Bukura Agricultural College Act

LAWS OF KENYA
THE BUKURA AGRICULTURAL COLLEGE ACT
CAP. 348
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Bukura Agricultural College Act
Cap. 348
Legislation as at 31 December 2022
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Share widely and freely.

Bukura Agricultural College Act (Cap. 348)
Contents
Part I – PRELIMINARY ....................................................................................................................................................................................... 1
1. Short title .................................................................................................................................................................................................... 1
2. Interpretation ............................................................................................................................................................................................. 1
Part II – ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE ........................................................................................................ 2
3. Establishment ............................................................................................................................................................................................ 2
4.

................................................................................................................................................. 2
4.

Functions of the College ....................................................................................................................................................................... 2
5. Awards of the College ............................................................................................................................................................................ 2
Part III – MEMBERSHIP AND GOVERNANCE OF THE COLLEGE ......................................................................................................... 3
6. Membership of the College .................................................................................................................................................................. 3
7. Board of Governors .................................................................................................................................................................................. 3
8. Governance of the College ................................................................................................................................................................... 4
9.

................................................................................................................................................. 4
9.

Principal of the College ......................................................................................................................................................................... 4
10. Deputy Principal ..................................................................................................................................................................................... 4
11. Academic Board ...................................................................................................................................................................................... 5
12. Committees .............................................................................................................................................................................................. 5
13. Staff of the College .............................................................................................................................................................................. 5
14.

................................................................................................................................................ 5
14.

Incapacity .................................................................................................................................................................................................. 6
Part IV – FINANCIAL PROVISIONS ................................................................................................................................................................ 6
15. Financial Year .......................................................................................................................................................................................... 6
16. Investment of funds ............................................................................................................................................................................. 6
17. Annual estimates .................................................................................................................................................................................... 6
18.

................................................................................................................................................ 6
18.

Books of Account ................................................................................................................................................................................... 7
Part V – MISCELLANEOUS PROVISIONS ..................................................................................................................................................... 7
19. Common Seal .......................................................................................................................................................................................... 7
20. Signification of documents ................................................................................................................................................................ 7
21. Statutes ...................................................................................................................................................................................................... 7
22. Protection of name ...............................................................................................................................................................................

......................................................................................................................................................

8
Part VI – TRANSITIONAL PROVISIONS ........................................................................................................................................................ 8
23. [Spent] ........................................................................................................................................................................................................ 8
24. [Spent] ........................................................................................................................................................................................................ 8

.................................................................................................................................................... 8

Bukura Agricultural College Act (Cap. 348) Kenya
BUKURA AGRICULTURAL COLLEGE ACT
CAP. 348
Published in Kenya Gazette Vol. CII—No. 1 on 7 January 2000
Assented to on 31 December 1999
There are multiple commencements
Provisions Status
Part I (section 1–2); Part II (section 3–5); Part III,
section 11, section 13(1)–(2), (5); Part IV, section 15;
Part V, section 19, section 22(1); Part VI, section 23,
section 24(1)–(5)
commenced on 1 July 1992 by Legal Notice 106 of
2003. Part III, section 6–10, section 12, section 13(3)–(4),
section 14; Part IV, section 16–18; Part V, section 20–
21, section 22(2); Part VI, section 24(6)
commenced on 11 July 2003 by Legal Notice 106 of
2003. [Amended by Statute Law (Miscellaneous Amendments) Act, 2002 (Act No. 2 of 2002) on 7 June 2002]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to provide for the establishment and administration of Bukura Agricultural
College, and for connected purposes
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Bukura Agricultural College Act. [Act No. 2 of 2002, Sch.]
2.

for connected purposes
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Bukura Agricultural College Act. [Act No. 2 of 2002, Sch.]
2.

