GAZETTE NOTICE NO. 10836

PURSUANT to the provisions of the Universities Act (Cap. 210B) of the laws of Kenya, the Universities (Establishment of Universities) (Standardization, Accreditation and Supervision) Rules, 1989 and the provisions of the Catholic University of Eastern Africa Charter, there is established a constituent college of Catholic University of Eastern Africa to be known as Marist International University College and governed in accordance with the University College Statutes set out herein: MARIST INTERNATIONAL UNIVERSITY COLLEGE (MIUC) STATUTES Preamble: The Statutes setting up Marist International University College, a Constituent College of the Catholic University of Eastern Africa, its functions and governance in accordance with section 5 of the Catholic University of Eastern Africa Charter. Definitions: 1 In these Statutes, unless the context requires otherwise: ―Academic Board‖ refers to the body as defined in these Statutes Sect. 11 ―Board‖ refers to the Board of Trustees as defined in these Statutes ―Board of Governors‖ means the body entrusted with the governance of the College. It is the policy making organ of the College. ―Charter‖ means the Charter of the Catholic University of Eastern Africa. ―College‖ refers to Marist International University College (MIUC) a Constituent College of the Catholic University of Eastern Africa ―Constitution‖ means Constitution governing the Congregation of the Marist Brothers of the Schools. ―Convention‖ means the Convention of the Constituent Colleges of the Catholic University of Eastern Africa. ―Librarian‖ means the Librarian of the College. ―Management Board‖ refers to the Body as defined in these Statutes Sect. 12. ―Registrar‖ means the Registrar of the College ―Senate‖ means the Senate of the Catholic University of Eastern Africa established by the Charter. ―Statutes‖ means the Statutes of Marist International University College. ―Student‖ means a person registered by the College for the purposes of obtaining a qualification of the University or any other person who is determined by the Senate of the University to be a student. ―Student Association‖ means an association of the students recognised by the Board of Trustees as being an organization representative of the students of the College. ―The Alumni Association‖ means the Alumni Association of the College which may be established under Sect. 15. ―The Chancellor‖ means the Chancellor of the University ―The Principal‖ means the Principal of the College appointed under Sect. 13. ―Trustees‖ means the Board of Trustees to be regulated under the Trustees (Perpetual Succession) Act, 164 of the Laws of Kenya to hold the assets and liabilities of the College ―University‖ means the Catholic University of Eastern Africa (CUEA) Establishment: 2 (1) There is established an institution of higher learning to be known as Marist International University College, Constituent College of the Catholic University of Eastern Africa herein referred to as the College (2) The College is founded and sponsored by the Marist Brothers of the Schools. (3) Assets and Liabilities of the College shall be held in the name of Marist International University College Registered Trustees. All assets and liabilities held by or on behalf of the College shall be transferred fully to the Trust upon execution of these Statutes. Objectives: 3. The Objectives of the College are to— (a) prepare religious and lay students for the ministry of Christian education by offering programmes of theological, academic and professional studies to make them competent in their mission; (b) serve the Church and society in general by producing well formed religious and lay graduates as agents of liberation, transformation and development of humanity; (c) provide directly or in collaboration with other institutions of higher learning resources for University Education, Training, Research and Outreach Activities and such other activities as the Board of Governors may, from time to time, determine; (d) publish educational and research findings, outreach activities and other works which may be undertaken by the College; (e) pursue environmental sustainability in all of the College’s activities; (f) participate in scientific and other innovation as well as in the discovery, transmission and enhancement of knowledge and to stimulate the intellectual and spiritual life ; (g) conduct examinations for such academic awards as may be provided in the statutes pertaining to the College; (h) examine and make proposals for new faculties, schools, institutes, departments, resource and research centres, degree courses and subjects of study; (i) enter into various types of academic linkages or affiliations as approved by Senate and the Commission for Higher Education, subject to the provisions of the University’s Charter. Degrees, Diplomas and Other Awards: 4. (1) Degrees to be awarded by the College shall be the degrees conferred by the Catholic University of Eastern Africa. 