Bukura Agricultural College Act

This Act may be cited as the Bukura Agricultural College Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 348
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 Bukura Agricultural College Act. Defines terms used in the Act such as academic board, Board, Cabinet Secretary, College, financial year, lecturer, Librarian, Registrar, statutes, and student. Establishes the Bukura Agricultural College and sets out its capacities (sue and be sued; hold and dispose of property; borrow or lend money; perform acts for furthering the Act) and declares it successor to the Bukura Institute of Agriculture with automatic transfer of rights and liabilities. The College must provide agricultural education and related facilities (alone or with other higher education institutions); participate in discovery and preservation of agricultural knowledge; conduct examinations and grant diplomas and awards; and, subject to the Act, cooperate with the Government on planned development of agricultural education. The academic board may grant scholarships, diploma certificates or other academic awards of the college, subject to the Act and to statutes authorising such grants.

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Provisions of Bukura Agricultural College Act

Showing 22 of 22

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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This Act may be cited as the Bukura Agricultural College Act.

Section 1. Short title Section This Act may be cited as the Bukura Agricultural College Act. [Act No. 2 of 2002 , Sch.]
2
PRELIMINARY - 2. Interpretation
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Defines terms used in the Act such as academic board, Board, Cabinet Secretary, College, financial year, lecturer, Librarian, Registrar, statutes, and student.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "academic board" means the academic board established under section 7 ; "Board" means the Board of Governors of the College constituted under Section 7 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for agriculture; "College" means the Bukura Agricultural College established under the statutes; "financial year" means the financial year of the College as specified in section 15 (1); "lecturer" means a Senior Principal Lecturer, Principal Lecturer, Lecturer, or a person who holds any other teaching or research post which the Board of Governors, on recommendation of the academic board, may approve; "Librarian" means the person appointed to be the Librarian of the College; "Registrar" means the person appointed by the Board of Governors to be the Registrar of the College; "statutes" means the Statutes of the College made by the Board of Governors under section 20 ; "student" means a person registered by the College for the purposes of obtaining a qualification of the College, or any other person who the academic board determines to be a student.

Part II

ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE

3
ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE - 3. Establishment
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Establishes the Bukura Agricultural College and sets out its capacities (sue and be sued; hold and dispose of property; borrow or lend money; perform acts for furthering the Act) and declares it successor to the Bukura Institute of Agriculture with automatic transfer of rights and liabilities.

Section 3. Establishment Section 3(1) There is established a college to be known as the Bukura Agricultural College. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) borrowing or lending money; Section 3(2)(d) doing or performing all such other things or acts for the furtherance of the provisions of this Act which may lawfully be done by a body corporate. Section 3(3) The College is the successor to the Bukura Institute of Agriculture, and subject to this Act all rights, obligations, assets and liabilities of the Bukura Institute of Agriculture existing at the commencement of this Act shall be automatically and fully transferred to the College, and any reference to the Bukura Institute of Agriculture in any contract or document shall for all purposes be deemed to be a reference to the College established under subsection (1).
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ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE - 4. Functions of the College
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The College must provide agricultural education and related facilities (alone or with other higher education institutions); participate in discovery and preservation of agricultural knowledge; conduct examinations and grant diplomas and awards; and, subject to the Act, cooperate with the Government on planned development of agricultural education.

Section 4. Functions of the College Section 4(1)(a) to provide directly or in collaboration with other institutions of higher learning, facilities for education in agriculture and other ancillary subjects through the integration of teaching, research and effective application of extension services; Section 4(1)(b) to participate in the discovery, transmission and preservation of knowledge in agriculture and any other related field; Section 4(1)(c) to conduct examinations for and grant diplomas and such academic awards as may be provided in the statutes; and Section 4(1)(d) subject to this Act, to co-operate with the Government in the planned development of agricultural education. Section 4(2) Admission to the College of candidates for diplomas or other awards of the College shall be open to all persons accepted as being qualified by the academic board without distinction of ethnic origin, sex, or sect being imposed upon any person as a condition of his becoming or continuing to be a student, nor shall any such condition be imposed on any person for his becoming or continuing to be a lecturer of the College, and no preference shall be given to, or advantage be withheld from any person on the grounds of ethnic origin, sex, sect or creed.
5
ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE - 5. Awards of the College
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The academic board may grant scholarships, diploma certificates or other academic awards of the college, subject to the Act and to statutes authorising such grants.

