PART I – PRELIMINARY
1.
Short title
This Act may be cited as the Masinde Muliro University of Science and Technology Act, 2006.

2.
Interpretation
(1) In this Act, unless the context otherwise requires—
“affiliated institution” means an institution which has an academic linkage with the University for the purpose of granting certificates, diplomas and degrees in accordance with the statutes;
“Alumni Association” means the alumni association of the University established under section 17;
“annual estimates” means the estimates approved under section 22 in respect of any financial year;
“Chancellor” means the Chancellor of the University appointed under section 10;
“chairperson of department” means the person appointed by the Vice-Chancellor to be the chairperson of a teaching department or the head of any unit of the University;
“Commission” means the Commission for Higher Education established by section 3 of the Universities Act (Cap. 210B);
constituent college” means a college established under section 5;
“Council” means the Council of the University established under section 14;
“Deputy Vice-Chancellor” means the Deputy Vice-Chancellor appointed under section 12;
“financial year” means a financial year within the meaning of section 20;
“graduate” means a person upon whom a degree or other academic qualification has been conferred by the University;
“lecturer” means a member of the staff of the University who is, in the terms of appointment, a professor, an associate professor, a senior lecturer, a lecturer, an assistant lecturer, or who holds any other teaching post which the Council, on the recommendation of the Senate, has recognised as a post having academic status in the University;
“principal” means a person appointed under section 13 to be the principal of a college within the University;
“professor” means a professor of the University, but does not include an associate professor;
“statutes” means the rules and regulations of the University or made by the Council under section 25;
“student” means a person for the time being 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;
“students’ organization” means the association of students recognized by the Council as being an organization representative of the students of the University;
“the Senate” means the Senate of the University established under section 16;
“the University” means the Masinde Muliro University of Science and Technology established by section 3;
“Vice-Chancellor” means the Vice-Chancellor of the University appointed under section 11.

(2) References in this Act to offices or authorities of a constituent college or a University campus 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.
Establishment of the University
(1) There is hereby established a university to be known as the Masinde Muliro University of Science and Technology.
(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 or disposing of movable and immovable property;
(c) borrowing or lending money;
(d) entering into contracts; and
(e) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

(3) The University is the successor to Western University College of Science and Technology established by the Western University College of Science and Technology Order, 2002 (now revoked) (L.N. 373/2002) and subject to this Act, all rights, duties, obligations, staff, assets and liabilities of the Western University College of Science and Technology existing at the commencement of this Act shall be automatically and fully transferred to the University and any reference to the Western University College of Science and Technology in any contract or document shall, for all purposes, be deemed to be a reference to the University established under subsection (1).

4.
Functions and objects of the University
(1) The functions and objects of the University shall be to—
(a) provide directly, or in collaboration with other institutions of higher learning, facilities for university education, including technological, scientific, professional education and research;
(b) participate in the discovery, creation, transmission, preservation and enhancement of knowledge and to stimulate the intellectual participation of students and staff in economic, social, cultural, scientific and technological development;
(c) harness acquired knowledge through scientific and technological innovation;
(d) conduct examinations for purposes of granting certificates, diplomas, degrees and such other academic awards as may be provided for in the statutes;
(e) determine who may teach, what may be taught and how it may be taught in the University; and
(f) play an effective role in the development and expansion of opportunities for university education.

(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, race, gender, 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, race, gender, sect or creed.
(3) The University shall charge such fees or levy as may, from time to time, be approved by the Council from students admitted to the University for defraying expenses connected with their education.

5.
Constituent colleges
The President may, on the advice of Council, by Order in the Gazette—
(a) establish any college as a constituent college of the University; or
(b) declare an institution of learning or of higher education, or any training establishment to be a constituent college of the University.

6.
Colleges within the University
(1) The President may, on the advice of Council, establish colleges within the University.
(2) The President may, on the advice of Council, establish college campuses.
(3) A college established under this section shall consist of such faculties, institutes, centres or schools and shall have such functions and powers as may be provided for in the statutes.

7.
Conferment of degrees
(1) Subject to this Act, the University may confer any degree or award any diploma, certificate or any other academic qualification, which it is for the time being authorized by the statutes of the University to confer or award.
(2) Subsection (1) shall apply to any honorary degree or academic distinction which the Council may wish to 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.