2nd September, 2011 THE KENYA GAZETTE 3381 (2) Notwithstanding subsection 4(1), the College shall have powers to grant diplomas, certificates, or other academic qualifications which may, for the time being, be authorized by the Statutes of the College. (3) Degrees of other institutions of higher learning may be conferred by the concerned institution to graduates of the College in the event that the College enters into collaboration with them subject to prior approval of the University and the Commission for Higher Education. (4) The College shall admit for study for degrees, diplomas, certificates or other Awards of the College, such candidates as shall have been accepted by the Academic Board as being academically qualified. (5) Subject to the provisions of 4(4) no discrimination related to gender, race, colour, religion, or political belief, shall be imposed on any person in order to entitle him or her to be admitted as a student member of the College. Bursaries and Scholarships: 5. Subject to these Statutes, the College may award scholarships, bursaries and prizes and make other awards which may for the time being be authorized by the statutes. Membership of the College: 6. The members of the College shall be: (a) The Chancellor of the University. (b) The Vice-Chancellor of the University. (c) The Members of the Board of Trustees. (d) The members of the Board of Governors. (e) The members of the Academic Board. (f) The members of the Management Board. (g) The Principal of the College. (h) The Deputy Principals. (i) The Deans of the appropriate Faculties of the University (j) The Registrar. (k) The Librarian. (l) The Professors, Lecturers and Tutors of the College. (m) The Financial Administrator of the College. (n) The students of the College and. (o) Such other members of staff of the College or any other body formally invited into association with the College, as the Board of Trustees may from time to time determine. Governance: 7. Subject to the provisions of the Charter and the Convention, the governance of the College shall be vested on the following organs: (a) the Chancellor of the University. (b) the Board of Trustees of the College. (c) the Board of Governors of the College. (d) the Academic Board of the College. (e) the Management Board of the College. Chancellor: 8. The College will be under the authority of the Chancellor of the Catholic University of Eastern Africa according to the terms of the Convention. The Board of Trustees: 9. (1) The Marist International University College Registered Trustees shall be entrusted with the responsibility of holding the assets of the College. Membership of the Board of Trustees shall comprise or be constituted with at least two thirds being the Representatives of the Marist Brothers of the Schools. (2) The Board of Trustees shall meet every quarter of the year. (3) The Board of Trustees may co-opt other members as they may deem necessary. (4) The members of the Board of Trustees shall, subject to the preceding sub-clause, serve as members of the Board of Trustees for three years renewable. (5) The functions of the Board of Trustees shall be to— (a) hold the assets and liabilities of the College (b) receive on behalf of the College gifts, donations, endowments and grants (c) promote the progress of the College (d) receive reports on the operation of the College (e) provide the resources needed to facilitate the institution to achieve its objectives (f) appoint members of the Board of Governors (g) approve the budget of the College The Board of Governors: 10. (1) There shall be established a Board of Governors which shall be the governing, policy making organ of the College. It shall be the administrative authority of the College. There shall be at least a minimum of 9 and a maximum of 11 members of the Board of Governors. Members of the Board of Governors shall comprise or be constituted by the following persons: (a) Chairperson appointed by the Board of Trustees. (b) At most three members appointed by the Board of Trustees. (c) One person representing the Marist Brothers of the Schools. (d) The Principal of the College is the Secretary of the Board of Governors. (e) One member from the University. (f) One member representing academic interests. (g) Three members representing legal, bank, and planning interests of the College respectively. (2) Members of the Board of Governors shall meet at least once every quarter. (3) Members of the Board of Governors shall hold office for a term of three years renewable (4) The Board of Governors may establish such committees as it deems necessary to assist in undertaking its functions as set out in these Statutes (5) The functions of the Board of Governors shall be to: (a) ensure that the mission of the College is safeguarded (b) oversee the implementation of the provisions of the Statutes (c) articulate major policy standards and initiate actions deemed necessary for change or enhancing existing policies, rules and regulations (d) ensure that the College is fiscally sound and maintain the confidence of the University, members of the College, stakeholders, donors, well wishers and the public at large (e) oversee the financial integrity and viability of the College including making decisions on the salaries and benefits of the staff of the College (f) draw the budget and oversee the implementation of the same (g) give directives to the authorities of the College (h) recommend to the Senate for approval any association with any other Universities, Constituent Colleges or other institutions of higher learning whether within Kenya or otherwise as the Board may deem necessary (i) approve the setting up of faculties, schools, institutions, centres and other divisions as the Board may deem appropriate, subject to the provisions of the Convention (j) promote cooperation between the College and the University THE KENYA GAZETTE 2nd September, 2011 (k) ensure collaboration between the internal constituencies of the College and its external constituencies (l) appoint the Principal on merit and in consultation with the Board of Trustees (m) appoint the members of staff in the College hierarchy in consultation with the Board of Trustees (n) accord to lecturers or withdraw from them permission to teach according to the provision and norms of Ex Corde Ecclesiae, a function which will normally be delegated to the Principal (o) establish new programmes on the recommendation of the Academic Board and upon the approval of the University and the Commission for Higher Education (CHE) as may be deemed necessary (p) recommend to the University in consultation with the Academic Board the award of Degrees, Diplomas and Certificates (q) establish standing committees as well as ad hoc committees as may be deemed necessary The Academic Board: 11. (1) There shall be established an Academic Board of the College comprising of the following persons: (a) the Principal, who shall be the Chairperson; (b) the Deputy Principals; (c) the Dean of Students; (d) the Deans of the faculties of the University of the programmes that are on offer at the College; (e) the Registrar of the College; (f) the Librarian of the College; (g) the Financial Administrator; (h) full-time members of academic staff; (i) two student representatives elected by the student association except that the student members shall not be entitled to attend deliberations of the Academic Board on matters which are considered by the Academic Board to be confidential, such as examination results and sensitive disciplinary issues. 11. The Registrar shall be the secretary of the Academic Board. (3) The Academic Board shall have the following powers and duties: (a) uphold the Academic Regulations; (b) recommend amendments to the Academic Regulations for approval by the Senate; (c) 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 College, and submit its findings thereon to the Senate for approval; (d) propose regulations for consideration by the Senate regarding the eligibility of persons for admission to a course of study; (e) propose regulations for consideration by the Senate regarding the standard of proficiency to be gained in each examination for a degree, diploma, certificate or other award of the College; (f) determine persons to be admitted as students of the college (g) decide which candidates have attained the prescribed standard of proficiency and are otherwise fit to be granted a degree, diploma, certificate or other award of the College, and, in the case of degree candidates, to report its decision thereon to the Senate of the University which receives and approves examination results and recommends successful candidates to the Chancellor for the conferment of awards; (h) initiate proposals relating to the conduct of the College generally and to discuss any matters relating to the College and to make representations thereon to the Board of Trustees of the College (i) recommend to the Board of Governors the appointment and promotion of the Academic Staff (j) ensure that the staff maintains discipline and adhere to the rules and regulations of the College (k) make regulations governing such other matters as are within its powers in accordance with the Convention or the Statutes; (l) suggest changes to the manner of conducting the College and formulate possible amendments to the Statutes for consideration by the Board of Governors (4) Notwithstanding any of the provisions of these Statutes, the Senate of the University shall not initiate any action in respect of subparagraphs b), c), d), e) and f) of paragraph 11(3) except upon receipt of a report or proposal there under and the Senate shall not reject any such report or amend any regulations as proposed without further reference to the Academic Board. (5) The Academic Board shall hold meetings at least once every quarter and in such other cases as it may be convoked by the Principal, or whenever at least a third of the members request it in writing, giving