Co-operative College of Kenya Act

This Act may be cited as the Co-operative College of Kenya Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 490A
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Co-operative College of Kenya Act. This section provides definitions (interpretation) for terms used in the Act, listing specific meanings for quoted terms such as "Academic Board", "Alumni Association", "Cabinet Secretary", "College", and others. Establishes the Co-operative College of Kenya and gives the College powers including suing and being sued, holding property, borrowing and lending money, entering contracts, and allows the Cabinet Secretary (in consultation with the Council) to declare institutions to be constituent training centres by notice in the Gazette. The College's common seal must be authenticated by the signature of the Principal and the Chairperson or by any other member of the Council duly authorized by the Council. The College is to provide co-operative education and training for various categories of personnel of the co-operative movement and Government officers, and to serve as a centre of academic excellence in the co-operative movement in Kenya.

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Provisions of Co-operative College of Kenya Act

Showing 24 of 24

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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This Act may be cited as the Co-operative College of Kenya Act.

Section 1. Short title Section This Act may be cited as the Co-operative College of Kenya Act.
2
PRELIMINARY - 2. Interpretation
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This section provides definitions (interpretation) for terms used in the Act, listing specific meanings for quoted terms such as "Academic Board", "Alumni Association", "Cabinet Secretary", "College", and others.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Academic Board" means the Academic Board of the College established under section 14 ; "Alumni Association" means the Alumni Association of the College established under section 15 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for Co-operative Development; "College" means the Co-operative College of Kenya established under section 3 ; "constituent training centre" means a training centre referred to in section 3 (2)(a); "Council" means the governing Council of the College established under section 7 ; "department" means a department of the College established under section 8 ; "Deputy Principal" means a Deputy Principal of the College appointed under section 10 ; "former College" means the Co-operative College of Kenya established before the commencement of this Act under the Ministry of Co-operative Development; "graduate" means a person upon whom a diploma or certificate or any other award has been conferred by the College; "Principal" means the Principal of the College appointed under section 10 ; "Registrar" means the Registrar of the College appointed under section 10 .

Part II

ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE

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ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE - 3. Establishment of the College
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Establishes the Co-operative College of Kenya and gives the College powers including suing and being sued, holding property, borrowing and lending money, entering contracts, and allows the Cabinet Secretary (in consultation with the Council) to declare institutions to be constituent training centres by notice in the Gazette.

Section 3. Establishment of the College Section 3(1) There shall be established a College to be known as the Co-operative College of Kenya referred to in this Act as the "College" which shall be the successor to the institution hitherto known as the Co-operative College of Kenya established under the Ministry of Co-operative Development in this Act referred to as the "former college". Section 3(2)(a) any constituent training centres that may be established from time to time by the College; and Section 3(2)(b) any other institution as the Cabinet Secretary may from time to time in consultation with the Council by notice in the Gazette declare to be a constituent training centre of the College. Section 3(3)(a) suing and being sued; Section 3(3)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(3)(c) borrowing or lending money; and Section 3(3)(d) doing or performing all such other things or acts, including entering into such contracts as may be necessary or expedient for the furtherance of the provisions of this Act which may lawfully be done by a body corporate.
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ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE - 4. Common seal and signification of documents
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The College's common seal must be authenticated by the signature of the Principal and the Chairperson or by any other member of the Council duly authorized by the Council.

Section 4. Common seal and signification of documents Section 4(1) The common seal of the College shall be kept in such custody as the Council directs and shall not be used except by the order of the Council. Section 4(2) The common seal of the College shall be authenticated by the signature of the Principal and the Chairperson or by any other member of the Council duly authorized by the Council on its behalf. Section 4(3) The common seal of the College when affixed to any document and authenticated under this section shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorization of the Council shall be presumed to have been duly given.
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ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE - 5. Functions of the College
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The College is to provide co-operative education and training for various categories of personnel of the co-operative movement and Government officers, and to serve as a centre of academic excellence in the co-operative movement in Kenya.