8.
Other awards
Subject to this Act, the University may award fellowships, scholarships, bursaries and prizes and make other awards which may be provided for in the statutes.
PART III – MEMBERSHIP AND GOVERNANCE OF THE UNIVERSITY
9.
Membership of the University
The members of the University shall be—
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) the Deputy Vice-Chancellors;
(d) principals of the constituent colleges;
(e) principals of colleges within the University;
(f) members of the Council;
(g) professors and lecturers of the University;
(h) the librarians;
(i) the registrars;
(j) the finance officer;
(k) the dean of students;
(l) the students;
(m) members of the Alumni Association;
(n) members of the Senate;
(o) members of the governing body of each constituent college;
(p) the secretary of the governing body of each constituent college;

(q) such other members of staff of the University or any other body formally admitted into association with the University or any of its constituent colleges as the Council may from time to time determine.

10.
The Chancellor
(1) The President shall, unless he deems it fit to appoint some other person, be the Chancellor of the University.
(2) If the President deems it fit to appoint some other person to be the Chancellor, he shall, in consultation with the Commission, appoint such person, and a person so appointed shall become the Chancellor and shall perform such functions and exercise such powers of the Chancellor as are provided under this Act.
(3) 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.
(4) The Chancellor—
(a) shall be the head of the University and shall, in the name of the University, confer degrees and award diplomas, certificates and other awards of the University;
(b) may from time to time, direct an inspection, visitation or inquiry of the University or an inquiry into the teaching, research or any other work of the University;
(c) may, from time to time, give advice to the Council which he considers necessary for the development of the University;
(d) shall enjoy such powers and privileges and perform such other functions as may be provided in the statutes.

(5) Whenever the Chancellor (not being the President) is absent from Kenya or is for any reason unable to perform the functions of that office, the President or any person authorised by the President in that behalf, may appoint a person to perform those functions during the absence or inability of the Chancellor.

11.
The Vice-Chancellor
(1) There shall be a Vice-Chancellor of the University who shall be appointed by the Chancellor on the advice of the Council.
(2) The Vice-Chancellor shall—
(a) be the chief executive of the University;
(b) have the overall responsibility for the direction, organization and administration of programmes of the University;
(c) be the chairperson of the Senate;
(d) be responsible to the Council for the general conduct and discipline of the students and staff of the University; and
(e) be the secretary to the Council.

(3) The Vice-Chancellor shall hold office for a period of four years, but shall be eligible for reappointment for one further term of four years.

12.
The Deputy Vice-Chancellors
(1) The Council shall, in consultation with the Chancellor, appoint three or more Deputy Vice-Chancellors from among the professors of the University who shall under the general authority of the Vice-Chancellor perform such duties as may be provided by the statutes.
(2) A Deputy Vice-Chancellor shall hold office for a period of three years and shall be eligible for reappointment for one further term of three years.

13.
Principals of colleges within the University
(1) The Council shall, in consultation with the Chancellor, appoint a principal for each college within the University, who shall be the academic and administrative head of the college and who shall, under the general direction of the Vice-Chancellor, have such other powers as may be provided by the statutes.
(2) A person appointed as principal under subsection (1) shall hold office for a period of three years but shall be eligible for reappointment for one further term of three years.

14.
The Council
(1) There shall be a Council of the University which shall consist of—
(a) a chairperson, a vice-chairperson and an honorary treasurer all of whom shall be appointed by the President;
(b) the Vice-Chancellor;
(c) the Permanent Secretary in the Ministry for the time being responsible for education;
(d) the Permanent Secretary in the Ministry for the time being responsible for finance;
(e) the Director of Personnel Management;
(f) not more than three members appointed by the President one of whom shall be from the manufacturing industry;
(g) two members elected by the Senate from among its members;
(h) one member elected by the members of the University’s academic staff union from among their number;
(i) one male and one female student member elected by the students’ organization from among their number;
(j) one member elected by technical, library and administrative staff from among themselves;
(k) one member elected from Alumni Association among its members who shall not be members of the staff of the University;
(l) one member from Kenya Union of Domestic, Hotel, Educational Institutions, Hospitals and Allied Workers;
(m) the secretary to the Commission; and
(n) two members co-opted by the Council.

(2) The following persons shall be ex officio members of the Council—
(a) the Deputy Vice-Chancellors;
(b) the principal of the constituent colleges;
(c) the principals of colleges within the University.

(3) The registrar responsible for matters relating to administration shall be the secretary to the Council.
(4) Subject to subsection (5), 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 reappointment.
(5) The office of a member of the Council shall become vacant—
(a) if, not being an ex officio member, the member resigns from office in writing addressed to the secretary of the Council;
(b) if the Council after due inquiry is satisfied that the member is, by reason of physical or mental infirmity, unable to exercise the functions of that office;
(c) upon death;
(d) if the member is adjudged bankrupt by a court of competent jurisdiction;
(e) if the member is convicted of a criminal offence by a court of competent jurisdiction and sentenced to imprisonment for a term exceeding six months without the option of a fine; or
(f) if the member is absent from three consecutive meetings of the Council without apology.