Section 5. Awards of the College Section 5(1) Subject to this Act, the academic board may grant scholarships, diploma certificates or any other academic awards of the college which it is for the time being authorised by the statutes to grant. Section 5(2)(a) such grant was contrary to any requirement prescribed under section 11 (2)(d); or Section 5(2)(b) the qualification was obtained through fraudulent or other improper means.

Part III

MEMBERSHIP AND GOVERNANCE OF THE COLLEGE

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MEMBERSHIP AND GOVERNANCE OF THE COLLEGE - 10. Deputy Principal
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The Board of Governors must appoint a Deputy Principal in consultation with the Cabinet Secretary; the Deputy Principal serves under the Principal, exercises powers and duties as provided by the statutes, holds office for a statute-provided period and is eligible for re-appointment at the end of that period.

Section 10. Deputy Principal Section 10(1) The Board of Governors shall, in consultation with the Cabinet Secretary, appoint a Deputy Principal who shall, under the general authority of the Principal, exercise such powers and perform such duties as may be provided by the statutes. Section 10(2) The Deputy Principal shall hold office for such period as may be provided by the statutes, and at the expiration of that period shall be eligible for re-appointment.
11
MEMBERSHIP AND GOVERNANCE OF THE COLLEGE - 11. Academic Board
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The Academic Board must review and propose academic standards and determine student fitness for awards; the Board must not act on those academic matters except after receiving a report or proposal from the Academic Board and must not reject or amend such reports without referring back to the Academic Board.

Section 11. Academic Board Section 11(1)(a) the Principal; Section 11(1)(b) the Deputy Principal; Section 11(1)(c) all heads of Departments of the College; Section 11(1)(d) the Dean of students; Section 11(1)(e) the College farm manager; and Section 11(1)(f) the Librarian. Section 11(2)(a) satisfy itself regarding the content and the academic standard of any diploma or other award of the College; Section 11(2)(b) propose statutes to be made by the Board regarding the eligibility of persons for admission to a course of study; Section 11(2)(c) propose statutes to be made by the Board regarding the standard of proficiency to be gained in each examination or other academic exercise of the College; Section 11(2)(d) determine which students have attained the prescribed standard or proficiency and are therefore fit to be granted a diploma or other academic award of the College; Section 11(2)(e) observe the conduct of the academic affairs of the College generally and make representations thereon to the Board of Governors. Section 11(3) The Board shall not initiate any action in respect of the matters referred to in paragraphs (a), (b) or (c) of subsection (2) except upon receipt of a report or proposal from the academic board, and shall not reject or amend any such report or proposal without further reference to the academic board.
12
MEMBERSHIP AND GOVERNANCE OF THE COLLEGE - 12. Committees
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The Board may appoint specialised committees from among its members or members of the academic board to carry out duties and report to the Board.

Section 12. Committees Section Where necessary, the Board may appoint specialised committees from amongst its members or the members of the academic board to discharge such duties as it may specify and make reports thereon to the Board.
13
MEMBERSHIP AND GOVERNANCE OF THE COLLEGE - 13. Staff of the College
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Defines who counts as academic and administrative staff and says the Board may set terms of service and may delegate appointment powers to committees.

Section 13. Staff of the College Section 13(1) The academic staff of the College shall consist of the Principal, the Deputy Principal, the Librarian, lecturers, and all other members of staff engaged in research or extension services. Section 13(2) The administrative staff of the college shall consist of the Principal, the Deputy Principal, the Registrar, the Finance Officer and other members of staff not engaged in teaching, research or extension services. Section 13(3)(a) upon such terms and conditions of service as the Board may determine; or Section 13(3)(b) in the case of a person being seconded to the service of the College from the service of another college, the Government or any other part of the public service, upon such terms and conditions as may be agreed upon between the Board of Governors and the seconding body. Section 13(4) The Board may, subject to such restrictions as it may impose, delegate either generally or specifically to any committee the power to appoint any member of staff of the College. Section 13(5)(a) be subject to the general authority of the Principal; and Section 13(5)(b) be deemed to be employed on a full time basis unless otherwise specifically provided by the terms of a particular appointment.
14
MEMBERSHIP AND GOVERNANCE OF THE COLLEGE - 14. Incapacity
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If the Principal is incapacitated, the Deputy Principal may perform the Principal's duties with the Chairperson's authority; if another staff member is incapacitated the Principal may, with the Board's consultation, appoint an equally qualified person; "incapacity" includes absence from Kenya.

