MEMORANDUM OF UNDERSTANDING

BETWEEN

SOUTH EASTERN KENYA UNIVERSITY

(SEKU)

AND

DEPARTMENT OF HEALTH, MAKUENI COUNTY

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Introduction

The South Eastern Kenya University (SEKU) of P.O Box 170-90200,Kitui and the
Government of Makueni County P.O. Box 78-90300 Makueni, are desirous of
establishing a joint collaboration to mutually offer outpatient health services,
attachments / placements for the students from South Eastern Kenya University
(SEKU)hereinafter referred to as 'The University' pursuing various academic programs
in SEKU,Wote and Mtito-Andei Town Campuses and in the field of Health sciences in
order to get treatment and a diverse clinical exposure at Makueni County health
facilities under the Department of Health, hereinafter referred to as 'The Department'.

1.0 Interpretation of words and phrases

1.1 In this Memorandum, unless expressly specified otherwise, the following
words and phrases whenever used herein shall connote the
following meanings:

'Academic staff' means persons or the staff of South Eastern Kenya

University who hold positions of Professor, Professor Emeritus, Associate
Professor, Senior Lecturer, Lecturer, Librarian, Assistant Lecturer,
Assistant Librarian, Chief Technician, Senior Technician, Senior
Technician, or any other teaching or research position which the
University Council has expressly recognized as a post having academic
status at the University.

'Clinical staff' includes staff of Department of Health, Makueni County

rendering clinical services at the County health facilities;

'Competent authority' includes the Vice Chancellor SEKU,Chief Officer,

Department of Health, Makueni County - and such other officers and
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• organs of governance of the two institutions; parties to this Memorandum
of Understanding (MOU) and includes the MOU Implementation
Committee;

'Ethical standards' means standards set for and required of medical or

clinical staff by relevant codes of professional ethics and/ or conduct and

by applicable conventional professional norms of usage or practice
established overtime;

'Genuine requirements' includes such requirements or needs as are

provided for by law under which an institution party to the Memorandum
is established and/ or governed and regulations made there under or as
are otherwise implied or envisaged by the institution's statutory powers,
objects and functions.

'Honorary status' means status, not bearing normal or usual substantive

employment terms and conditions, conferred under a supplementary

contract by an institution party to the Memorandum as an employee
...
holding substantive job title under a primary or principal contract with
the said institution party to this memorandum;

'The Department' means Department of Health, Makueni County

'The organs of governance' means the South Eastern Kenya University

(SEKU) , the Board of Management Committees of Makueni County

health facilities, the Senate of SEKU,other boards and committees as from
time to time established by mutual consent, reduced into writing of
parties to this MOU;

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 'Professional conduct' means such conduct as abides by, complies or is in
line with the requirements of good practice and ethical standards of one's
profession prescribed by law and\ or otherwise in the profession by
conventional practice or usage;
'Reciprocal representation' means equal representation in a specified
representative organ or representation on the same or equal terms in such
an organ;

A 'Teaching Hospital' means a hospital used by a University or a Faculty

or a School of Medicine and Public Health as a venue or forum for giving
systematic practical instruction, illustration or training to medical students
and related health professionals;

'Two institutions parties to this Memorandum' refers to South Eastern

Kenya University and the Department of Health, Makueni County;

'University' means SEKU as constituted under the relevant Act of

Parliament and herein known as South Eastern Kenya University.

1.2 Enabling Acts to prevail

Nothing in this Memorandum of Understanding shall be construed to
oust the respective objectives and powers of the parties herein provided
for under their respective constitutive legislations and/ or any other
written national law.

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1.3 Preamble

WHEREAS, the South Eastern Kenya University is an institution of higher

learning established and committed to the training students in the field of

Health Sciences;

WHEREAS, the Department of Health, Makueni County is endowed with

facilities necessary for providing health care and such practical learning
experience and;

WHEREAS, the Hospital and the University hereinafter referred to as 'the

Parties' wish to promote the development of the Department of Health,

Makueni County in training and health service delivery in the catchment
area and region.

