GAZETTE NOTICE NO. 11937

in accordance with Section 5 of the Catholic University of Eastern Africa Charter. Definitions: 1. In these Statutes, unless the context requires otherwise: “Board‖ refers to the Board of Trustees as defined in these Statutes. ―Trustees‖ means the Board of Trustees to be regulated under the Trustees (Perpetual Succession) Act, 164 of the Laws of Kenya to hold the rights, assets, and liabilities of the College. ―Academic Board‖ refers to the body as defined in these Statutes Sect. 10. ―Constitution‖ means Constitution governing the Congregation of the Assumption Sisters of Nairobi. ―Charter‖ means the Charter of the Catholic University of Eastern Africa. ―University‖ means the Catholic University of Eastern Africa (CUEA). ―Statutes" means the Statutes of Regina Pacis University College. "The Chancellor" means the Chancellor of the University. ―The Principal" means the principal of the College appointed under Sect. 12. ―Librarian‖ means the Librarian of the College. ―Management Board‖ refers to the Body as defined in these Statutes Sect.11. ―Registrar‖ means the Registrar of the College. ―Senate‖ means the Senate of the Catholic University of Eastern Africa established by the Charter. "The Alumni Association" means the alumni association of the College which may be established under Sect. 14 "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. ―Governing Board‖ means the body entrusted with the governance of the College. It is the policy making organ of the college. THE KENYA GAZETTE 23rd September, 2011 3654 3654 ―College‖ refers to Regina Pacis University College (RPUC) a Constituent College of The Catholic University of Eastern Africa (CUEA). Establishment: 2. (1) There is established an institution of higher learning to be known as Regina Pacis University College, Constituent College of the Catholic University of Eastern Africa here in referred to as the College. (2) The College is founded and sponsored by the Assumption Sisters of Nairobi a registered Legal Entity under the laws of Kenya. (3) The rights, liabilities and assets of the College shall be held in the name of the Regina Pacis University College Registered Trustees. All assets and liabilities, rights and privileges held by or on behalf of the college shall be transferred fully to the trust upon execution of these Statutes. Objectives: 3. (1) The Objectives of the College are to: (a) provide directly and/or in collaboration with other institutions of higher learning resources for university education, training, research and community service as well as conduct examinations for academic awards and such other activities as may be determined from time to time by the University and in accordance to the provisions and norms of the Apostolic Constitutions Ex Corde Ecclesiae and as may be provided in the statutes pertaining to the Constituent Colleges. (b) prepare students who will uphold human dignity and hold high Christian moral principles as well as develop leadership qualities. (c) prepare students to have in-depth knowledge in their chosen field, enable them to conduct research and to utilize research findings to improve their quality of life and develop and maintain a learner-centred environment as well as prepare graduates who will be equipped with flexibility in employment and who will bring about needed transformation to the Church and society, (d) Offer consultancy, research services as well as examine and make proposals for new faculties, departments, institutes, degree courses and subjects of study, (e) 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, (f) enable students from poor socio-economic status and especially women to access university education. Degrees, Diplomas and Other Awards: 4. (1) The degrees shall be conferred by the Catholic University of Eastern Africa. (2) Notwithstanding subsection 4.1, the College shall have the 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 by the University which will then inform 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 provision 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. (1) Subject to this 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 Governing Board. (e) The Members of the Management Board (f) The Members of the Academic Board. (g) The Principal of the College. (h) The Deputy Principals. (i) The Dean of the appropriate Faculty of the University. (j) The Registrar. (k) The Librarian. (l) The professors, lecturers, tutors and Instructors. (m) The Financial Administrator. (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 Conventions of the Constituent Colleges of the University, 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 Governing Board of the College. (d) the Academic board of the College. (e) the Management Board of the College. The Board of Trustees: 8. (1) The Regina Pacis 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 Assumption Sisters of Nairobi. (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 Governing Board shall subject to the preceding sub-clause serve as members of the Governing Board for three years renewable. (5) Any member of the Governing Board may by a simple majority vote of the Trustees voting thereof be removed as a member of the Governing Board at any time and at the absolute discretion of the Trustees. (6) The Functions of the Board of Trustees shall be to— (a) hold the rights, 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 operations of the college; (e) provide the resources needed to facilitate the institution achieve its objectives; (f) appoint members of the Governing Board; (g) approve the budget of the College; The Governing Board: 9. (1) There shall be established a Governing Board 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 Governing Board. Members of the Governing Board shall comprise or be constituted by the following persons: 1. Chairperson appointed by the Board of Trustees. 2. At most three members appointed by the Board of Trustees. 3. One person representing the Assumption Sisters of Nairobi. 23rd September, 2011 THE KENYA GAZETTE 4. The Principal of the College is the secretary of the Governing Board. 5. One member from the University. 6. One member representing academic interests. 7. Three member representing legal, bank, planning interests of the College respectively. (2) Members of the Governing Board shall meet at least once every Quarter. (3) Members of the Governing Board shall hold office for a term of three years renewable. (4) The Governing Board 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 Governing Board 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 initiates actions deemed necessary for change or enhancing existing policies, rules and regulations; (d) Ensure that the College is fiscally sound and to 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 decision on the salaries and benefits of the staff of the College; (f) Draw the budget and oversee the implement 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; (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 adhoc committees as may be deemed necessary. The Academic Board: 10. (1) There shall be an Academic Board of the College which shall consist of: (a) The Principal, who shall be the Chairperson. (b) The Deputy Principals. (c) Dean of Students. (d) The Dean(s). (e) University Representative. (f) The Registrar of the College. (g) The Librarian of the College. (h) The Financial Administrator. (i) Full-time members of the academic staff. (j) The students elected