Section 14. Incapacity Section 14(1) In the event of incapacity of the Principal, the Deputy Principal may with the authority of the Chairperson of the Board, perform the duties of the Principal during the period of incapacity. Section 14(2) In the event of the incapacity of any other member of staff of the College, the Principal may in consultation with the Board of Governors, appoint another person who is equally qualified to perform the functions of such member during the period of incapacity. Section 14(3) In this section "incapacity" includes absence from Kenya.
6
MEMBERSHIP AND GOVERNANCE OF THE COLLEGE - 6. Membership of the College
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Section 6: Membership of the College — the members of the Board of Governors.

Section 6. Membership of the College Section the members of the Board of Governors;
7
MEMBERSHIP AND GOVERNANCE OF THE COLLEGE - 7. Board of Governors
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Sets the Board of Governors' membership and key appointment and vacancy rules, including which officials are members and that the Cabinet Secretary appoints certain members and a vice-Chairperson.

Section 7. Board of Governors Section 7(1)(a) a Chairperson who shall be appointed by the Cabinet Secretary; Section 7(1)(b) the Director of Agriculture; Section 7(1)(c) the Director of Livestock Production; Section 7(1)(d) the Director of Education; Section 7(1)(e) the Director of Personnel Management; Section 7(1)(f) the Principal Secretary to the National Treasury; Section 7(1)(g) the Principal Secretary in the Ministry for the time being responsible for matters relating to agriculture; Section 7(1)(h) two representatives of public universities in Kenya who shall be appointed on a three-year rotational basis by the Cabinet Secretary on the advice of the said universities; Section 7(1)(i) two representatives of the agricultural industry appointed by the Cabinet Secretary in consultation with the Agricultural Society of Kenya; Section 7(1)(j) the Principal; Section 7(1)(k) one representative of the Kenya National Farmers Union, appointed by the Cabinet Secretary in consultation with that Union; Section 7(1)(l) the Director of the Kenya Agricultural Research Institute; and Section 7(1)(m) the Registrar who shall be secretary to the Board. Section 7(2) The Cabinet Secretary shall appoint a vice-Chairperson from among the members of the Board. Section 7(3) Subject to subsection (5), a member of the Board, other than an ex officio member, shall hold office for a period of three years but shall be eligible for re-appointment. Section 7(4)(a) if the member resigns his office by writing under his hand addressed to the Registrar; Section 7(4)(b) if the Board is satisfied that the member is, by reason of physical or mental infirmity, unable to exercise the functions of his office; or Section 7(4)(c) upon his death. Section 7(5) Where the office of a member of the Board becomes vacant under subsection (5), the Registrar shall notify the Cabinet Secretary within one month of the occurrence and shall request the appointment of a replacement.
8
MEMBERSHIP AND GOVERNANCE OF THE COLLEGE - 8. Governance of the College
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Governs the control, supervision and administration of the College's assets to promote the College's purpose.

Section 8. Governance of the College Section control, supervise and administer the assets of the College in such manner as best promotes the purpose for which the college is established;
9
MEMBERSHIP AND GOVERNANCE OF THE COLLEGE - 9. Principal of the College
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There shall be a Principal of the College appointed by the Cabinet Secretary in consultation with the college Board.

Section 9. Principal of the College Section 9(1) There shall be a Principal of the College who shall be appointed by the Cabinet Secretary in consultation, with the college, Board. Section 9(2)(a) have the overall responsibility for the direction, organisation, administration and programmes of the College; Section 9(2)(b) be the Chairperson of the academic board; and Section 9(2)(c) be responsible to the Board for the general conduct and discipline of the students. Section 9(3) The Principal shall hold office for such period as may be provided by the statutes, and upon expiration of that period, shall be eligible for re-appointment.

Part IV

FINANCIAL PROVISIONS

15
FINANCIAL PROVISIONS - 15. Financial Year
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The College's financial year is the twelve-month period ending on 30th June each year.

Section 15. Financial Year Section The financial year of the College shall be the period of twelve months ending on 30th June in every year.
16
FINANCIAL PROVISIONS - 16. Investment of funds
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The Board may invest the college's funds in approved securities and may place surplus monies on deposit with approved banks or in Government securities; the National Treasury may approve such securities and banks.