Section 5. Functions of the College Section to provide co-operative education and training for various categories of personnel of the co-operative movement and Government officers, and to serve as a centre of academic excellence in the co-operative movement in Kenya;
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ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE - 6. Admission to the College
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Admission to the College is open to all persons accepted as qualified by the Academic Board, and shall be without discrimination on listed grounds.

Section 6. Admission to the College Section Admission to the College as candidates for diplomas, certificates or other academic awards shall be open to all persons accepted as being qualified by the Academic Board, without discrimination on grounds of race, place of origin or residence or other local connections, political opinion, colour, creed or sex and no barrier based on any such grounds shall be imposed upon any person as a condition of that person becoming a continuing to be a member of the academic staff, or a graduate or student, of the College or of that person holding office in the College, nor shall any preference be given to or advantage be withheld from any person on any such grounds.

Part III

MANAGEMENT OF THE COLLEGE

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MANAGEMENT OF THE COLLEGE - 10. Principal, Deputy Principal and Registrar
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The Cabinet Secretary must appoint a Principal on the advice of the Council; the Council must appoint a Deputy Principal and a Registrar; the Deputy Principal and Registrar must assist the Principal in specified functions; the holders will hold office on terms and periods determined by the Council; the Deputy Principal is secretary to the Academic Board.

Section 10. Principal, Deputy Principal and Registrar Section 10(1) There shall be a Principal of the College who shall be appointed by the Cabinet Secretary on the advice of the Council. Section 10(2) The Council shall appoint one Deputy Principal to assist the Principal in academic matters, and a Registrar who shall assist the Principal in the administration and management of the College’s funds and assets. Section 10(3) The Principal, the Deputy Principal and the Registrar shall hold office upon such terms and for such period as may be determined by the Council. Section 10(4) The Deputy Principal appointed under subsection (2) shall be the secretary to the Academic Board.
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MANAGEMENT OF THE COLLEGE - 11. Functions of the Principal
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The Principal of the College is the chief executive and Chairperson of the Academic Board and must oversee the College's programmes and be responsible to the Council for staff and student conduct and discipline.

Section 11. Functions of the Principal Section 11(1) The Principal of the College shall be the chief executive of the College and Chairperson of the Academic Board. Section 11(2)(a) have overall responsibility for the direction, organization, content and administration of the College’s programmes; and Section 11(2)(b) be responsible to the Council for the general conduct and discipline of the staff and students.
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MANAGEMENT OF THE COLLEGE - 12. Academic and administrative staff of the College
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Defines academic and administrative staff; Council may determine terms, make rules, and delegate appointment powers; staff are to be full‑time unless rules or appointment terms provide otherwise.

Section 12. Academic and administrative staff of the College Section 12(1) The academic staff of the College shall consist of the Principal, the Deputy Principal, the librarian and all members of staff who are engaged in teaching or research. Section 12(2) The administrative staff of the College shall consist of the Principal, the Registrar and such other members of the staff, not being engaged in teaching or research, as the Council may from time to time determine. Section 12(3)(a) upon such terms and conditions of service as may be determined by the rules made by the Council; or Section 12(3)(b) in case of an officer seconded from the service of any university, university college or similar institution, any other college, the Government or any other public service or a State corporation, on such terms and conditions as may be agreed between the Council and the seconding authority or body. Section 12(4) The Council may, subject to such restrictions, if any, as it may impose, delegate, either generally or specifically, to any person, or committee of the Council, the power to appoint any member of the staff of the College. Section 12(5)(a) be subject to the general authority of the Council; and Section 12(5)(b) be employed on full time basis unless otherwise specifically provided in the rules or the terms of a particular appointment. Section 12(6) There may be established, with the approvals of and in accordance with such rules as may be made by the Council, a College Staff Welfare Association.
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MANAGEMENT OF THE COLLEGE - 13. Performance of functions in the absence of office holders
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If the Principal is incapacitated the Deputy Principal performs the Principal's functions; if both are incapacitated the Cabinet Secretary (after consulting the Council Chair) may appoint academic staff to act; the Principal may appoint staff to cover other incapacitated staff. "Incapacity" is defined as absence from Kenya or inability to perform the office's functions.