an indication of the matters to be discussed. (6) The Academic Board shall establish such committee(s) as it deems necessary to assist in undertaking any of its functions as set out in these Statutes or the Convention. The Management Board: 12. (1) There shall be established a Management Board made up of the following persons: (a) Principal (Chairperson); (b) Deputy Principal(s) (c) Registrar (Secretary) (d) Financial Administrator; (e) Librarian. (f) Human Resource Officer (g) any other person(s) duly appointed by the Board of Governors (2) The Management Board shall assist the Principal in the day-to- day running of the College, including being responsible for: (a) the efficient management of human, physical and financial resources of the College; (b) making proposals to the Board of Trustees, the Board of Governors and the Academic Board on policies that have application within the College; (c) coordinating the College’s strategic and development plans; (d) drawing of the annual budget, and (e) such other matters relating to the management of the College. (3) The Management Board may set up such committees as it deems necessary to assist it in undertaking any of the functions set out in these Statutes or the Convention. Principal: 13. (1) There shall be a Principal of the College appointed on merit by the Board of Governors in consultation with the Board of Trustees and accountable to the same. (2) The Principal shall hold office for a term of four years renewable (3) The Principal shall be the chief executive of the College and shall— (a) have overall responsibility for the direction, organization, administration and academic programmes of the College (b) convoke the Academic Board and preside over it; (c) supervise the administration of the budget of the College; (d) supervise the College human resource; (e) maintain academic standards and promote the development of the academic programmes; 2nd September, 2011 THE KENYA GAZETTE 3383 (f) in consultation with relevant bodies, recommend persons to be appointed to senior posts and other posts, to the Board of Trustees and the Board of Governors; (g) be the secretary to the Board of Governors and report to the Board on the functioning of the College; (h) represent the College in its relations with the University, other academic institutions and government education authorities (i) be responsible to the Board of Trustees for the general conduct and discipline of the students (j) promote unity and harmony of purpose and pleasant working conditions for all members of the teaching and administrative staff (k) be the Chairperson of the Academic Board (4) In the event of personal incapacity, the functions of the Principal will be taken over by the Deputy Principal, for the time being, in charge of Academic affairs. In the absence of the Deputy Principal Academic the Chairperson of the Board of Governors shall appoint a suitable person. Staff of the College: 14. (1) All members of staff shall be expected to give witness by living a life of moral integrity and devotion to duty. (2) The academic staff of the College shall consist of the Principal, Deputy Principals, the Librarian and all members of staff who are engaged in teaching and/or research. (3) The College ensures that the majority of the academic staff are members of the Catholic Christian faith, according to the norms of Ex Corde Ecclesiae. Those who are not Catholics are to recognize and respect the distinctive Catholic identity of the College which, in turn, will respect their religious freedom. (4) Those who teach matters touching on faith, morals, and ethics are to carry out their work in communion with the Magisterium of the Church. (5) All academic staff report to the Principal. (6) In appointing members of the academic staff, the College will choose persons who have obtained at least a Masters Degree, are competent, open and able to work in a team and gain the trust of the students. (7) The appointment of a member of the academic staff ceases: (a) On termination of any contract of employment made between the College and the staff member; (b) If staff member resigns; (c) If permission to teach is withdrawn by his/her Ordinary or by his/her own Major Superior in the case of a member of a religious Congregation/Order; (d) If permission to teach is withdrawn by the Board of Trustees for such reasons as the Board of Trustees may determine; (8) Any cases of conflict should be settled as far as possible between the staff member and the Principal. Failing this, the matter will be referred to the Academic Board. The Board of Trustees shall be the appellant organ and its decision shall be final. (9) In the event of personal incapacity of the Principal Sect. 13 (4) will apply. (10) In case of personal incapacity of any other member of staff, the staff member’s functions shall be taken over by a substitute appointed by the Principal. (11) Incapacity shall mean the inability to perform functions of the office