2200 The Universities (Amendment) (No. 5) Bill, 2023 6. Section 56 of the principal Act is amended by inserting the following new subsection immediately after subsection (3) — "(4) Notwithstanding subsection (3), the Placement Board shall not place any student in a university to undertake a diploma or certificate course." 7. Section 70 of the principal Act is amended in subsection (2) (h) by deleting the words "diplomas and certificates" and substituting therefor the words "postgraduate diplomas and postgraduate certificates". erica 42012012
The Universities (Amendment) (No. 5) 2023 Bill, 2201 MEMORANDUM OF OBJECTS AND REASONS The principal object of this Bill is to amend the Universities Act, 2012 to end the practice of universities offering certificate and di courses. This is informed by the fact that currently there are two bodies certifying certificate and diploma courses, that is, the Technical and Vocational Education and Training Authority for technical and vocational colleges and the Commission for University Education for the universities. This leads to inconsistencies in the content and duration of the courses. Universities are intended to be institutions of higher learning and research. In this regard, they should focus on degree and academic postgraduate programmes as opposed to certificate and diploma courses, Further, limiting certificate and diploma courses to technical and vocational colleges will increase enrollment in these institutions. The technical and vocational colleges usually record low enrolment numbers despite the government investing heavily in these institutions. Clause 1 the Bill provides of for the short title. Clause 2 of the Bill proposes to amend section 5 of the Act to provide that the function of the Commission for University Education will be to recognise and equate postgraduate certificates and postgraduate diplomas conferred by foreign universities and institutions as opposed to basic certificate and diplomas. Clause 3 of the Bill proposes to amend section 5A of the Act to that the provisions of this Act supercede those of any other Act regard of the mandate of the Commission for University Education postgraduate certificates and postgraduate diplomas offered universities. provide with recognising by Clause 4 of the Bill proposes to amend section 20 of the Act to provide that universities may offer postgraduate certificate and postgraduate diploma courses and not basic certificate and diploma courses. Further, the clause provides for the saving of a student already undertaking a certificate or diploma course to enable such student complete his or her studies. Clause 5 of the Bill proposes to amend section 38 of the Act to provide that a chancellor of a university may only award postgraduate certificate and postgraduate diploma courses and not basic certificate and diploma courses.
The Universities (Amendment) (No. 5) Bill, 2023 Section 5 of the Universities Act which it is proposed to amend— Functions of the Commission (1) The functions of the Commission shall be to— (a) promote the objectives of university education; (b) advise the Cabinet Secretary on policy relating to university education; (c) promote, advance, publicise and set standards relevant in the quality of university education, including the promotion and support of internationally recognised standards; (d) monitor and evaluate the state of university education systems in relation to the national development goals; (e) licence any student recruitment agencies operating in Kenya and any activities by foreign institutions; develop policy for criteria and requirements for admission to universities; recognize and equate degrees, diplomas and certificates conferred or awarded by foreign universities and institutions in accordance with the standards and guidelines set by the Commission from time to time; undertake or cause to be undertaken, regular inspections, monitoring and evaluation of universities to ensure compliance with the provisions of this Act or any regulations made under section 70; collect, disseminate and maintain data on university education; accredit universities in Kenya; regulate university education in Kenya, on regular basis, inspect universities in Kenya, (m) promote quality research and innovation; and (n) deleted by Act No. 18 of 2014, Sch. (2) The Commission may where it deems appropriate, delegate any of its functions in this section to any suitably qualified person or body. (2A) The Commission shall have all the powers as may be necessary for the proper discharge of its functions under this Act.
The Universities (Amendment) (No, 5) Bill, 2023 2205 regulate the profession to which the academic programme relates where such law empowers the professional body to approve or accredit courses offered at any university or colleges. (4) Pursuant to section 5(2), the Commission may engage— (a) professional bodies and associations to carry out inspection of universities on its behalf; (b) the Auditor-General to offer the Commission professional opinion on management and financial positions of a particular university. (3) A person who without the authority of the Commission under this Act purports to license, accredit, recognise, audit, inspect, index students or collect a fee or a charge from a university or a student commits an offence and shall be liable on conviction to a fine not exceeding two million shillings or imprisonment for a term not exceeding two years or both. (5) Section 20 of the Universities Act which it is proposed to amend— Effect of a Charter (1) A university granted a Charter in accordance with section 19— (a) shall be a body corporate, and as such shall continue the activities of the university as undertaken under the Letter of Interim Authority, including the employment of staff, except where activity is expressly altered under the Charter; (b) shall mobilize academic resources; (c) may develop its new academic programmes for approval by the Commission in accordance with this Act; (d) may establish campuses and colleges which must conform to standards established by regulations made under this Act; and may award— (i) degrees, including postgraduate degree and honorary degrees; (ii) diplomas, including postgraduate diplomas; and (iii) other academic certificates. (2) Notwithstanding the generality of subsection (1), colleges and campuses of universities shall not share premises with incompatible businesses.
2206 The Universities (Amendment) (No. 5) Bill, 2023 (2A) Despite the provisions of Section (1)(d), a public university shall not establish a campus or a college in a foreign country without the approval of the Cabinet Secretary in consultation with the Cabinet Secretary for the time being responsible for matters relating to finance. (3) The Cabinet Secretary may, in consultation with the Commission, by order published in the Gazette, establish or declare an institution of learning or higher education or other training establishment to be a constituent college of a university, Section 38 of the Universities Act which it is proposed to amend— The Chancellor (1) Every university shall have a Chancellor, who shall be (a) in the case of a public university, by the President in accordance with the procedure set out in the Second Schedule: and (b) in the case of a private university, in accordance with the Charter of that University. (2) The Chancellor of a public university shall hold office for a term of five years and shall be eligible for re-appointment for one further term. (3) The Chancellor— (a) shall be the titular head of the university and shall, in the name of the University, confer degrees and grant diplomas, certificates and other awards of the University; (b) may from time to time, recommend to the Cabinet Secretary in the case of a public university and the Board of Trustees in the case of a private university, a visitation of the University; (c) may from time to time give advice to the Council which the Chancellor considers necessary for the betterment of the University; (d) shall enjoy such powers and privileges and perform such other functions as may be provided in the Charter. (4) A person shall only be appointed as a Chancellor where the person is a person of high moral character and integrity in accordance with Chapter Six of the Constitution. (5) The functions of the Chancellor under subsection (3) may in the absence or incapacity of the Chancellor be performed by the Chairperson of the Council for a period not exceeding three months.