Section 13. Performance of functions in the absence of office holders Section 13(1) In the event of the incapacity of the Principal, the functions of the Principal shall during the incapacity be performed by the Deputy Principal. Section 13(2) In the event of the incapacity of both the Principal and the Deputy Principal, the Cabinet Secretary, after consultation with the Chairperson of the Council, may appoint a member of the academic staff of the College to perform the functions of the Principal during the incapacity. Section 13(3) In the event of the incapacity of any member of the staff of the College, other than the Principal, the Principal may appoint a suitable person from the staff to perform the functions of the member during the incapacity. Section 13(4) In this section "incapacity" means absence from Kenya or inability for any other reason to perform the functions of the office concerned.
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MANAGEMENT OF THE COLLEGE - 14. The Academic Board
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Section establishes the Academic Board, lists its members, and assigns it responsibilities including designing and assessing courses, proposing proficiency rules for examinations, approving awards on recommendation, proposing matters to Council about running the College, and regulating other academic matters under the Act.

Section 14. The Academic Board Section 14(1)(a) the Principal, who shall be the Chairperson of the Academic Board; Section 14(1)(b) the Deputy Principal who shall be the Secretary; Section 14(1)(c) the Registrar; Section 14(1)(d) the heads of departments and faculties of the College; Section 14(1)(e) the heads of constituent training centres; Section 14(1)(f) five members of the academic staff of the College, not being members of the Academic Board under any other provisions of this subsection, elected by the academic staff of the College. Section 14(2)(a) to design, develop and assess the content and academic standard of any course of study in respect of any diploma, certificate or any other academic award of the College, and to make appropriate recommendations to the Council; Section 14(2)(b) to propose rules to be made by the Council regarding the standard of proficiency to be attained in each examination for a diploma, certificate or other academic award; Section 14(2)(c) to approve, upon the recommendation of the College Assessment Committee, the award of diplomas, certificates or other academic awards to persons who attain the requisite standard of proficiency or otherwise qualify for such awards; Section 14(2)(d) to make proposals to the Council on matters relating to the running of the College generally, including the establishment of departments or faculties of the College; and Section 14(2)(e) to regulate such other academic matters as are within its powers in accordance with the provisions of this Act.
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MANAGEMENT OF THE COLLEGE - 15. The Alumni Association
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Establishes an Alumni Association of the College composed of past graduates and others prescribed by Council rules; the Association shall meet, discuss college matters, make recommendations to the Council, may assist in raising funds, and may perform other functions it deems necessary.

Section 15. The Alumni Association Section 15(1) There shall be an Alumni Association of the College comprising past graduates and such other persons as may be prescribed by rules made by the Council. Section 15(2) The Alumni Association shall meet from time to time and discuss any matters relating to the College and by resolutions adopted at such meetings make appropriate recommendations to the Council, and may assist the College in raising funds for the College, and perform such other functions as the Association may deem necessary in the interest of the College.
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MANAGEMENT OF THE COLLEGE - 7. The Council of the College
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Defines the composition of the College Council, appointment authorities for named officers, terms of office for appointed members, grounds for vacancy, and the Secretary's duty to notify vacancies.

