Universities Act

This Act may be cited as the Universities Act.

Section 2 provides definitions of terms used in the Act (for example: "academic programme", "academic staff", "accreditation", "foreign university", "student", "university").

Lists the objectives of university education, including advancement of knowledge through teaching and research; promotion of learning, cultural and social life; support for national development; high standards in teaching and research; professional training; dissemination of research; lifelong learning; independent critical thinking; gender balance and equality; and equalization for persons with disabilities, minorities and marginalized groups.

The Commission must appoint one or more Deputy Commission Secretaries; each Deputy Commission Secretary must, under the general authority of the Commission Secretary, exercise powers and perform duties assigned by the Secretary and must hold office on terms and conditions set out in the instrument of appointment.

A person appointed as Commission Secretary must meet the qualifications in subsection (1) and must meet the requirements of Chapter Six of the Constitution.

The Commission may employ other officers and staff as necessary; persons employed under this section are deemed public officers.

Members, officers, employees or agents of the Commission (and persons acting under their directions) are exempt from personal liability for acts done bona fide in executing the Commission's functions; the Commission nevertheless remains liable to pay lawful compensation or damages for injury to people or property.

There is established a Commission to be known as the Commission for University Education.

The Commission for University Education is assigned a set of functions including promoting objectives and quality of university education, advising the Cabinet Secretary on policy, licensing student recruitment agencies and activities by foreign institutions, developing admission criteria, recognizing foreign awards, inspecting and accrediting universities, collecting data, regulating university education, promoting research and having powers to delegate functions and exercise necessary powers to discharge its functions.

The Commission has the exclusive mandate to recognise, license, index students, approve or accredit university academic programmes; others who act without its authority commit an offence punishable by a fine up to two million shillings or up to two years imprisonment.

Section 6 lists the members who constitute the Commission, naming the appointing or nominating authorities and specifying that the Commission Secretary is an ex‑officio member.

Specifies academic and experience qualifications for the Chairperson and certain members of the Commission, requires members to be of high moral character and integrity, requires additional leadership experience for the Chairperson, sets term length not exceeding four years with eligibility for one reappointment, and requires appointments to be published in the Gazette.

Lists grounds on which a Commission member vacates office; the Cabinet Secretary may appoint a replacement for the remainder of the term; a member suspected under Chapters 6 or 13 must vacate to allow investigation and will be reinstated if not found culpable.

There is a Secretary of the Commission appointed by the Cabinet Secretary on the Commission's recommendation after competitive recruitment; the Secretary serves five years (renewable once) and is the chief executive responsible for day-to-day management of the Commission.

A person wishing to establish a university in Kenya must apply in writing to the Commission in the prescribed manner for accreditation and a Charter; the Commission must handle any personal data presented in accordance with the Data Protection Act.

The Commission must assess applications and resources and recommend issuance of a Letter of Interim Authority to the Cabinet Secretary; the Cabinet Secretary may grant the Letter if satisfied the institution will contribute to university education; the Commission may advise the Cabinet Secretary, in consultation with stakeholders, on suitability for a public university.

Section 15 lists effects and functions for an institution with interim authority: rights to sue and hold property, powers and duties to develop facilities, assemble resources, run quality assurance, admit students with the Commission's prior approval, exercise functions under section 20(1)(e), and perform acts the Commission requires.

A Letter of Interim Authority expires after four years from issue (but may be extended once by the Cabinet Secretary for four years on the Commission's recommendation), or upon revocation under section 17, or upon grant of a Charter; if it lapses under (1)(a) or (b) the institution shall be wound up in accordance with this Act.

The Cabinet Secretary may revoke a Letter of Interim Authority on certain recommendations or applications and must publish a notice in the Gazette.

The Commission must prepare an accreditation report at least six months before the expiry of the Letter of Interim Authority and must submit that report and its recommendations to the Cabinet Secretary.

Section 19 sets how applications for a university charter are decided, including recommending grant, extending or rejecting interim authority; it requires the Cabinet Secretary to give reasons for rejection, allows revocation of interim authority within one year (with the option to reapply), and allows the Cabinet Secretary, with the Commission, to appoint managers.