(6) Where the office of a member of Council becomes vacant under subsection (5), the secretary of the Council shall forthwith notify the vacancy to the appropriate appointing body or person for action.
(7) The Council may make rules regulating its procedures and conduct of affairs.

15.
Functions of the Council
(1) Subject to this Act, the governance, control and administration of the University shall vest in the Council.
(2) Without prejudice to the generality of subsection (1), the Council shall have power to—
(a) administer the property and funds of the University in such manner and for such purposes as shall promote the best interests of the University, but the Council shall not charge or dispose off the immovable property of the University without the approval of the Chancellor;
(b) receive, on behalf of the University, donations, endowments, gifts, grants or other moneys and make legitimate disbursements therefrom;
(c) protect the intellectual properties of the University;

(d) provide for the welfare of the staff and students of the University;
(e) generate and raise funds for the purposes of the University from within or outside Kenya;
(f) make, after consultation with the Senate, statutes governing the conduct and discipline of the students of the University;
(g) determine, on the advice of the Senate, the maximum number of students to be admitted to the University at any one time from amongst those qualified for admission;
(h) enter into academic linkages or affiliations with other universities or institutions of higher learning within or outside Kenya as the Council may deem necessary and in the best interests of the University.


16.
The Senate
(1) There shall be a Senate of the University which shall consist of—
(a) the Vice-Chancellor who shall be the chairperson;
(b) the Deputy Vice-Chancellors;
(c) the principals of the constituent colleges;
(d) the principals of colleges within the University;
(e) the deans and directors of the faculties, schools, centres, parks and institutes of the University;
(f) the chairpersons of teaching departments of the University;
(g) the University’s director of library services;
(h) one representative elected from among librarians;
(i) one representative of each of the faculty boards appointed by each board from amongst its members;
(j) all professors of the University as may be provided for by the statutes;
(k) 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 chairperson 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;
(l) two representatives elected by the trade union representing the University’s academic staff;
(m) the University’s dean of students;
(n) two members elected by the academic board or equivalent body of each constituent college;
(o) such other members as may be provided for by the statutes.

(2) The registrar responsible for matters relating to academic affairs shall be the secretary to the Senate.

(3) The Senate shall have the power to—
(a) 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) propose statutes to be made by the Council regarding the eligibility of persons for admission to a course of study;
(c) propose statutes for consideration by the Council regarding the standard of proficiency to be attained in each examination for a degree, diploma, certificate or other award of the University;
(d) decide which persons have attained the prescribed standards of proficiency or are otherwise fit to be granted a degree, diploma, certificate or other award of the University;
(e) initiate proposals relating to the conduct of the University’s academic programmes or affairs generally and to make representations thereon to the Council;
(f) make statutes governing such other matters as lie within its powers in accordance with this Act or statutes.

(4) Notwithstanding any other provision of this Act, the Council shall not initiate any action in respect of the matters mentioned in paragraph (a), (b) or (c) of subsection (3) except upon receipt of a report or proposal thereunder and the Council shall not reject any such report or reject or amend any statutes as proposed without further reference to the Senate.

17.
The Alumni Association
(1) There shall be an Alumni Association of the University which shall consist of graduates of the University and such other members as may be prescribed by the statutes.
(2) The Alumni Association shall have the right to meet and discuss any matter relating to the University and transmit resolutions thereon to the Council or the Senate as may be appropriate and may exercise such other functions as may be prescribed in the statutes.
(3) The Council shall make rules for the establishment and promotion of the Alumni Association.

18.
Staff of the University
(1) The academic staff of the University shall consist of the Vice-Chancellor, Deputy Vice-Chancellors, principals of constituent colleges, principals of colleges within the University, librarians of the University and of each constituent college, registrars, lecturers and all members of the staff who are engaged in teaching, research or extension in the University.
(2) The management staff of the University shall consist of the Vice-Chancellor, Deputy Vice-Chancellors, principals and deputy principals of constituent colleges, principals of colleges within the University, deans of faculties and directors of schools, centres and institutes of the University, director of library services, chairpersons of departments, registrars and finance officers of the University and of constituent colleges, and such other members of staff as the Council may, from time to time, determine.
(3) All members of staff of the University shall, subject to this Act, be appointed by the Council either—
(a) in the manner and 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 the terms and conditions agreed by the Council and the seconding body.

(4) The Council may, subject to such restrictions as it may impose, delegate either generally or specifically to any person or committee the power to appoint any member of staff of the University.
(5) All members of staff of the University shall—
(a) be subject to the general authority of the Council and of the Vice-Chancellor; and
(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.