Interpretation
In this Act, unless the context otherwise requires—
"academic board" means the academic board established under section 7;
"Board" means the Board of Governors of the College constituted under Section 7;
"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for agriculture;
"College" means the Bukura Agricultural College established under the statutes;
"financial year" means the financial year of the College as specified in section 15(1);
"lecturer" means a Senior Principal Lecturer, Principal Lecturer, Lecturer, or a person who holds any other
teaching or research post which the Board of Governors, on recommendation of the academic board, may
approve;
"Librarian" means the person appointed to be the Librarian of the College;
"Registrar" means the person appointed by the Board of Governors to be the Registrar of the College;
"statutes" means the Statutes of the College made by the Board of Governors under section 20;
1

Board of Governors to be the Registrar of the College;
"statutes" means the Statutes of the College made by the Board of Governors under section 20;
1

Bukura Agricultural College Act (Cap. 348) Kenya
"student" means a person registered by the College for the purposes of obtaining a qualification of the
College, or any other person who the academic board determines to be a student. Part II – ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE
3. Establishment
(1) There is established a college to be known as the Bukura Agricultural College. (2) The College shall be a body corporate with perpetual succession and a common seal, and shall in its
corporate name be capable of—
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and
immovable property;
(c) borrowing or lending money;
(d) doing or performing all such other things or acts for the furtherance of the provisions of this
Act which may lawfully be done by a body corporate.

d) doing or performing all such other things or acts for the furtherance of the provisions of this
Act which may lawfully be done by a body corporate.

(3) The College is the successor to the Bukura Institute of Agriculture, and subject to this Act all
rights, obligations, assets and liabilities of the Bukura Institute of Agriculture existing at the
commencement of this Act shall be automatically and fully transferred to the College, and any
reference to the Bukura Institute of Agriculture in any contract or document shall for all purposes
be deemed to be a reference to the College established under subsection (1). 4. Functions of the College
(1) The functions of the College shall be—
(a) to provide directly or in collaboration with other institutions of higher learning, facilities
for education in agriculture and other ancillary subjects through the integration of teaching,
research and effective application of extension services;
(b) to participate in the discovery, transmission and preservation of knowledge in agriculture
and any other related field;
(c) to conduct examinations for and grant diplomas and such academic awards as may be
provided in the statutes; and
(d) subject to this Act, to co-operate with the Government in the planned development of
agricultural education.

may be
provided in the statutes; and
(d) subject to this Act, to co-operate with the Government in the planned development of
agricultural education.

(2) Admission to the College of candidates for diplomas or other awards of the College shall be open to
all persons accepted as being qualified by the academic board without distinction of ethnic origin,
sex, or sect being imposed upon any person as a condition of his becoming or continuing to be a
student, nor shall any such condition be imposed on any person for his becoming or continuing to
be a lecturer of the College, and no preference shall be given to, or advantage be withheld from any
person on the grounds of ethnic origin, sex, sect or creed. 5. Awards of the College
(1) Subject to this Act, the academic board may grant scholarships, diploma certificates or any other
academic awards of the college which it is for the time being authorised by the statutes to grant. (2) The academic board may withdraw any diploma certificate, scholarship or other award granted
under this section if, subsequent upon such grant, the board is satisfied that—
(a) such grant was contrary to any requirement prescribed under section 11(2)(d); or
2

on if, subsequent upon such grant, the board is satisfied that—
(a) such grant was contrary to any requirement prescribed under section 11(2)(d); or
2

Bukura Agricultural College Act (Cap. 348) Kenya
(b) the qualification was obtained through fraudulent or other improper means. Part III – MEMBERSHIP AND GOVERNANCE OF THE COLLEGE
6. Membership of the College
The membership of the College shall consist—
(a) the members of the Board of Governors;
(b) the Principal;
(c) the Deputy Principal;
(d) the Librarian;
(e) members of the academic board;
(f) the lecturers;
(g) the students; and
(h) such other members of staff of the College or any other body formally admitted into association
with the College as the Board of Governors may from time to time determine. 7.

aff of the College or any other body formally admitted into association
with the College as the Board of Governors may from time to time determine. 7.

