Chartered Universities to offer certificate, diploma courses

Only Chartered Universities shall continue to offer diplomas and other academic certificates; Commission for University Education (CUE) has clarified.

CUE Chief Executive Officer Prof David Some said he was quoted out of context as saying all universities must stop admitting students to diploma and certificate courses.

"What is certain is that no post-secondary institutions shall be allowed to admit degree students effective June 30. I never talked about universities," Prof Some said.

All public and private universities can now admit students to diplomas, including postgraduate diplomas and 'other academic certificates', according to the amended Universities Act.

The institutions shall also admit students to degree courses, including postgraduate degree and honorary degrees.

These are the new changes to the Universities Act 2012 that seek to clarify sections of a Charter.

Section 20 (e) of the Act previously read that a university granted Charter may award degrees, including honorary degrees. Universities can now offer certificate courses as well, under the revised law.

The Standard has however established that the matter has been moved to court.

"CUE is strictly supposed to deal with universities. Diploma and certificates programs are an exclusive preserve of technical institutions," said Prof Some.

He said Technical and Vocational Education and Training Authority (TVETA) is the body charged with oversighting the quality of diploma and certificates.

"We cannot do what we are not mandated to do in law. But if the matter has moved to court let us wait for the verdict," said Prof Some.

The miscellaneous amendments were passed late last year and assented to by the president.

Education cabinet secretary Jacob Kaimenyi has in the recent past maintained that universities as institutions of higher learning must only 'concentrate in degree courses where research is extensive.'

The amendments were aimed at streamlining university education and also foster financial accountability of private universities.

Under the new law, private universities are required to declare their financial and ownership structure.

University education stakeholders raised these concerns following lack of clarity of private universities ownership profiles.

They wanted these details anchored in the Act.

The amendments introduced new sections under private universities financial management to include 'the rights and obligations of each party and sharing of assets or liabilities.'

New sections in the amended Act reads: "A private university granted a charter may enter into a financing arrangement with any person or institution upon such terms and conditions as may be set out in the arrangement, for the purpose of financing the objectives for which the university is established.

The place of CUE has also been firmed as the sole accrediting agency, putting to rest the incessant conflicting roles with the various professional regulatory agencies.

Section 5(3) of the Act was amended to read: 'For the avoidance of doubt, the Commission shall be the only body with the power to perform the functions set out in this section.'

This means that the phrase 'save as may be provided for under any other written law' as currently appears in Act was deleted.

Education PS Belio Kipsang told MPs last year that the sections of the Act were not specific on which institution should conduct accreditation.

He spoke at a time when Engineering students were victims of a strict transition period from constituent colleges to full-fledged universities.

This ambiguity in law saw thousands of engineering students barred from graduating and several others forced to re-sit some papers after the Engineering Board of Kenya faulted authenticity of the programs offered in various institutions.

This amendment now means that CUE will hold the last say in university programs accreditation and that professional bodies shall now work under the CUE.

CUE will also be required to 'regularly inspect universities in Kenya.'

The Act under section 5(1, l) reads: 'On regular basis, inspect universities in Kenya.' The previous un-amended Act says CUE shall accredit and inspect university programs in Kenya.

Also, the proposed amendments define 'programs accreditation' as the process by which the Commission (CUE) recognizes an academic curriculum of a proposed university or of a university with a letter of interim authority or of a foreign campus.

The current definition in the Act defines accreditation as the procedure by which the commission formally recognizes an institution as a university.

The amendments also give CUE more powers to inspect universities on financial management, extra curriculum activities, and research and institutions and Corporate Social responsibilities.

This essentially means that the CUE will play a key role in curbing the rising students unrest, as some of the causes of strikes will have been addressed during inspection.

The law also requires that the cabinet secretary in charge of education appoint deputy principals of colleges. The previous law was not clear on their appointments.