Chartering process is important to a university in the quest for academic excellence. A Charter is a power upon the universities to fully function as registered corporate bodies. The following paper discusses the University Charter Granting Process, its requirements, advantages, and implications.
The Charter Granting Process: A Detailed Approach
Report and Recommendations
The cabinet secretary starts the process by reviewing the report with recommendations as provided under section 18.
Three Possible Outcomes
Charter Grant
Where the application meets the requirement, the Cabinet Secretary may request that the Charter be granted by the President.
Letter of Interim Authority Extension
The Cabinet Secretary may extend the Letter of Interim Authority for the final period of four years.
Application Rejection
An application may be rejected where it does not meet the requirements.
Consequences if Application is Rejected
Transparency in Rejection
The Cabinet Secretary shall give reasons for rejecting the application.
Revocation of Letter of Interim Authority
The Letter of Interim Authority shall be revoked upon the expiry of one year from the date of rejection.
Possibility of Fresh Application
An applicant may make a fresh application subject to provisions in the Act.
Temporary Administration
For the purpose of safeguarding the interest of students and staff, the Cabinet Secretary in consultation with the Commission, may, on a temporal basis, appoint persons to manage the university.
Impact of Charter Granting
Body Corporate Status
A university granted a Charter remains a registered body corporate carrying on its activities with possible modifications as provided by the Charter.
Academic Resource Mobilization
With a Charter, universities can mobilize resources to enhance educational endeavors.
Development of Academic Programs
Chartered universities can develop new academic programs, subject to Commission approval.
Establishment of Campuses and Colleges
Universities can set up campuses and constituent colleges subject to provisions by the Act.
Awarding Academic Credentials
Universities may confer degrees, diplomas, and other academic awards.
Observe Legal Limitations
Sharing Premises
Colleges and campuses shall not share premises with any other businesses considered incompatible to ensure that students study in an ideal environment.
International Expansion
A public university may establish a campus or college outside Kenya subject to approval by the Cabinet Secretary in consultation with the national treasury or any other financial authority.
Publication of Charter
Gazette Publication
The Cabinet Secretary shall cause the Charter to be published in the Gazette which marks the new status of the university.
Final Thoughts
The chartering process is, therefore, one of the milestone events in the shaping of the academic landscape and thus allowing the universities to excel and fulfill their educational missions.