Board of Governors
(1) There shall be a Board of Governors of the College which shall consist of—
(a) a Chairperson who shall be appointed by the Cabinet Secretary;
(b) the Director of Agriculture;
(c) the Director of Livestock Production;
(d) the Director of Education;
(e) the Director of Personnel Management;
(f) the Principal Secretary to the National Treasury;
(g) the Principal Secretary in the Ministry for the time being responsible for matters relating to
agriculture;
(h) two representatives of public universities in Kenya who shall be appointed on a three-year
rotational basis by the Cabinet Secretary on the advice of the said universities;
(i) two representatives of the agricultural industry appointed by the Cabinet Secretary in
consultation with the Agricultural Society of Kenya;
(j) the Principal;
(k) one representative of the Kenya National Farmers Union, appointed by the Cabinet Secretary
in consultation with that Union;
(l) the Director of the Kenya Agricultural Research Institute; and
(m) the Registrar who shall be secretary to the Board. (2) The Cabinet Secretary shall appoint a vice-Chairperson from among the members of the Board.

(m) the Registrar who shall be secretary to the Board. (2) The Cabinet Secretary shall appoint a vice-Chairperson from among the members of the Board.

(3) Subject to subsection (5), a member of the Board, other than an ex officio member, shall hold office
for a period of three years but shall be eligible for re-appointment. 3

(5), a member of the Board, other than an ex officio member, shall hold office
for a period of three years but shall be eligible for re-appointment. 3

Bukura Agricultural College Act (Cap. 348) Kenya
(4) The office of a member of the Board other than an ex officio member, shall become vacant—
(a) if the member resigns his office by writing under his hand addressed to the Registrar;
(b) if the Board is satisfied that the member is, by reason of physical or mental infirmity, unable
to exercise the functions of his office; or
(c) upon his death. (5) Where the office of a member of the Board becomes vacant under subsection (5), the Registrar shall
notify the Cabinet Secretary within one month of the occurrence and shall request the appointment
of a replacement. 8.

ection (5), the Registrar shall
notify the Cabinet Secretary within one month of the occurrence and shall request the appointment
of a replacement. 8.

Governance of the College
Subject to this Act, the Board shall be the Governance of governing body of the College and shall have the
power to—
(a) control, supervise and administer the assets of the College in such manner as best promotes the
purpose for which the college is established;
(b) determine the provisions to be made for the capital and recurrent expenditure and for reserves of
the College;
(c) receive any grants, gifts, donations or endowments on behalf of the College and make legitimate
disbursements therefrom;
(d) enter into association with other colleges, universities or other institutions of higher learning as
the Board may consider appropriate and in furtherance of the purpose for which the College is
established;
(e) open a banking account or banking accounts for the funds of the College;
(f) invest any of the funds of the College not immediately required for its purposes in the manner
provided for its purposes in the manner provided in section 16; and
(g) in consultation with the academic board, make regulations Governing the conduct and discipline of
students of the College. 9.

d in section 16; and
(g) in consultation with the academic board, make regulations Governing the conduct and discipline of
students of the College. 9.

Principal of the College
(1) There shall be a Principal of the College who shall be appointed by the Cabinet Secretary in
consultation, with the college, Board. (2) The Principal shall—
(a) have the overall responsibility for the direction, organisation, administration and
programmes of the College;
(b) be the Chairperson of the academic board; and
(c) be responsible to the Board for the general conduct and discipline of the students. (3) The Principal shall hold office for such period as may be provided by the statutes, and upon
expiration of that period, shall be eligible for re-appointment. 10. Deputy Principal
(1) The Board of Governors shall, in consultation with the Cabinet Secretary, appoint a Deputy
Principal who shall, under the general authority of the Principal, exercise such powers and perform
such duties as may be provided by the statutes. 4

Principal who shall, under the general authority of the Principal, exercise such powers and perform
such duties as may be provided by the statutes. 4

Bukura Agricultural College Act (Cap. 348) Kenya
(2) The Deputy Principal shall hold office for such period as may be provided by the statutes, and at the
expiration of that period shall be eligible for re-appointment. 11. Academic Board
(1) There shall be an academic board of the College which shall consist of—
(a) the Principal;
(b) the Deputy Principal;
(c) all heads of Departments of the College;
(d) the Dean of students;
(e) the College farm manager; and
(f) the Librarian.

(b) the Deputy Principal;
(c) all heads of Departments of the College;
(d) the Dean of students;
(e) the College farm manager; and
(f) the Librarian.