concerned. (12) The administrative staff of the College shall consist of the Registrar, the Administrator, the Finance Administrator and such other members of the staff not being engaged in teaching or research as the Board of Trustees may, from time to time, determine. (13) All members of staff of the College shall be appointed in accordance to these Statutes. (14) The Board of Trustees may, subject to such restrictions as it may impose, delegate, either generally or specifically, to any committee the power to appoint any member of the staff of the College. (15) All members of staff of the College shall be subject to the general authority of the Board of Trustees and of the Principal Alumni: 15. (1) There shall be an Alumni Association of the College which shall consist of the graduates of the College and such other persons as shall be prescribed by the rules and regulations governing the association. (2) The Alumni Association shall have the right to meet and discuss any matter relating to the College and transmit findings thereon to the Board of Trustees, the Board of Governors, the Academic Board and the Management Board. (3) The Alumni Association shall develop Rules and Regulations for approval by the Board of Trustees. (4) The Alumni Association may exercise such other functions as the rules and regulations shall set out. Students: 16. (1) The students of the College shall consist of: (a) Regular students who have enrolled as full-time students in any of the accredited degree, diploma or certificate courses of the College (b) Part-time students who have registered to study at specified times of the year (c) Auditors who register to follow certain courses without being assessed. (2) Prospective students must have met the qualifications set out by the Academic Board. (3) For serious reasons concerning the rights of the College, the student body, or the Church as a whole, the Principal may suspend or rescind certain rights of a student and, in serious cases and upon the recommendation of the disciplinary committee, may require the student to withdraw from the College. (4) Students have a right to elect student representatives from their number to be members of the Academic Board, Disciplinary Committee and other bodies as may be called upon. (5) Students have a right to make suggestions to the Principal, the Deputy Principals and the Dean of Students about studies or the students’ general welfare in the College. (6) Students have a right to form a Student Association of the College whose objectives and purposes shall be: (a) Promotion of the social welfare of students; (b) Promotion of the academic welfare of students; (c) Development and encouragement of appropriate traditions of social and academic life; (d) Establishment of cooperation with associations of students in other Universities and academic institutions. (7) Membership of the Student Association shall be open to all students registered in the College on payment of such fees as may be prescribed by the Association. (8) The Student Association shall determine its own organs and procedures and in particular shall develop a Constitution to be submitted to the Board of Trustees for approval, setting out clearly: (a) The Officers of the Association. (b) The duties and powers of the officers. (c) The frequency of and procedures at meetings. (d) The purposes to which the funds of the Association are to be applied. THE KENYA GAZETTE 2nd September, 2011 Programmes: 17. (1) Study programmes shall be drawn up in accordance with the spirit and norms of Ex Corde Ecclesiae, the Mission, Philosophy and Objectives of the College. (2) Degree programmes shall be proposed by the Academic Board for approval by the Senate and the Commission for Higher Education. (3) Diploma and Certificate programmes shall be approved by the Academic Board of the College and report made to the Senate. Library: 18. (1) There shall be a library to serve as an essential study and research facility. 18. (2) A budget for library services for purposes of improvement and maintenance of the library shall be included in the annual budget. (3) The library shall be headed by a Librarian meeting the standards set out by the University and the Commission for Higher Education. (4) The Librarian shall collaborate with the academic staff to ensure the adequate provision of textbooks, reference books, appropriate journals, instructional materials, internet access and digital storage systems and to suggest resources to the Academic Board. Financial Provisions, Annual Estimates and Accounts: 19. (1) The financial year of the College shall run from the first of August to the end of the month of July in the following year. (2) The Funds of the College shall be in the name of the College. (3) The Board of Trustees may place on deposit with such bank or banks as the Board may determine any monies not immediately required for the purposes of the College. The Board of Trustees shall nominate signatories to the