Section 16. Investment of funds Section 16(1) The Board may invest any of the funds of investment the college in securities in which, for the time being, or funds trustees may by law invest trust funds and in any other securities which the National Treasury may from time to time approve. Section 16(2) The Board may place any monies not immediately required for the purposes of the college on deposit with such banks as the National Treasury may approve or in Government securities.
17
FINANCIAL PROVISIONS - 17. Annual estimates
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The Board must prepare annual revenue and expenditure estimates at least five months before each financial year, and must approve them at least two months before the year and submit them to the Cabinet Secretary for approval.

Section 17. Annual estimates Section 17(1) At least five months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the College for that year. Section 17(2)(a) the payment of salaries, allowances and other charges in respect of the activities of the Colleges; Section 17(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the College; Section 17(2)(c) the proper maintenance of buildings and grounds of the College; Section 17(2)(d) the maintenance, repair and replacement of the equipment and other movable property of the College; Section 17(2)(e) the funding of the cost of teaching and research activities of the College; Section 17(2)(f) the proper maintenance of the catering, accommodation and recreational facilities for the students of the College; and Section 17(2)(g) the creation of reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the Board of Governors may deem fit. Section 17(3) The annual estimates shall be approved by the Board at least two months before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval. Section 17(4) No expenditure shall be incurred for the purpose of the College except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorization of the Board given with prior written approval of the Cabinet Secretary and the Principal Secretary to the National Treasury.
18
FINANCIAL PROVISIONS - 18. Books of Account
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The Board must ensure that proper books and records of account are kept covering the College's income, expenditure and assets.

Section 18. Books of Account Section 18(1) The Board shall cause to be kept proper books and records of account of the income, expenditure and assets of the College. Section 18(2)(a) a statement of income and expenditure during that year; and Section 18(2)(b) a statement of the current assets and liabilities of the College. Section 18(3) The accounts of the College shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

Part V

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 19. Common Seal
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The College's common seal must be kept in custody as directed by the Board; it must be authenticated by specified officers' signatures and, when duly authenticated, will be judicially and officially noticed.

Section 19. Common Seal Section 19(1) The common seal of the College shall be kept in such custody as the Board shall direct, and shall be used upon the order of the Board. Section 19(2) The common seal of the College shall be authenticated by the signature of the Chairperson of the Board, the Principal or one other member of the Board duly authorised by the Board in that behalf, and of the Registrar. Section 19(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 the contrary is proved, the necessary order or authorization of the Board under this section shall be deemed to have been duly given.
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MISCELLANEOUS PROVISIONS - 20. Signification of documents
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Documents made on behalf of the Board (except those required by law to be under seal) must be signed by the Chairperson, the Principal, the Deputy Principal, or another Board member authorized by the Board.

Section 20. Signification of documents Section All documents, other than those required by law to be under seal, made on behalf of the Board, shall be signified by the hand of the Chairperson of the Board, the Principal, the Deputy Principal or any other member of the Board generally or specifically authorized by the Board in that behalf.
21
MISCELLANEOUS PROVISIONS - 21. Statutes
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The Board must make statutes by resolution at a meeting, passed by at least three-fourths of members present and voting, and with at least half the Board present.

Section 21. Statutes Section 21(1)(a) the establishment of Departments of College; Section 21(1)(b) the requirements for the award of diplomas or other awards of the College; Section 21(1)(c) the conduct of examinations; Section 21(1)(d) prescribing fees, boarding and other charges; Section 21(1)(e) prescribing the terms and conditions of service, including the appointment, discipline, dismissal, and retirement benefits of the staff of the College; and Section 21(1)(f) the quorum and procedure of meetings of the Board and the establishment, composition and terms of reference of the committees of the Board. Section 21(2) Statutes shall be made by a resolution made at a meeting of the Board and passed by a majority of not less than three-fourths of the members present and voting, not being less than half of the total membership of the Board.
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MISCELLANEOUS PROVISIONS - 22. Protection of name
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Public officers who register company or business names must not accept any name that includes "Agricultural College" together with "Bukura" unless the application includes the Board's written consent; contravention may attract imprisonment up to twelve months, a fine up to thirty thousand shillings, or both.

Section 22. Protection of name Section 22(1) No public officer performing functions or name relating to registration of companies or business names shall accept for such registration any name which includes the words "Agricultural College" together with the word "Bukura" unless the application for the registration is accompanied by the written, consent of the Board. Section 22(2)(a) imprisonment for a term not exceeding twelve months; or Section 22(2)(b) a fine not exceeding thirty thousand shillings; or Section 22(2)(c) both such fine and imprisonment;

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