This section sets out effects of a charter: it continues university activities under the Letter of Interim Authority, allows development of programmes and establishment of campuses (subject to standards), prohibits colleges and campuses sharing premises with incompatible businesses, and prohibits public universities from establishing foreign campuses without specified Cabinet Secretary approval; the Cabinet Secretary may declare institutions to be constituent colleges.

The Cabinet Secretary must publish the Charter granted under section 19 by notice in the Gazette.

The President may revoke a university Charter on the Cabinet Secretary's recommendation; the Cabinet Secretary must publish a notice in the Gazette and the university ceases to be a university one year after that notice; the Commission must concur, inspect and be satisfied and the university must be heard before recommendation.

The Cabinet Secretary may vary a university Charter after initiation under subsection (3) if they consider it in the best interest of university education in Kenya; if a Charter is varied the Cabinet Secretary must publish a notice in the Gazette and the variation takes effect on the date in that notice.

A University Council may make statutes and regulations to regulate university affairs (subject to the Act and the Charter), and where the Act requires, the Council shall make statutes; the Council must submit any statute or regulation to the Cabinet Secretary for publication in the Gazette no later than three months after it is made.

Section 24 creates and governs specialized degree-awarding institutions (including a national Open University); the Commission must prioritize accreditation and development of governing instruments for such institutions; the President may establish national-security specialized institutions on the Commission's recommendation and National Security Council advice.

The President may declare an institution to be a technical university on the recommendation of the Cabinet Secretary and subject to conditions specified by the Commission.

The Commission must ensure public universities are established in each County, prioritising Counties without universities after this Act comes into force.

Prohibits public officers who register company, business or trademark names from accepting names identical or confusingly similar to a university's name without the university council's consent; the section also covers unauthorized use in advertisements and issuance of purported university certificates and applies mutatis mutandis to the Open University.

Foreign universities wishing to offer education in Kenya must apply to the Commission for accreditation; approved foreign universities must submit proof of accreditation from their country of origin; the Commission publishes accredited universities quarterly; offering degrees through an unaccredited university is an offence carrying a minimum fine of ten million shillings or at least three years' imprisonment or both.

Members of a university's academic staff have the freedom, within the law, in their teaching, research and other activities to question received wisdom, propose new ideas and state opinions; the university must not disadvantage them or treat them less favourably for exercising that freedom.

Funds of the Commission: monies allocated by Parliament for the purposes of the Commission.

The Commission's financial year must be a 12-month period ending on 30 June each year.

The Commission must prepare and approve annual revenue and expenditure estimates before each financial year, submit them to the Cabinet Secretary for approval, and must not increase any sum in the estimates after Cabinet Secretary approval without that Secretary's consent.

The Commission must ensure that all proper books and records of account for its income, expenditure, assets and liabilities are kept.

The university council must manage, supervise and administer the assets of the university in a way that best promotes the university's purpose.

Universities must conspicuously display their instruments of accreditation on their premises and, if an instrument is revoked, must return the original to the Commission within fourteen days.

Instruments of accreditation must be in the form prescribed in the Third Schedule to this Act.

A university council may delegate the exercise of its functions or duties to committees, members, officers or employees.

University councils may rely on general evidence and are not bound by the Evidence Act; they must dispose of matters expeditiously (within six months) and persons with a personal interest must not sit on hearings.

Members who have a direct or indirect interest in a contract or matter being considered at a meeting must disclose that interest at the meeting (and as soon as reasonably practicable after commencement) and must not participate in discussion, vote, or be counted in the quorum while the matter is considered.

Universities must have a Mace, Seal and Logo; the common seal must be kept in custody as directed by the University's Charter and must not be used except in manners authorized by the university.

Members, officers, employees or agents of a university are not personally liable for actions done in good faith to carry out the university's functions, powers or duties.

A university remains liable to pay lawful compensation or damages to any person for injury to the person or property.

If an offence by a university or body corporate involves connivance or is attributable to an officer or person acting as such, that officer or person shall be guilty of the offence.