WHEREAS, the parties recognize that co-operation between them -

would strengthen and enable the two parties, severally and/ or jointly, to
perform complementary activities in teaching including practical courses
..
and attachment, research, professional development and provision of
health care services; and therefore is mutually desirable, beneficial and
acceptable.

NOW, THEREFORE, the parties mutually agree that the following

Memorandum [Link] (MOU) shall govern their co-operation in
dealing with matters covered by and incidental to this Memorandum and
those connected or associated therewith;

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1.4 Duties and Responsibilities of parties

1.4.0 South Eastern Kenya University

SEKUshall;

a) Ensure that the university academic staff and students assigned to the
hospital facilities recognize, respect and adhere to the professional and
ethical requirements of training, research and service activities in the
Hospital;
b) Disseminate adequate information among the staff and students of
SEKU about the contents of this Memorandum in order to facilitate
abidance with and implementation of its terms and conditions;
c) Cover; as appropriate, diagnostic, pharmaceutical, logistic or any other
costs especially required by the University for the teaching and/or
research, and not necessitated by the regular patient care and research
activities of the hospital;
d) Ensure that the clinical staff of SEKU in addition to their employment
in the University, offer clinical consultancy services in the hospital.
e) Accord honorary academic status to deserving clinical staff of
Department 0 Health, Makueni County who are appropriately
qualified and meet the academic requirements for appointment as an
academic staff in the University;
f) Endeavor to, obviate or avoid any act of commission or omission that
may cause, lead to or result in misunderstanding, disharmony,
disputes or conflict between the two parties;
g) Cause to and participate actively in the membership and activities of
joint committees of the two institutions, constituted under this MOU;
h) Maintain all educational records and reports relating to the students.

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 • i) Ensure that placement of students is done in a manner that does not
disrupt the smooth running of the facilities.

1.4.1 The Department of Health, Makueni County

The Department of Health,Makueni County shall;

a) Provide outpatient health care services to all South Eastern Kenya

University Students whenever necessary or required.
b) Allow South Eastern Kenya University to use the County health
facilities for teaching, research, and instructing their students in
clinical and public health practice.
c) Provide access to the academic staff and students of the University,
to the diagnostic, outpatient, inpatient and other health facilities for
purposes of teaching, research, and clinical services.
d) Facilitate eligible staff of the Department in addition to fulfilling
their employment duties in the health facilities, render identified,
and acceptable service to the University.
e) Facilitate eligible visiting staff and students of other universities,
institutions, or organizations that have collaborative agreements
with SEKU to use the hospital for training, research, and clinical
practice in such a manner that is consistent with the letter and spirit
of this Memorandum.
f) Facilitate enforcement of discipline and observance of rules and
regulations of SEKU ethical standards and good professional
conduct among the Hospital staff rendering service in the
University in relation to their academic and/ or duties.
g) Disseminate adequate information among the staff of Department
of Health, Makueni County about the contents of the MOU in order

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 to facilitate abidance by and implementation of its terms and
conditions.
h) Endeavour to and obviate or avoid any act of commission or
omission that may cause,. lead to or result in misunderstanding,
disharmony, disputes or conflict between the two parties.
i) Cause to promote the spirit of understanding and mutual
resolution of disputes and conflicts should they arise.
j) Participate actively in the membership and activities of the joint
committees of the two institutions constituted under this MOU
k) Provide effective teaching, supervision, and evaluation of SEKU
students on clinical and/ or practical attachment at the Hospital.
1) Allow the University staff and students' access and/ or use of all
other hospital facilities for purposes of training of students.
m) Under no circumstances compensate or employ students to work
for a salary in the hospital while on clinical or other educational
programmes.

2.0 Powers and privileges

The South Eastern University of Kenya (SEKU) shall enJoy the

following powers and privileges under this MOU;

a) Have the student's access treatment when need be.

b) Use Makueni County health facilities as forum of teaching,
instructing, conducting practical courses and research for the
University in the spirit of this Memorandum.
c) Have reciprocal representation and/ or the same number of
representatives, as the case may be, in joint committees of the two
institutions, including the Research Ethics Committee (REC)

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 d) The University reserves the right to discontinue any student found
contravening the articles of this MOU from the programme.