according to the provisions of the statutes of the Colleges, except that the student members shall not be entitled to attend deliberations of the Academic Board on matters which are considered by the Principal to be confidential and which relate to examinations, the general discipline of students and other related matters. (2) 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 to submit its findings thereon to the Senate of the University 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) recommend 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 College and to report its recommendation thereon to the Senate, 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 Governing Board 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) to make regulations governing such other matters as are within its powers in accordance with the Constituent College Statutes or these statutes; (4) Notwithstanding any other provision of these Statutes, the Senate of the University shall not initiate any action in respect to subparagraphs b, c, d, e and f of 10.3, 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 meet 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. Management Board: 11. (1) There shall be established a Management Board made up of the following persons: (a) Principal (Chairperson). (b) Deputy Principal (s). (c) Faculty Deans. (d) Registrar (Secretary). (e) Financial Administrator. THE KENYA GAZETTE 23rd September, 2011 3656 3656 (f) Librarian. (g) Personnel Officer. (h) Any other person (s) duly appointed by the Board of Trustees. (2) The Management board shall assist the Principal in the day-to- day operations of the College and shall have the following responsibilities— (a) managing the College‘s human, physical and financial resources; (b) coordinating the College‘s strategic and development plans; (c) making proposals to the Board of Trustees, the Governing Board and the Academic Board on policies that have application within the College; (d) drawing of the annual budget; (e) attending to other matters related 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 the Statutes or Convention. Principal: 12. (1) There shall be a Principal of the College appointed on merit by the Governing Board in consultation with the Board of Trustees and accountable to the same. (2) The principal shall hold office for a term of three years and upon the expiration of the period shall be eligible for re-appointment. (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) be the accounting officer of the college; (d) Supervise the College human resource; (e) maintain academic standards and promote the development of academic programmes; (f) in consultation with relevant bodies, recommend persons to be appointed for senior posts and other posts, to the Board of Trustees and the Governing Board; (g) be the secretary to the Board of Trustees and report to the Board on the functioning of the College; (h) represent the College in its relations with the university, other academic institutions, the church and other stakeholders; (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) Secretary to the Governing Board. (l) 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 Administration. In the absence of the Deputy Principal Administration the chairperson of the Governing Board shall appoint a suitable person. Staff of the College: 13. (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, Dean(s), 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 hi/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 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. 12.4 will apply. (10) In case of personal incapacity of any other 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 specially, to any committee the power to appoint any member of the staff of the College. (15) All members of the staff of the College shall be subject to the general authority of the Board of Trustees and of the Principal. Alumni: 14 (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 relations thereon to the Board of Trustees, Governing Board, Academic Board or the Management Board. (3) The Alumni shall develop Rules and Regulations for approval by the Board of Trustees. (4) The Alumni may exercise such other functions as the rules and regulations shall set out. Students: 15. (1) The students of the College will 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. 15. (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 recommendations 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, 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. 23rd September, 2011 THE KENYA GAZETTE (6) Students have a right to form a student Association of the College whose objects 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 Constituent 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. Programmes: 16. (1) Study programmes shall be drawn up in accordance with the spirit and norms of Ex Corde Ecclesiae, the Mission, Philosophy and objects 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) Certificate and Diploma programmes shall be approved by the Academic Board of the College and report made to the Senate. Library: 17. (1) There shall be a Library to serve as an essential study and research facility. (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 works, appropriate journals, instructional materials, internet access and digital storage systems and to suggest resources to the Academic Board. Financial Provisions, Annual Estimates and Accounts: 18. (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 Governing Board 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 Governing Board shall nominate signatories to the account (s). (4) The Governing Board may direct that the funds of the College or the assets of the College be invested in securities, treasury bonds, trusts funds or any other securities as they may deem necessary. (5) Before the commencement of a financial year the Governing Board 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 the 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 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 Governing Board 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 Governing Board shall establish. Miscellaneous: 19. (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 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 Constituent College 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 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 Governing Board 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 the 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 Governing Board and of the Academic Board; (h) conduct and discipline of staff and students of the College; (5) Notwithstanding 19.4, Governing Board 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 the 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 ―Regina Pacis University College‖ unless the application for the registration is accompanied by the written consent of the Governing Board. (7) Regulations shall only be made by resolution passed at one meeting of the Governing Board 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 Governing Board. (8) Statutes or academic regulations shall be passed by the Governing Board 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 17th day of February, 2011. E. MARITIM, Chairman. E. STANDA, THE KENYA GAZETTE 23rd September, 2011 3658 3658 Secretary/Chief Executive. T. ZIYAYE, Chairman of Council. J. C. MAVIIRI, MR8256344 Vice-Chancellor.