Terms of Reference

1. Council Composition, Rules and Regulations

Section 38 of the Universities and Other Tertiary Intuitions Act, 2001 as amended provides for membership.

2. How one ceases to be a member

(i) Chairpersons may be removed from their positions on grounds of misconduct and failure to perform the duties required of a Chairperson.

(ii) Any Chairperson who is subject of a vote on removal may submit a statement to the Council/Committee, as appropriate, before a vote on removal is taken. The person should be given twenty-one days’ notice to prepare a defense for himself or herself and accusations must be communicated to the person in writing.

(iii) The Chairperson of Council and the Chair of any Council Committee may be removed by two thirds of all the members of Council and Committees respectively.

3. Election

The University Council shall elect a Chairperson and a Vice-Chairperson from among the members of the Council who are not members of staff or students of the University, persons employed by the Public Service or a members of the District Council or Parliament.

4. Absence of Chairperson

(i) Whenever the office of Chairperson is vacant or the Chairperson is absent for any cause the Vice-Chairperson shall discharge the functions of the Chairperson and in the absence of both the Chairperson and Vice-Chancellor such other member elected by the University Council, not being an employee or student of the University, Public Service employee or member of the District Council or Parliament, shall discharge the functions of the Chairperson.

(ii) In the absence of a Chairperson of a Committee, the members present and constituting a quorum shall elect a temporary Chairperson from among them.

5. Absence of Members

If a member has to be absent for a period of more than six months but less than one year, he/she shall be replaced by a temporary appointment; for more than one calendar year, a permanent replacement shall be appointed to complete the remaining term. Replacement procedures shall follow appointment procedures.

6. Tenure

(i) All elected and appointed members other than the representative of the students shall hold office for four years and shall be eligible for re-election. Section 38 (3).

(ii) The students’ representatives on the University Council shall hold office for one year and shall be eligible for reelection so long as they are students (Section 38 (4).

(iii) The Office of a member of the University Council shall become vacant:

  • Upon death;
  • Upon ceasing to be a representative of the particular office or body by virtue of which that person became a member of the University Council;
  • Upon resignation of a member; or
  • Upon being adjudged Bankrupt or of unsound mind.

(iv) The Chairperson and vice-Chairperson shall hold office for a period of four years and shall be eligible for re-election for one more term.

7. Quorum

Half of the members of the University Council, at least five of whom shall not be employees or students of the University shall constitute a quorum at any meeting of the University Council.

8. Meetings

(i) There shall be an almanac of Council meetings.

(ii) The University Council shall meet at times and at places that it may determine for the transaction of its business but not less than three ties in each calendar year.

9. Notices

(i) Notices for a Regular Meeting should be issued at least two weeks before the date for the Meeting.

(ii) Notice for a Special meeting of the University Council should be issued at least one week before the date for the meeting and the agenda for the meeting specified with at least one or two items.

(iii) Provided that shorter notice shall not invalidate the proceedings of the Council.

10. Agenda

(i) An Emergency meeting must have a single item on the agenda.

(ii) Documents for a meeting should be circulated at least one week before the date for the meeting.

(iii) Document(s) should not be circulated during a meeting.

(iv) At a meeting, only matters, which have been adopted on the Agenda, shall be discussed.

(v) There shall be time limits specified on the Agenda as the maximum time for debate or discussion of matters at Meetings as follows:-

  • Communication from the Chair(Maximum 10 minutes)
  • Reactions to Communication (Maximum 10 minutes)
  • Each of the other items (Maximum 30 Minutes)

11. Attendance

(i) Every member attending a meeting shall sign his/her name in the attendance book.

(ii) A member of Council should not sign the attendance book on behalf of another member.

(iii) It is unethical for a member to sign the attendance Book and leave the meeting room without the consent of the Chairperson.

12. Ex-Officio Members of Committee

Ex Officio members are not voting members

13. Mobile telephones should either be switched off or in the silent mode.

14. Decisions

(i) The University Council may discharge its functions and exercise its powers not withstanding any vacancy in its membership.

(ii) Any matter for decision by the University Council shall be determined by a majority of the members of the University Council present.

(iii) Voting: In the case of equality of votes, the person presiding over the meeting shall have a casting vote in addition to his or her deliberative vote but at any meeting where the Chairperson is being elected or where an annual budget is being approved the decision shall be determined by a majority of two thirds of the members.

(iv) The validity of the proceedings, act or decision of a University Council shall not be affected by any vacancy in the membership of the University Council or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings or by reason that the notice was short.

(v) Decisions taken by voting will be arrived at by a simple majority of the members present on motions and issues. Voting shall normally be by either show of hands except on contentious issues where it will be by secret ballot.

(vi) All the actions on decisions taken shall be implemented as specified by the Council.

(vii) The Chairperson of Council in consultation with the Chairperson of a Committee shall have the power to act on behalf of the Committee in matters of urgency provided that such action will be reported for ratification at the meeting of the Council or Committee.

15. Technical Advice/Consultation

(i) The Council and its Committees may in the discharge of its functions invite any person to give technical advice in any meeting.

(ii) Non-members of Council may attend Council to respond to issues and reports before Council on invitation.

16. Emolument

Members of the University Council shall be paid such allowances as the Council may determine, taking into account other allowances in the public sector.

17. General Rules and Procedures/Amendments to the Rules

(i) Subject to the provisions of the Act, the University Council may regulate its own procedure, and the procedure of any of its committees.

(ii) The Rules and Regulations of the Council may be suspended by a simple majority vote. A motion to suspend the rules and regulations should be circulated to members two weeks prior to the meeting.

(iii) Amendments to the rules shall be made by a majority of the members of Council present and voting at any meeting of the University Council.