account(s). (4) The Board of Trustees may direct that the funds of the College or assets of the College be invested in securities, treasury bonds, trust funds or any other securities as they may deem necessary. (5) Before the commencement of a financial year the Board of Trustees shall cause to be prepared estimates of the revenue and expenditure of the College for that year. (6) The annual estimates shall make provisions for all the estimated expenditure of the College for the financial year concerned, and in particular shall provide: (a) For the payment of salaries, allowances, and other charges in respect of the staff of the College; (b) For the payment of the pensions, gratuities and other charges in respect of the retirement benefits which are payable out of the funds of the College. (c) For the proper maintenance of the buildings and grounds of the College. (d) For the proper maintenance, repair and replacement of the equipment and other movable property of the College. (e) The funding of the cost of teaching, research and outreach activities of the College. (f) For the ongoing development of College facilities and programmes. (g) For the creation of such funds to meet future or contingent liability in respect of insurance or of such other matters as the Board of Trustees may deem fit. (7) The Board of Trustees shall cause proper books of Accounts of the income, expenditure and assets of the College to be kept and at such appointed time, shall subject them to audit in accordance with the financial regulations that the Board of Trustees shall establish. Miscellaneous: 20. (1) The official seal of the College shall be kept in such custody as the Board of Trustees shall direct and shall not be used except as directed by the Board of Trustees. (2) The official seal shall be authenticated by the signature of the Principal and one or two other persons appointed by the Board of Trustees. (3) The common seal of the College when affixed to any document and duly authenticated under this section shall be judicially and officially noticed, and, unless and until the contrary in proved, any order or authorization of the Principal under this section shall be presumed to have been duly given. (4) In the performance of its functions under these Statutes, the Board of Governors may make such rules and regulations generally for the governance, control and administration of the College and for the better carrying into effect of the purposes of these Statutes, and in particular: (a) the establishment of faculties, institutes and schools of the College; (b) entering into association, affiliations or collaborations; (c) the description of degrees, diplomas, certificates and other academic qualifications. (d) the requirements for the award of degrees, diplomas, certificates and other academic qualifications. (e) the conduct of examinations. (f) prescribing fees and other charges, settling the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of staff of the College. (g) the constitution and procedure of meetings of the Academic Board and the establishment, composition and terms of reference of committees of the Board of Governors and of the Academic Board. (h) conduct and discipline of staff and students of the College. (5) Notwithstanding 20 (4), the Board of Governors shall not make, amend or revoke any statutes to the functions and privileges of the Principal or the Academic Board without first ascertaining the opinion of the Principal and of Academic Board. (6) Notwithstanding the provisions of any other written law, no person performing functions relating to the registration of companies, business, societies, universities, or other corporations shall accept such registration in the name which includes ―Marist International University College‖ unless the application for the registration is accompanied by the written consent of the Board of Trustees. (7) Regulations shall only by made by resolution passed at one meeting of the Board of Governors supported by a majority of not less than three-fourths of the members present and voting being not less than half of the total membership of the Board of Governors. (8) Statutes or academic regulations shall be passed by the Board of Governors in consultation with the Board of Trustees and any dispute in the interpretation of these Statutes shall be referred to the same. The Board of Trustees’ decision is final in this matter. Where there are significant changes in Statutes, the changes shall be submitted to the Senate of the University for Approval. Sealed with the Common Seal of the Commission For Higher Education Sealed with the Common Seal of the Catholic University of Eastern Africa In the presence of Chairman, Commission Secretary/Chief Executive, Chairman of Council and Vice-Chancellor. This 20th day of August, 2011. E. MARITIM, Chairman. E. STANDA, Secretary/Chief Executive. T. SIYAYE, Chairman of Council. J. C. MAVIIRI, MR8054816 Vice-Chancellor. 2nd September, 2011 THE KENYA GAZETTE 3385