(6) The academic and administrative staff of a constituent college shall be subject to the Order establishing that college.

19.
Performance of functions in absence of the office holder
(1) In the event of the incapacity of the Vice-Chancellor, the chairperson of Council in consultation with the Chancellor shall designate one of the Deputy Vice-Chancellors to carry out the functions of the Vice-Chancellor during the incapacity.
(2) In the event of the simultaneous incapacity of the Vice-Chancellor and the Deputy Vice-Chancellors, the Chancellor, after consultation with the chairperson of Council, may appoint any suitable member of the academic staff of the University to perform the functions of the Vice-Chancellor during the period of the incapacity.
(3) In the event of the incapacity of any member of staff of the University other than the Vice-Chancellor, the Vice-Chancellor may appoint a suitable person to perform functions of the member during the period of the incapacity.
(4) In this section, “incapacity” means inability for any reason to perform the functions of the office concerned.

PART IV – FINANCIAL PROVISIONS
20.
Financial year
(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 constituent 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.

21.
Investment of funds
(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 securities which the Treasury may from time to time approve for that purpose.
(2) The Council may place on deposit with such bank or banks as it may determine any monies not immediately required for the purposes of the University.

22.
Annual estimates
(1) Before the commencement of a financial year, the Council 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 estimated expenditure of the University for the financial year concerned, and in particular shall provide for the—
(a) payment of salaries, allowances, pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the University;
(b) proper maintenance of buildings and grounds of the University;
(c) proper maintenance, repair and replacement of the equipment and other property of the University;
(d) funding of the cost of teaching research and extension activities of the University;
(e) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Council may think fit.

(3) The annual estimates shall be approved by the Council before commencement of the financial year to which they relate, and shall be submitted to the Minister for approval, and after the Minister has given approval, the Council shall not increase the annual 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.

23.
Accounts and audit
(1) The Council shall cause to be kept all proper books and records of account of the income, expenditure and assets and liabilities of the University.

(2) Within a period of three months from the end of each financial year, the Council shall submit to the Controller and Auditor-General or to an auditor appointed under subsection (3) the accounts of the University together with—
(a) a statement of income and expenditure during that year; and
(b) statement of the assets and liabilities of the University on the last day of the year.

(3) The accounts of the University shall be audited and reported upon in accordance with Part III of the Public Audit Act (Cap. 412B), by the Controller and Auditor-General or by an auditor appointed by the Council under the authority of the Controller and Auditor-General given in accordance with section 39 of the Public Audit Act (Cap. 412B).

PART V – MISCELLANEOUS PROVISIONS
24.
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.
(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 one of the Deputy Vice-Chancellors.
(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.
(4) 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 signed under the hand of the Chairperson, the Vice-Chancellor or the Deputy Vice-Chancellor for the time being responsible for administration or any other member of the Council duly authorized by the Council in that behalf.

25.
Statutes
(1) In the performance of its functions under this Act, the Council shall subject to this Act, make statutes generally for the governance, 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, centres, parks and schools of the University;
(b) the description of degrees;
(c) the description of diplomas, certificates and other academic awards;
(d) the requirements for the award of degrees, diplomas, certificates and other academic awards;
(e) the conduct of examinations;
(f) determination and collection of fees and other charges;

(g) the settlement of the terms and conditions of service, including the appointment, discipline, dismissal, remuneration and retirement benefits, of the members of the staff of the University;
(h) the constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees thereof;
(i) prescribing the rules and statutes of the students’ organization;
(j) making statutes that govern intellectual property rights of the University;
(k) providing for or prescribing anything which under this Act, may be provided for or prescribed by the statutes.

(2) Notwithstanding subsection (1), the Council shall not make, amend or revoke, any statutes relating to the functions or privileges of the Chancellor, the Vice-Chancellor or the Senate without first ascertaining the opinion of the Senate.
(3) Statutes shall only be made by a resolution passed at a meeting of the Council 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 Council.
(4) Statutes made by the Council under this Act shall be published in the Kenya Gazette but sections 27, 31(e) and 34 of the Interpretation and General Provisions Act (Cap. 2) shall not apply to such statutes.

26.
Protection of name
(1) Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies, business or societies shall accept for such registration any name which includes together with the word “University” the word “Masinde Muliro” unless the application for the registration is accompanied by the written consent of the Council.
(2) Any person who, except with the written consent of the Council, uses the word “Masinde Muliro” together with the word “University” in furtherance of, or as a business, society, calling or profession commits an offence and shall, on conviction, be liable to a fine not exceeding Kenya shillings one million or to imprisonment for a term not exceeding twelve months or both to such fine and imprisonment.