Section 7. The Council of the College Section 7(1)(a) a Chairperson, who shall be appointed by the Cabinet Secretary; Section 7(1)(b) a vice-Chairperson who shall be appointed by the Council from amongst its members; Section 7(1)(c) the Principal, who shall be the Secretary of the Council; Section 7(1)(d) co-operative development; and Section 7(1)(d)(i) co-operative development; and Section 7(1)(d)(ii) finance; Section 7(1)(e) the Chairperson of the Kenya National Federation of Co-operatives; Section 7(1)(f) the Secretary of the Commission for Higher Education or his representative; Section 7(1)(g) the Managing Director of the Co-operative Bank of Kenya; and Section 7(1)(h) five other persons representing the co-operative movement nominated at a meeting of co-operative leaders of the Kenya National Federation of Co-operatives. Section 7(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 from the date of appointment specified in his instrument of appointment, but shall be eligible for re-appointment. Section 7(3)(a) he resigns his office in writing to the Secretary to the Council; Section 7(3)(a)(i) he resigns his office in writing to the Secretary to the Council; Section 7(3)(a)(ii) he is convicted of a criminal offence and sentenced to imprisonment for a term exceeding three months; or Section 7(3)(a)(iii) he is absent without reasonable cause from three consecutive meetings; Section 7(3)(b) if the Council is satisfied that the member is, by reason of physical or mental infirmity, unable to exercise the functions of his office; or Section 7(3)(c) upon death of the member. Section 7(4) Where the office of a member of the Council becomes vacant under subsection (3), the Secretary shall forthwith notify the appropriate appointing authority or person of the vacancy.
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MANAGEMENT OF THE COLLEGE - 8. Functions of the Council
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Section 8 vests management, control and administration of the College in the Council and lists the Council’s functions (e.g., administering funds, admitting students, setting staff terms, setting fees, student welfare, partnerships, student discipline and academic awards, establishing departments and committees).

Section 8. Functions of the Council Section 8(1) Subject to this Act and without prejudice to any other written law, trust, deed or other instrument, or power by or under which a constituent training centre is established, the management, control and administration of the College shall vest in the Council. Section 8(2)(a) to administer the property and funds of the College in a manner and for purposes which shall promote the interest of the College, but it shall not charge or dispose of immovable property of the College except in accordance with the procedures laid down by the State Corporations Advisory Committee established under the State Corporations Act ( Cap. 446 ); Section 8(2)(b) to receive gifts, donations, grants or other moneys on behalf of the College; Section 8(2)(c) to admit students to the College; Section 8(2)(d) to determine the terms and conditions of service, including the appointment, dismissal, suspension, interdiction and retirement benefits of the members of the staff of the College; Section 8(2)(e) to determine the scales of fees payable by students at the College and to prescribe the conditions under which fees may be remitted in whole or in part; Section 8(2)(f) to provide for the welfare of the students of the College and for the formation of the Student’s Alumni Association; Section 8(2)(g) to enter into association with universities, colleges and other institutions of higher learning, whether within or outside Kenya, as it may deem necessary and appropriate; Section 8(2)(h) conduct and discipline of students; Section 8(2)(h)(i) conduct and discipline of students; Section 8(2)(h)(ii) conduct of examinations; Section 8(2)(h)(iii) award of diplomas, certificates and other academic awards; Section 8(2)(i) to establish departments and faculties of the College; Section 8(2)(j) to award diplomas or certificates or make academic awards; Section 8(2)(k) to establish sub-committees of the Council.
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MANAGEMENT OF THE COLLEGE - 9. Meetings and procedure of the Council
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Sets meeting frequency, calling rules, presiding officers, quorum (seven), voting majorities, casting vote, and minute-keeping for the Council.

