necessary and appropriate;
(e) may, after consultation with the Senate, make regulations
governing the conduct and discipline of the students of the
University.
(2) 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 chairman, the Vice-Chancellor, the chief
academic officer, the chief administrative officer or any other member of
the Council generally or specially authorized by the Council in that behalf.
14. (1) There shall be a Senate of the University which shall consist
of—
(a) the Vice-Chancellor, who shall be the chairman;
(b) the Deputy Vice-Chancellor;
Functions of the
Council.
The Senate.
Rev. 2009] Moi University CAP. 210A 11
(c) the principal of each constituent college;
(d) the deans of the faculties, institutes and schools;
(e) the heads of the teaching departments of the University;
(f) two members elected by the academic board or equivalent
body of each constituent college from among the members
of such board or body;
(g) the librarian;
(h) one representative of each of the faculty boards appointed
by that board from among its members;
(i) two members elected by the students’ organization; except
that the members of the students’ organization shall not
be entitled to attend deliberations of the Senate on matters
which are considered by the chairman of the Senate to be
confidential and which relate to the general discipline of
students, examination results, the academic performance of
students and other related matters;
(j) any other members as may be provided for in the statutes.
(2) The Senate shall have the following powers and duties—
(a) to satisfy itself regarding the content and academic standard
of any course of study in respect of any degree, diploma,
certificate or other award of the University, and to report its
findings thereon to the Council;
(b) to propose regulations to be made by the Council regarding
the eligibility of persons for admission to a course of study;
(c) to propose regulations to be made by the Council regarding
the standard of proficiency to be gained in each examination
for a degree, diploma, certificate or other award of the
University;
(d) to decide which persons have attained the prescribed
standard of proficiency and are otherwise fit to be granted a
degree, diploma, certificate or other award of the University;
(e) to initiate proposals relating to the conduct of the University
generally, and to discuss any matter relating to the University
CAP. 210A Moi University [Rev. 2009 12
and to make representations thereon to the Council;
(f) to make regulations governing such other matters as are within
its powers in accordance with this Act or the statutes.
(3) Notwithstanding any other provision of this Act, the Council shall
not initiate any action in respect of the matters mentioned in paragraphs
(a), (b) or (c) of subsection (2) except upon receipt of a report or proposal
thereunder and the Council shall not reject any such report or reject or
amend any regulations as proposed without further reference to the Senate.
15. (1) There shall be a Convocation of the University which shall
consist of graduates and such other persons as may be prescribed by the
statutes.
(2) The Convocation shall have the right to meet and discuss any
matter relating to the University and to transmit resolutions thereon to
the Council and the Senate, and may exercise such other functions as the
statutes may prescribe.
16. (1) The academic staff of the University shall consist of the
Deputy Vice-Chancellor, the librarian and all members of the staff who
are engaged in teaching or research.
(2) The administrative staff of the University shall consist of the
chief administrative officer, the chief academic officer, a finance officer
and such other members of the staff, not being engaged in teaching or
research, as the Council may, from time to time, determine.
(3) All the members of the staff of the University shall, subject to
this Act, be appointed by the Council, and shall be so appointed either—
(a) upon the terms and conditions of service prescribed by the
statutes; or
(b) in the case of a person seconded to the service of the University
from the service of another university or similar institution,
the Government or any other public service, on terms and
conditions agreed between the Council and the seconding body.
(4) The Council may, subject to such restrictions as it may impose,
delegate, either generally or specially, to any person or committee the
power to appoint any member of the staff of the University.
(5) All members of the staff of the University shall—
(a) be subject to the general authority of the Council and of the
The Convocation.
Staff of the
University.
Rev. 2009] Moi University CAP. 210A 13
Vice-Chancellor;
(b) be deemed to be employed on a full-time basis except as
otherwise specifically provided by the statutes or by the terms
of a particular appointment.
17. (1) In the event of the incapacity of the Vice-Chancellor, the
functions of the Vice-Chancellor may be performed by the Deputy
Vice-Chancellor during the incapacity.
(2) In the event of the simultaneous incapacity of the ViceChancellor
and the Deputy Vice-Chancellor, the Chancellor, after
consultation with the chairman of the Council, may appoint a member
of the academic staff of the University to perform the functions of the
Vice-Chancellor during the incapacity.
(3) In the event of the incapacity of a 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 absence from Kenya or
inability for any other reason to perform the functions of the office
concerned.
Part IV—Financial Provisions
18. (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
Act to be a financial year.
19. (1) The Council may invest any of the funds of the University
in securities in which for the time being trustees may by law invest trust
funds or in any other securities which the Treasury may from time to
time approve for the purpose.
(2) The Council may place on deposit with such bank or banks as
it may determine any moneys not immediately required for the purposes
of the University.
20. (1) Before the commencement of a financial year the Council
Performance of
functions in absence,
etc., of office holder.
Financial year.
Investment of funds.
Annual
CAP. 210A Moi University [Rev. 2009 14
shall cause to be prepared estimates of the revenue and expenditure of the
University for that year.