(2) The academic board shall—
(a) satisfy itself regarding the content and the academic standard of any diploma or other award
of the College;
(b) propose statutes to be made by the Board regarding the eligibility of persons for admission to
a course of study;
(c) propose statutes to be made by the Board regarding the standard of proficiency to be gained
in each examination or other academic exercise of the College;
(d) determine which students have attained the prescribed standard or proficiency and are
therefore fit to be granted a diploma or other academic award of the College;
(e) observe the conduct of the academic affairs of the College generally and make
representations thereon to the Board of Governors. (3) The Board shall not initiate any action in respect of the matters referred to in paragraphs (a), (b) or
(c) of subsection (2) except upon receipt of a report or proposal from the academic board, and shall
not reject or amend any such report or proposal without further reference to the academic board. 12.

rt or proposal from the academic board, and shall
not reject or amend any such report or proposal without further reference to the academic board. 12.

Committees
Where necessary, the Board may appoint specialised committees from amongst its members or the
members of the academic board to discharge such duties as it may specify and make reports thereon to the
Board. 13. Staff of the College
(1) The academic staff of the College shall consist of the Principal, the Deputy Principal, the Librarian,
lecturers, and all other members of staff engaged in research or extension services. (2) The administrative staff of the college shall consist of the Principal, the Deputy Principal, the
Registrar, the Finance Officer and other members of staff not engaged in teaching, research or
extension services. (3) All members of staff of the College shall, subject to this Act, be appointed by the Board of
Governors either—
(a) upon such terms and conditions of service as the Board may determine; or
(b) in the case of a person being seconded to the service of the College from the service of
another college, the Government or any other part of the public service, upon such terms and
conditions as may be agreed upon between the Board of Governors and the seconding body. 5

or any other part of the public service, upon such terms and
conditions as may be agreed upon between the Board of Governors and the seconding body. 5

Bukura Agricultural College Act (Cap. 348) Kenya
(4) The Board may, subject to such restrictions as it may impose, delegate either generally or
specifically to any committee the power to appoint any member of staff of the College. (5) All members of staff of the College shall—
(a) be subject to the general authority of the Principal; and
(b) be deemed to be employed on a full time basis unless otherwise specifically provided by the
terms of a particular appointment. 14. Incapacity
(1) In the event of incapacity of the Principal, the Deputy Principal may with the authority of the
Chairperson of the Board, perform the duties of the Principal during the period of incapacity. (2) In the event of the incapacity of any other member of staff of the College, the Principal may in
consultation with the Board of Governors, appoint another person who is equally qualified to
perform the functions of such member during the period of incapacity. (3) In this section "incapacity" includes absence from Kenya. Part IV – FINANCIAL PROVISIONS
15. Financial Year
The financial year of the College shall be the period of twelve months ending on 30th June in every year. 16.

FINANCIAL PROVISIONS
15. Financial Year
The financial year of the College shall be the period of twelve months ending on 30th June in every year. 16.

Investment of funds
(1) The Board may invest any of the funds of investment the college in securities in which, for the
time being, or funds trustees may by law invest trust funds and in any other securities which the
National Treasury may from time to time approve. (2) The Board may place any monies not immediately required for the purposes of the college on
deposit with such banks as the National Treasury may approve or in Government securities. 17. Annual estimates
(1) At least five months before the commencement of each financial year, the Board shall cause to be
prepared estimates of the revenue and expenditure of the College for that year.

e the commencement of each financial year, the Board shall cause to be
prepared estimates of the revenue and expenditure of the College for that year.

(2) The annual estimates shall make provision for all the estimated expenditure of the College for the
financial year concerned, and in particular, shall provide for—
(a) the payment of salaries, allowances and other charges in respect of the activities of the
Colleges;
(b) the payment of pensions, gratuities and other charges in respect of retirement benefits
which are payable out of the funds of the College;
(c) the proper maintenance of buildings and grounds of the College;
(d) the maintenance, repair and replacement of the equipment and other movable property of
the College;
(e) the funding of the cost of teaching and research activities of the College;
(f) the proper maintenance of the catering, accommodation and recreational facilities for the
students of the College; and
6

ctivities of the College;
(f) the proper maintenance of the catering, accommodation and recreational facilities for the
students of the College; and
6