Advertising, holding out as, or operating as a university without the Cabinet Secretary's or Commission's permission is an offence punishable by fines (up to one million shillings), daily continuing fines (fifty thousand shillings per day), imprisonment (up to two years) or both; and a default penalty for other unspecified offences is a fine up to one million shillings or imprisonment up to twelve months for a first conviction.

The Commission may issue a written notice requiring an institution in default to comply within a prescribed time and manner; if the institution fails to comply the Commission may close it (permanently or until compliance); an aggrieved person may appeal to the Cabinet Secretary within thirty days.

The Cabinet Secretary has the power to make regulations (in consultation with relevant stakeholders) to prescribe matters under this Act and to carry out its objects and purposes.

Universities must be governed according to their Charter or Letter of Interim Authority and statutes made by their Council, subject to this Act.

The Senate must be in charge of all academic matters and undertake the functions assigned in the Charter; a private university may, with the approval of the Commission, establish additional governance organs.

The Vice‑Chancellor of a public university is an ex officio member of the councils of its constituent colleges; the Vice‑Chancellor or, for a constituent college, its Principal is an ex officio member of the university Council; five members of Council are appointed by the Cabinet Secretary through an open process; appointing authorities must have regard to development objectives including balanced competencies, gender equity and inclusion; Council members shall determine by lot which two members vacate after three and four years respectively at their first meeting.

The governing organs of a university may set up committees, but they shall not delegate their principal mandate to those committees.

Section 38 sets out appointment sources, term length, functions, powers and temporary substitution for the Chancellor of universities.

Rules for appointing and the role and term of Vice-Chancellors: public university Vice-Chancellors are appointed by the Cabinet Secretary on the Council's recommendation after a competitive recruitment by the Council; private university Vice-Chancellors are appointed by their university Council under the Charter; the Vice-Chancellor is the academic and administrative head and has overall responsibility for the university; public Vice-Chancellors hold office for five years and may serve a further five-year term; private university terms follow the Charter.

The academic and administrative staff of a university must be as provided in the university's Charter.

Every university must have a students' association made up of all its students; that association must include specified officers, meet gender and diversity composition rules, run elections through electoral colleges and elect a student council within thirty days; council members serve one-year terms and may be re-elected once; persons who have served two terms are disqualified from election elsewhere; associations must make election rules in consultation with the University.

Universities may establish Alumni Associations; Alumni Associations must act as interactive forums for their members and must perform other functions specified in the Charter.

The day-to-day management of the university is vested in the Vice-Chancellor, assisted by the Management Board, in accordance with this Act and the Charter.

Public universities must prepare and submit annual revenue and expenditure estimates to the Cabinet Secretary; they may incur expenditure in line with approved estimates but may not exceed approved heads without Council approval; they may appeal to the public for subscriptions, donations or bequests subject to other law and guidelines.

Parliament may provide sums to a public university; the university may receive grants from monies provided by Parliament and from monies, assets, donations or loans from other sources.

Any unexpended balance of the grant under section 45 may be carried forward in the account of a public university from one year to the next and may be expended by that university.

A public university must keep proper books of account, including an annual income and expenditure statement and a year-end balance sheet.

Property that becomes the university's (immovable property, shares, funds and securities) shall be held in the name of the public university and dealt with as the institution determines, subject to conditions attached to grants and to endowments, bequests or donations.

A public university may invest its funds in certain approved securities and may deposit monies not immediately required, subject to Treasury or other authorized body approval.

Title: "Section 50. Financial year"

Private universities must keep full financial records, prepare annual financial statements (income and expenditure and balance sheet), obtain an annual audit by a qualified auditor, provide certified audit reports to sponsors or the Board, comply with financial regulations and state obligations, account for government funds, and on request provide the Commission with confirmation of compliance for accreditation or audit.

A private university granted a charter may enter into financing arrangements with any person or institution on terms set out in the arrangement to finance its objectives.

A private university may invest any of its funds, subject to approval by the sponsor or the Board of Trustees (or equivalent).