(2) The annual estimates shall make provision for all the estimated
expenditure of the University for the financial year concerned, and in
particular shall provide—
(a) for the payment of the salaries, allowances, and other charges
in respect of the staff of the University;
(b) for the payment of the pensions, gratuities and other charges
in respect of retirement benefits which are payable out of the
funds of the University;
(c) for the proper maintenance of the buildings and grounds of
the University;
(d) for the proper maintenance, repair and replacement of the
equipment and other movable property of the University;
(e) for the funding of the cost of teaching and research activities
of and in the University;
(f) for the 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) Annual estimates shall be approved by the Council before the
commencement of the financial year to which they relate, and shall be
submitted to the Minister for approval, and after the Minister has given his
approval the Council shall not increase any sum provided in the estimates
without the consent of the Minister.
(4) No expenditure shall be incurred for the purposes of the
University except in accordance with the annual estimates approved under
subsection (3) or in pursuance of an authorization of the Council given
with the prior approval of the Minister.
21. (1) The Council shall cause to be kept all proper and audit
books and records of account of the income, expenditure and assets of
the University.
(2) Within a period of three months from the end of each financial
year, the Council shall submit to the Auditor-General (Corporations) or
auditor appointed under subsection (3) the accounts of the University
together with—
estimates.
Accounts and
audit.
13 of 1988, Sch.
Rev. 2009] Moi University CAP. 210A 15
(a) a statement of income and expenditure during that year; and
(b) a statement of the assets and liabilities of the University on
the last day of that year.
(3) The accounts of the University shall be audited by the AuditorGeneral
(Corporations) or an auditor appointed by the Council with
the approval of the Minister in concurrence with the Auditor-General
(Corporations).
(4) The employment of an auditor shall not be terminated by the
Council without the consent of the Minister in concurrence with the
Auditor-General (Corporations).
(5) The Auditor-General (Corporations) may give general or
special directions to an auditor appointed under subsection (3) and the
auditor shall comply with those directions.
(6) An auditor appointed under subsection (3) shall report directly
to the Auditor-General (Corporations) on any matter relating to the
directions given under subsection (5).
(7) Within a period of six months after the end of the financial year
the auditor shall report on the examination and audit of the accounts of
the University to the Council and the Minister; and where the auditor
has been appointed under subsection (3) he shall also transmit a copy
of the report and accounts to the Auditor-General (Corporations).
(8) Nothing in this Act shall be construed as prohibiting the
Auditor-General (Corporations) from carrying out the inspection of the
University accounts or records if it appears to him desirable.
(9) Notwithstanding anything in this Act, the Auditor-General
(Corporations) may transmit to the Minister a special report on any
matters incidental to his powers under this Act, and subsections (3)
and (4) of section 19 of the Exchequer and Audit Act shall, mutatis
mutandis, apply to any report made under this section.
(10) In the exercise of his powers and duties under this Act, the
Auditor-General (Corporations) and any auditor appointed under this
section shall have the same powers as those conferred on the AuditorGeneral
(Corporations) by subsections (3) and (5) of section 105 of the
Constitution and section 8 of the Exchequer and Audit Act.
(11) The Minister shall lay the auditors report before the National
Assembly as soon as practicable after the report has been submitted to
him under this section.
Cap. 412.
CAP. 210A Moi University [Rev. 2009 16
Part V—Miscellaneous Provisions
22. (1) The common seal of the University shall be kept in such
custody as the Council directs and shall not be used except upon the order
of the Council.
(2) The common seal of the University shall be authenticated by
the signature of the Vice-Chancellor, or of one other member of the
Council duly authorized by the Council in that behalf, and of the chief
administrative officer as secretary to the Council.
(3) The common seal of the University when affixed to any document
and duly authenticated under this section shall be judicially and officially
noticed, and, unless and until the contrary is proved, any necessary order
or authorization of the Council under this section shall be presumed to
have been duly given. Moi University Act of 1984 Pdf Download
23. (1) In the performance of its functions under this Act, the Council
shall, subject to this Act, make statutes generally for the government,
control and administration of the University and for the better carrying
into effect of the purposes of this Act, 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 boarding charges;
(f) settling the terms and conditions of service, including the
appointment, dismissal and recommendation of retiring benefits
of the members of the 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’
organization.
(2) Notwithstanding subsection (1), the Council shall not make,
amend or revoke any statutes relating to the functions or privileges of the
Common seal and
signification of
documents.
Statutes.
Rev. 2009] Moi University CAP. 210A 17
Chancellor, the Vice-Chancellor or the Senate without first ascertaining
the opinion of the Senate. Moi University Act of 1984 Pdf Download
(3) Statutes shall only be made by a resolution passed at one
meeting of the Council supported by a majority of not less than threefourths
of the members present and voting being not less than half of
the total membership of the Council.
(4) Statutes or regulations made by the senate under this Act
shall be published in the Gazette but sections 27, 31 (e) and 34 of the
Interpretation and General Provisions Act shall not apply to the statutes
or to the regulations.

Moi University Act of 1984

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