University Of Nairobi (uonbi) Act 1985

University Of Nairobi UoNBI Act 1985 – Details:

University Acts

Kenya Gazette Supplement No. 61 (Act No. 8)

THE REPUBLIC OF KENYA

KENYA GAZETTE SUPPLEMENT

ACT, 1985

NAIROBI, 6TH SEPTEMBER, 1985

No. 11 of 1985

Date of Assent: 29th August, 1985

Date of Commencement: 6th September, 1985

ARRANGEMENT OF SECTIONS

PART I – PRELIMINARY

1.Short title

2.Interpretation

PART II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

1.Constitution of the University

2.Establishment of colleges within the University

3.Establishment of constituent colleges

4.Common seal and signification of documents

5.Functions and objectives of the University

6.Degrees, diplomas etc

PART III – MEMBERSHIP AND GOVERNMENT OF THE UNIVERSITY

1.Membership of the University;

2.The Chancellor;

3.The Vice-Chancellor;

4.The Deputy Vice-Chancellors;

5.The Principals of colleges;

6.The Council;

7.Functions of the Council;

8.The Senate;

9.The Convocation;

10.The Staff of the University;

11.Performance of functions in absence of office-holder;

PART IV – FINANCIAL PROVISIONS

1.Financial Year

2.Investment of funds

3.Annual estimates

4.Accounts and audi

PART V – MISCELLANEOUS PROVISIONS

1.The statutes

2.Protection of name

3.Repeal and savings.

THE UNIVERSITY OF NAIROBI ACT, 1985

An Act of Parliament to amend and consolidate the law providing for the establishment of the University of Nairobi and its control, government and administration; and for connected purposes.

ENACTED by the Parliament of Kenya, as follows:-

PART I – PRELIMINARY

Short title

1. This Act may be cited as the University of Nairobi Act, 1985.

Interpretation

(1)In this Act, unless the context otherwise requires – “annual estimates” means the estimates prepared under section 22(1) in respect of any financial year;

•“The Chancellor” means the Chancellor of the University referred to in section 10;

•“College” means –

(a)a college specified in the Schedule; and

(b)a college established within the University pursuant to an order made under section 4;but does not include a constituent college;

•“The Convocation” means the Convocation of the University established under section 17;

•“the Council” means the Council of the University established under section 14;

•“Deputy Vice-Chancellor” means a Deputy Vice-Chancellor of the University appointed under section 12 (1);

•“faculty” means a faculty of the University established by the statutes;

•“financial year” means the financial year of the University determined under section (20)1;

•“graduate” means a person upon whom a degree has been conferred by the University;

•“institute” means an institute of the University established by the statutes;

•“lecturer” means a person on the staff of the University who is a full professor, associate professor, senior lecturer, lecturer or assistant lecturer or a person who holds any other teaching or research 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;

•“principal” means the principal of a college appointed under section 13 (1);

•“specified territories” means Tanzania and Uganda and such other territories as the Minister may, after consultation with the Council, specify;

•“school” means a school of the University established by the statutes;

•“secretary to Council” means the person appointed as secretary to the Council;

•“the Senate” means the Senate of the University established under section 16(1)

•“staff association” means an association of the staff recognized by the Council as being an association representative of the staff of the University;

•“statutes” means statutes of the University made by the Council under section 24;

•“Students” means a person registered by the University for the purposes of obtaining a qualification of the University or any other person who is determined by the Senate bo be a student;

•“students’ organization” means an association of students recognized by the Council as being an organization representative of the students of the University;

“the University” means the University of Nairobi constituted under section (3(1);

•“Vice-Chancellor” means the Vice-Chancellor of the University appointed under section 11(1).

(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. University Of Nairobi UoNBI Act 1985

PART II – ESTABLISHMENT AND FUNCTIONS OF THE UNIVERSITY

1.There shall be established a university at Nairobi to be known as the University of Nairobi which shall be constituted in accordance with this Act.

2.The University shall be a body corporate with perpetual succession and a common seal, and shall in its corporate name be capable of:-

O suing and being sued.

Otaking, purchasing or otherwise acquiring, holding, charging and disposing of movable or immovable property;

Oborrowing or lending money;

Oand 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. University Of Nairobi UoNBI Act 1985

Cap. 210 (1972)

1.The University is the successor to the University of Nairobi established by the University of Nairobi Act (now repealed) and subject to this Act, all rights, duties, obligations, assets and liabilities of the University of Nairobi existing at the commencement of the Act shall be automatically and fully transferred to the university and any reference to the University of Nairobi in any contract or document shall for all purposes be deemed to be a reference to the University established under subsection (1).

Establishment of colleges within the University

1.The colleges specified in the Schedule are declared to be colleges established within the University.

2.The President may, on the advice of the Council, by order published in the Gazette, establish colleges within the University whose functions and powers shall be provided by that order.

3.A college established within the University shall consist of such faculties, institutes or schools as may be provided by the statutes.

4.An order made under subsection (2) shall have the effect of amending the Schedule by adding the college established by the order to the specified colleges.

Establishment of constituent colleges

The President may, on the advice of the Council, by order published in the Gazette, establish or declare an institution of learning or higher education or any training establishment to be a constituent college of the University.

Common seal and signification of documents

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. University Of Nairobi UoNBI Act 1985

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 a Deputy Vice-Chancellor.