Section 9. Meetings and procedure of the Council Section 9(1) Unless the Council otherwise determines, a meeting of the Council shall be held at least three times in a year at such time and place as the Chairperson may appoint in consultation with the Secretary of the Council. Section 9(2) The Chairperson may at any time call a special meeting of the Council, or shall call a meeting within twenty-one days of a requisition for that purpose addressed to him and signed by one-third of the members of the Council. Section 9(3) The Chairperson, or in his absence the vice-Chairperson, shall preside at all meetings of the Council at which he is present and in the event of the absence of both the Chairperson and the vice-Chairperson, the members present and constituting a quorum shall elect a Chairperson for the meeting from among themselves. Section 9(4) At any meeting of the Council, seven members shall constitute a quorum. Section 9(5) Any issue or matter for decision by the Council shall be determined by a majority of the members present and voting. Section 9(6) In the event of equality of votes, the Chairperson of, or the person presiding at, the meeting shall have a casting vote in addition to his deliberative vote. Section 9(7)(a) minutes of its proceedings to be kept by the Secretary and such minutes shall be confirmed subject to any necessary amendments by the Council at its subsequent meeting; Section 9(7)(b) minutes of proceedings of a committee of the Council to be kept by the Secretary, and such minutes shall be confirmed by the committee members before they are presented to the Council. Section 9(8) Subject to the provisions of this section, the Council shall regulate its own procedure for the conduct of business.

Part IV

FINANCIAL PROVISIONS

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FINANCIAL PROVISIONS - 16. Financial year
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The College's financial year is the twelve‑month period from 1st July to 30th June of the next year.

Section 16. Financial year Section The financial year of the College shall be the period of twelve months commencing on 1st July and ending on the 30th June in the next succeeding year.
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FINANCIAL PROVISIONS - 17. Funds and investments
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The Council may invest College funds in certain securities or other investments approved by the Cabinet Secretary, and may place surplus money on deposit with the Co-operative Bank of Kenya or another bank it determines; funds include fees, grants, donations, endowments, loans, consultancy fees and other Cabinet Secretary‑approved sources.

Section 17. Funds and investments Section 17(1)(a) fees; Section 17(1)(b) Government grants; Section 17(1)(c) donations and gifts; Section 17(1)(d) endowments; Section 17(1)(e) loans; Section 17(1)(f) consultancy fees; and Section 17(1)(g) money from any other source approved by the Cabinet Secretary. Section 17(2) The Council may invest any of the funds of the College in securities in which trustees may by law for the time being in force invest as trust funds or in such other securities or any other investment as the Cabinet Secretary may approve. Section 17(3) The Council may place on deposits with the Co-operative Bank of Kenya or such other bank as it may determine any money not immediately required for the purpose of the College.
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FINANCIAL PROVISIONS - 18. Annual estimates
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The Council must prepare annual revenue and expenditure estimates and must approve them before the financial year starts.

Section 18. Annual estimates Section 18(1) Not later than three months before the beginning of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the College for that financial year. Section 18(2)(a) 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; Section 18(2)(b) for the payment of the salaries, allowances and other charges in respect of the staff of the College and members of the Council; Section 18(2)(c) for the proper maintenance of the buildings and grounds of the College; Section 18(2)(d) for the proper maintenance, repair and replacement of plant and equipment, and other movable property of the College; Section 18(2)(e) for the cost of teaching and research activities of the College; Section 18(2)(f) for insurance and contingent services; Section 18(2)(g) for contributions towards activities of the College with respect to collaboration with other institutions or bodies; Section 18(2)(h) for food, provisions and rations; and Section 18(2)(i) for any other expenditures approved by the Council. Section 18(3) The annual estimates in respect of each financial year shall be approved by the Council not later than one month before the beginning of the financial year. Section 18(4) No expenditure shall be incurred for any purpose of the College, except in accordance with the annual estimates approved under subsection (3) or in pursuance of any authorization of the Council.
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FINANCIAL PROVISIONS - 19. Accounts and audit
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Council must keep proper books and records for the College; it must include statements of income and expenditure and of assets and liabilities; the Auditor‑General must audit and report annually in accordance with Part VII of the Exchequer and Audit Act (Cap. 412).

Section 19. Accounts and audit Section 19(1) The Council shall cause to be kept proper books and records of the accounts of the College. Section 19(2)(a) a statement of the income and expenditure during that financial year; and Section 19(2)(b) a statement of the assets and liabilities of the College on the last day of that financial year. Section 19(3) The accounts of the College shall be audited and reported on annually by the Auditor-General in accordance with Part VII of the Exchequer and Audit Act ( Cap. 412 ). Section 19(4) The expenses of and incidental to the auditing of the accounts of the College shall be met from the funds of the College.

