The Universities (Amendment) Bill, 2024

SPECIALISSUE

Kenya Gazette Supplement No.63(National Assembly Bills No.16)

REPUBLICOFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2024

NAIROBI,8th March,2024

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |-----------------------------------------------------|--------| | The Universities(Amendment) Bill,2024 | 411 |

THEUNIVERSITIES(AMENDMENT)BILL,2024

A Bill for

AN ACT of Parliament to amend the Universities Act

ENACTED by theParliament of Kenya as follows-

• 1.This Act may be cited as the Universities Short title. (Amendment) Act,2024.
• 2.The Second Schedule to the Universities Act,2012
• is amended-
• ninety days from the date of occurrence of the vacancy immediately after the word "appointment";
• (b) by deleting paragraph 2 and substituting therefor
• the following new paragraph-
• "2.The Senate shall forward three names of persons identified under paragraph 1 to the President who shall,within twenty yone days, appoint one person as the Chancellor;"
• (c)by inserting thefollowing new paragraph immediately after paragraph 2-
• "2A. In the performance of its function, the Senate shall ensure that at least one person shall be of either gender;"and
• (d) by deleting paragraph 3.

Amendmentof Second Schedule

to No.42 of2012.

MEMORANDUM OFOBJECTSANDREASONS

The principal object of this Bill is to amend the Universities Act, 2012 in order to allow the President to appoint Chancellors of Public Universities devoid of the current procedures set in the Act. The current procedures as stipulated in the second schedule discourage persons applying for the position of a chancellor because the procedure is long and time consuming especially for the targeted persons who are normally eminent personalities of the country who may not have time to go through the entire procedure.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms

The Bill does not delegate legislative powers neither does it limit

any fundamental rights and fundamental freedoms.

Statement that the Bill does not concern county governments

The Bill does not concern county governments in terms of Article

110(1) (a) of the Constitution.

Statement that the Bill is a money Bill within the meaning of Article 114 of the Constitution

The enactment of this Bill shall not occasion additional expenditure ofpublic funds.

Dated the 15th November,2023.

OWENYAABAYA,

Member ofParliament.

The Second Schedule to No.42 of 2012 which is proposed to be amended-

SECONDSCHEDULE

[Section 38(1),Act No.18 of 2018, Sch.]

• 1.Where a vacancy occurs in the office of the Chancellor of a public university,the senate of that university shall,in consultation with key stake holders,identify suitable persons for appointment.
• 2.Five names shall be proposed to the Senate and submitted to the Public Service Commission for shortlisting and identification of three suitable candidates,ranked in order ofmerit.
• 3.The Public Service Commission shall forward the names of the top three candidates to the Cabinet Secretary for onward transmission to the President,who shall pick one of the persons for appointment as the Chancellor.
• 4.The appointment of the Chancellor by the President shall be by noticepublished in the Gazette.