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

Functions and objects of the University

1.The functions and objects of the University shall be:-

a.To provide directly, or in collaboration with other institutions of higher learning, facilities for university education, including technological and professional education, and for research;

b.To participate in the discovery, transmission and preservation of knowledge and to stimulate the intellectual life and cultural development of Kenya;

c.To conduct examinations for and to grant such academic awards as may be provided for in the statutes;

d.Subject to the Universities Act, to co-operate with the Government in the planned development of university education and, in particular, to examine and approve proposals for new faculties, new departments, new degree courses, or new subjects of study submitted to it by any constituent college or other post-secondary institution;

e.To determine who may teach and what may be taught and how it may be taught in the University.

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.

Degrees, diplomas, etc.

1.Subject to this Act, the University may-:

a.confer the degrees of Bachelor, Master and Doctor and such other degrees as may be provided for in the statutes; and;

b.grant diplomas or certificates or other awards.

2.Subsection (1) shall apply to an honorary degree or academic distinction which the University may wish to confer or award to a person who has rendered distinguished service in the advancement of any branch of learning or who has otherwise rendered himself worthy of such a degree or academic distinction.

PART III – MEMBERSH IP AND GOVERNMENT OF THE UNIVERSITY

Membership of the University

9.The members of the University shall be:-

a.the Chancellor;

b.the Vice-Chancellor;

c.the Deputy Vice-Chancellors;

d.the Principal of each constituent college;

e.the Principal of each college within the university;

f.the members of the Council;

g.the members of the Senate;

h.the members of the government body of each constituent college;

i.the professors and lecturers of the University;

j.the Librarian;

k.the secretary to governing body of each constituent college;

l.the students;

m.the Convocation;

n.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.

The Chancellor

10.

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 there is change in the holder of the office of President.

3.The Chancellor: –

1.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;

2.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;

3.may arrange for visitation into the general administration and organization of the University in such manner as may be provided in the statutes;

4.may from time to time give advice to the Council which he considers necessary for the betterment of the University;

5.shall enjoy such powers and privileges and perform such other functions as may be provided in the statutes. University Of Nairobi UoNBI Act 1985

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 such functions during the absence or inability of the Chancellor.

The Vice-Chancellor

11.

1.There shall be a Vice-Chancellor of the University who shall be appointed by the Chancellor on the advice of the Council, and who shall be the academic and administrative head of the University and shall have such powers and duties as may be provided by the statutes.

2.The Vice-Chancellor shall hold office upon such terms and for such period as may be provided by the statutes and upon the expiration of that period shall be eligible for re- appointment.

The Deputy Vice-Chancellors

12.

1.The Council shall, in consultation with the Chancellor appoint from among the professors of the University two or more Deputy Vice-Chancellors who shall, under the general authority of the Vice-Chancellor, exercise such powers and perform such duties as may be provided by the statutes. University Of Nairobi UoNBI Act 1985

2.The Deputy Vice Chancellor shall hold office upon such terms and for such period as may be provided by the statutes and upon the expiration of that period shall be eligible for re- appointment.

The Principals of colleges

13.

1.The Council shall, in consultation with the Chancellor for each college within the University appoint a principal who shall be the academic and administrative head of the college and shall, under the general authority of the Vice-Chancellor, have such other powers and duties as may be provided by the statutes.

2.A person appointed as a principal shall hold office upon such terms and for such period as may be provided by the statutes and upon the expiration of that period shall be eligible for re-appointment.

The Council

14.

1.There shall be a Council of the University which shall consist of:-

a.a chairman, vice-chairman and an honorary treasurer all of whom shall be appointed by the Chancellor;

b.the Vice-Chancellor;

c.the Deputy Vice-Chancellors;

d.the principal of each constituent college;

e.the principal of each college within the University;

f.not more than ten members appointed by the President to represent the Government;

g.one member of the Senate from each college appointed by the Senate;

h.one person appointed by the Gandhi Memorial Academy Society;

i.two persons appointed by the Convocation from among its members;

j.one person appointed by the Government of each State which is, for the time being, a specified territory;

k.one member appointed by the Staff Association of the University;

l.two members elected by the students’ organization;

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 secretary to the Council;

b.if the Council is satisfied that such member is, by reasons of physical or mental infirmity, unable to exercise the functions of his office;

c.upon his death.

4.Where the office of a member of the Council becomes vacant under subsection (3), the secretary to the Council 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.

Functions of the Council

15.

1.Subject to this Act and without prejudice to any legislation, trust deed or other instrument by or under which a constituent college is established, the government, control and administration of the University shall be vested in the Council.

2.Not withstanding subsection (1), the Council shall have power:-

a.to administer the property and funds of the University, other than property and funds of a constituent college, in such a manner and for such purposes as will, in the opinion of the Council, promote the best interests of the University except so however that the Council shall not charge or dispose of immovable property of the University without prior approval of the Chancellor;

b.to receive, on behalf of the University or a constituent college, gifts, donations, grants or other moneys and to make disbursements there from to the constituent college or other bodies or persons;

c.to provide for the welfare of the staff and students of the University;

d.to enter into any association with other universities, or other institutions of learning, whether within Kenya or otherwise, as the Council, deem necessary and appropriate;

e.to make, after consultation with the Senate, regulations governing the conduct and discipline of the students.

3.All documents, other than those required by law to be under seal, made on behalf of the Council, and all decisions of the Council, may be signified under the hand of the chairman, the Vice-Chancellor or a Deputy Vice-Chancellor responsible for administration and finance or any other member of the Council generally or specially authorized by the Council in that behalf.

The Senate

16.

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-Chancellors;

c.the principal of each constituent college;

d.the principal of each college within the University;

e.the Deans of the faculties and directors of institutes and schools;

f.the chairmen of the teaching departments of the University;

g.not more than two professors who are not members of the Senate by virtue of this section elected by the academic board from within each college;