Part V

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 20. Protection of name of the College
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Public officers responsible for company or business-name registration must not accept names containing "Co-operative College" or "Co-operative College of Kenya" unless the application includes the Cabinet Secretary's written consent; using those words in advertisements without that consent is an offence punishable by a fine up to thirty thousand shillings, imprisonment up to six months, or both.

Section 20. Protection of name of the College Section 20(1) Notwithstanding any other written law, no public officer performing functions relating to the registration of companies or business names shall accept for registration any name which includes the words, "Co-operative College" or "Co-operative College of Kenya" unless the application for the registration is accompanied by the written consent of the Cabinet Secretary. Section 20(2) Any person who, without the written consent of the Cabinet Secretary, uses the words "Co-operative College" or "Co-operative College of Kenya" in furtherance of, or as in connection with, an advertisement for any trade, business, calling or profession shall be guilty of an offence and liable to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding six months or to both.
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MISCELLANEOUS PROVISIONS - 21. Dissolution of former College
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The former College ceases to exist on the commencement of this Act.

Section 21. Dissolution of former College Section The former College shall cease to exist on the commencement of this Act.
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MISCELLANEOUS PROVISIONS - 22. Transfer of property, assets, liabilities, staff, etc., of former College
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Property, rights, liabilities, pending proceedings and staff of the former College transfer to the College on commencement; certain certificates are prima facie evidence; staff and departments are deemed to continue unless Council directs otherwise.

Section 22. Transfer of property, assets, liabilities, staff, etc., of former College Section 22(1) The funds, assets and other movable and immovable property held by the Government for and on behalf of the former College shall vest in the College without any further assurance with effect from the commencement of this Act. Section 22(2) All rights, liabilities and obligations, whether arising under any written law or otherwise, vested in or enforceable by or against, the Government for or on behalf of the former College before the commencement of this Act, shall be transferred to, or enforceable by or against, the College on such commencement. Section 22(3) Any suit or other legal proceedings, or application to any authority, by or against the Government for or on behalf of the former College pending before the commencement of this Act, shall not abate nor be discontinued nor be prejudiced by virtue of the dissolution of the former College but may be prosecuted or continued by or against the College, and any judgment or award obtained by or against the Government for or in respect of the former College and not fully satisfied shall be enforceable by or against the College on the commencement of this Act. Section 22(4) In any legal proceedings, concerning any right or liability transferred to or vested in the College by this section a certificate by the accounting officer of the Ministry for the time being responsible for matters relating to co-operative development that the right or liability has been so transferred to, or vested in, the College shall be prima facie evidence thereof. Section 22(5) Unless the Council otherwise directs, all persons who are members of the staff of the former College immediately before the commencement of this Act, shall continue to be members of the staff of the College if they so desire and shall be deemed to have been appointed under this Act on the terms and conditions of service applicable to them immediately before such commencement. Section 22(6) Unless the Council otherwise directs, the departments of the former College existing immediately before the commencement of this Act shall be deemed to be the departments of the College established under section 8 .
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MISCELLANEOUS PROVISIONS - 23. Validity of diplomas, certificates, etc., of former College
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This Act must not affect the validity of diplomas, certificates or other academic awards made by the former College.

Section 23. Validity of diplomas, certificates, etc., of former College Section Nothing in this Act shall affect the validity of any diplomas or certificates awarded or other academic awards made by the former College.
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MISCELLANEOUS PROVISIONS - 24. Adaptation of existing laws and documents
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Any reference to the former College or to the Government for or on behalf of the former College must be read as a reference to the College.

Section 24. Adaptation of existing laws and documents Section Any reference in any written law, document or existing instrument, to the former College or to the Government for or on behalf of the former College shall be construed as reference to the College.

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