Establishes the Universities Fund to provide funds for financing universities, lists its sources of money, and identifies categories of expenditure the Trustees may approve.

Section establishes a Board of Trustees for the Fund, specifies its membership and principles for membership (including gender representation), lists considerations for appointments, sets out functions of the Trustees (advising the Cabinet Secretary, developing allocation criteria, apportioning funds, proposing unit costs, establishing remuneration minima, mobilizing funds, and exercising other powers), and permits Trustees to invest unutilized Fund balances.

Establishes a Director as the Fund's chief executive, appointed by the Cabinet Secretary on the Board's recommendation after competitive recruitment; the Director serves a five-year term and is responsible for day-to-day management and must meet specified qualifications.

The Fund may employ other officers and staff as necessary for performing its functions; appointments under this section must take into account gender equity and ethnic and regional balance in accordance with the Constitution.

The financial provisions in sections 31, 32 and 33 that apply to the Commission also apply, mutatis mutandis, to the Fund.

Section 55 creates the Kenya Universities and Colleges Central Placement Service, lists its powers and membership, requires the Service to establish a Secretariat, and requires the Placement Board to uphold equity and promote affirmative action.

The Placement Board must perform specified placement-related functions (coordinate placements of government-sponsored students; disseminate programme and cost information; collect and retain placement data; advise the Government on placement matters; develop career guidance; perform other functions assigned under the Act) and must promote equity and access and establish criteria for course access based on qualifications and priorities.

A university or college may independently admit students to its programmes according to its approved admissions criteria, notwithstanding any other provisions of this Part.

Appointment rules for the Commission’s Secretary and staff (sections 9 and 12) also apply, mutatis mutandis, to the Director and staff of the Placement Service.

The financial provisions that apply to the Commission in sections 30, 31, 32 and 33 also apply, mutatis mutandis, to the finances of the Placement Service.

Defines "college" as an institution established under the Technical and Vocational Education and Training Act (Cap. 210A) or any other public training institution of higher learning established under an Act of Parliament.

Section 71 repeals the listed university Acts.

Public universities existing immediately before commencement are deemed established under this Act and must take prescribed steps to obtain a Charter within one year after commencement.

A private university that held a Charter or Letter of Interim Authority under the Universities Act (Cap. 210) immediately before this Act starts is deemed, on commencement of this Act, to have been granted that Charter or Letter of Interim Authority under this Act.

Constituent colleges of universities that existed before this Act continue as constituent colleges on commencement and may apply for accreditation if they meet the Act's standards.

Campuses and campus colleges that existed before this Act are treated as having been established under this Act.

Persons who were Chancellors, Vice-Chancellors or Principals immediately before this Act continue in office for the remainder of their terms (Chancellors only up to one year), and existing university councils remain in office for up to six months before new councils are appointed.

Proceedings, instruments and rights of appeal that existed immediately before this Act commenced are to be treated as subsisting under the corresponding enactment in this Act.

If a time period under a repealed Act is still running when this Act begins, this Act applies as though the earlier provisions had been in force from the start of that period.

Registers, registrations, certificates, notices, returns and other things in force under the repealed Acts immediately before this Act commenced continue in force as if made under the corresponding provision of this Act unless expressly repealed.

Property, assets, rights, obligations, liabilities and staff of institutions under the repealed Acts transfer to the corresponding institutions established under this Act; agreements referring to the old institutions are read as references to the new institutions, and staff are deemed appointed on their existing terms unless the old institutions direct otherwise.

Section 81 (General Savings) preserves acts, rules, instruments, funds and pending disciplinary matters under repealed Acts — deeming them to have been done under, continuing in force, or to be determined as if commenced under this Act, subject to inconsistency with this Act.

Defines "appointed day" as the day the Cabinet Secretary appoints for the Act to come into operation, and defines "former Commission" as the Commission for Higher Education existing immediately before the Act came into operation.

All funds, assets and other property that were vested in the former Commission immediately before the specified date shall vest in the Commission without further conveyance, transfer or assignment.

Section 84 has been deleted.

People who were staff of the former Commission immediately before the appointed day are treated as staff of the Commission.