Bukura Agricultural College Act (Cap. 348) Kenya
(g) the creation of reserve funds to meet future or contingent liabilities in respect of retirement
benefits, insurance, replacement of buildings or equipment, or in respect of such other
matters as the Board of Governors may deem fit. (3) The annual estimates shall be approved by the Board at least two months before the
commencement of the financial year to which they relate and shall be submitted to the Cabinet
Secretary for approval. (4) No expenditure shall be incurred for the purpose of the College except in accordance with the
annual estimates approved under subsection (3) or in pursuance of an authorization of the Board
given with prior written approval of the Cabinet Secretary and the Principal Secretary to the
National Treasury. 18. Books of Account
(1) The Board shall cause to be kept proper books and records of account of the income, expenditure
and assets of the College.

y. 18. Books of Account
(1) The Board shall cause to be kept proper books and records of account of the income, expenditure
and assets of the College.

(2) Within four months after the end of each financial year, the Board shall submit to the Auditor-
General or an auditor appointed in accordance with subsection (3), the books of account of the
College together with—
(a) a statement of income and expenditure during that year; and
(b) a statement of the current assets and liabilities of the College. (3) The accounts of the College shall be audited and reported upon in accordance with the Public Audit
Act (Cap. 412B). Part V – MISCELLANEOUS PROVISIONS
19. Common Seal
(1) The common seal of the College shall be kept in such custody as the Board shall direct, and shall be
used upon the order of the Board. (2) The common seal of the College shall be authenticated by the signature of the Chairperson of the
Board, the Principal or one other member of the Board duly authorised by the Board in that behalf,
and of the Registrar. (3) The common seal of the College, when affixed to any document and duly authenticated under this
section, shall be judicially and officially noticed, and unless the contrary is proved, the necessary
order or authorization of the Board under this section shall be deemed to have been duly given. 20.

, and unless the contrary is proved, the necessary
order or authorization of the Board under this section shall be deemed to have been duly given. 20.

Signification of documents
All documents, other than those required by law to be under seal, made on behalf of the Board, shall be
signified by the hand of the Chairperson of the Board, the Principal, the Deputy Principal or any other
member of the Board generally or specifically authorized by the Board in that behalf. 21. Statutes
(1) In the performance of its functions under this Act the Board shall make statutes generally for the
administration of the College, and in particular for—
(a) the establishment of Departments of College;
(b) the requirements for the award of diplomas or other awards of the College;
(c) the conduct of examinations;
7

blishment of Departments of College;
(b) the requirements for the award of diplomas or other awards of the College;
(c) the conduct of examinations;
7

Bukura Agricultural College Act (Cap. 348) Kenya
(d) prescribing fees, boarding and other charges;
(e) prescribing the terms and conditions of service, including the appointment, discipline,
dismissal, and retirement benefits of the staff of the College; and
(f) the quorum and procedure of meetings of the Board and the establishment, composition and
terms of reference of the committees of the Board. (2) Statutes shall be made by a resolution made at a meeting of the Board and passed by a majority of
not less than three-fourths of the members present and voting, not being less than half of the total
membership of the Board. 22. Protection of name
(1) No public officer performing functions or name relating to registration of companies or business
names shall accept for such registration any name which includes the words "Agricultural College"
together with the word "Bukura" unless the application for the registration is accompanied by the
written, consent of the Board.

Agricultural College"
together with the word "Bukura" unless the application for the registration is accompanied by the
written, consent of the Board.

(2) Any person who, except with the written consent of the Board, uses the words "Agricultural College"
together with the word "Bukura" in furtherance of, or as, or in connection with, any advertisement
for any trade, business, calling or profession, commits an offence, and is liable on conviction to—
(a) imprisonment for a term not exceeding twelve months; or
(b) a fine not exceeding thirty thousand shillings; or
(c) both such fine and imprisonment;
Provided that nothing in this section shall be construed as preventing the bona fide use by any
person of any title consequent to the grant to him of a diploma or any other award of the College. Part VI – TRANSITIONAL PROVISIONS
23. [Spent]
24. [Spent]
8