The Department of Health, Makueni County

Department of Health, Makueni County shall have the following powers

and privileges;

a) Call for adherence by SEKU to several and/ or joint requirements of

duty clauses of this MOU relating to the University and adopt such
cause of action that is consistent with the letter and spirit of this
Memorandum.
b) Have eligible visiting staff of other universities, institutions, or
organizations that have collaborative agreements with SEKU sign with
the hospital specific roles and duties of the respective visiting staff
members, and require their allegiance to the hospital in the
performance of their specified roles / duties.
c) Have reciprocal representation or the same number of representatives
in joint committees of two institutions, including the Research Ethics
Committee (REC)

3.0 Mutual Interests

a) All items and equipment shall, by mutual agreement, be owned by

Department of Health, Makueni County and that, such items shall
be jointly identifiable clearly with Department of Health, Makueni
County markings;

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b) All items and equipment bought or donated by the University
and! or any of its collaborating institutions for exclusive use in the
hospital shall belong to Department of Health Makueni County
unless otherwise agreed in writing to the contrary;
c) The parties shall jointly repair, maintain and replace all items or
property, including equipment, facilities, conveniences amongst
others identifiably marked with the hospital marking in order to
ensure smooth delivery of clinical services and teaching;
d) The terms and conditions of the use of equipment and facilities
shall be determined on mutual agreement, and in the interest of co-
operation, where each party gives reasonable access to the use of
these facilities to the members of the other institution.

4.0 Other terms

Each institution shall maintain its own separate identity, under its own
management during the period of this agreement.

Each learning session at the Hospital will accommodate the number of

students convenient for learning.

The University agrees to indemnify the hospital for losses caused by

any student during the course of the hospital learning session.

The hospital shall arrange for emergency medical care for the students
should need arise. Bills and! or other related hospital charges shall be
the responsibility of the University.

5.0 Implementation Committee

There shall be formed, by the two parties, an MOU Implementation

Committee consisting of five (5) members or their representatives,
authorized by them in writing.

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5.1The Chair of the MOU Implementation Committee shall be held in
rotation, as mutually agreed, between the Chief Officer, Department of
Health - and the Deputy Vice Chancellor, Academics Research and
Student Affairs, SEKU; provided that no institution shall hold the
Chair for more than two (2)consecutive years.

5.2The quorum for the meetings of the MOU Implementation

Committee shall be at least four members; of these two must be from
either partner institution.

5.3 The MOU Implementation Committee shall determine its own

procedure of conducting meetings.

5.4 The main functions of the Implementation Committee shall be to

coordinate and supervise the implementation of the MOU, and to
resolve, in good faith, disputes, or disagreements between the two
parties arising under the Memorandum in the spirit of co-operation.

5.5 Without prejudice to the generality of clause 5.0 the functions of the
MOU Implementation Committee shall include;

a) To handle matters referred to it by either party involving staff

serving in or attached to clinical departments;

b) To cause and recommend a review of this Memorandum from time

to time as and when need arises, provided that there shall be a general
review of the Memorandum at least once in every (3) three years.

5.6 The MOU Implementation Committee shall have power to appoint

sub-committees and co-opt other members as and when required,
amongst other things for the better and proper carrying out of its
functions.

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 5.7 The two institutions, parties to this Memorandum, shall agree

between them to contribute equally to the expenses of the MOD

Implementation Committee.

6.0 Project outlines and work plans

This Memorandum may be supplemented by project outlines and work

plans and other addendum that describe more specifically the activities

to be carried out or items required for the collaborative activities agreed

upon by the two partner institutions.

The said project outlines and work plans shall be deemed as annexure to

this MOD and may originate from either party, but will require approval

of both parties.

7.0 Research and Ethics Committee

There shall be a Research Ethics Committee (REC) with reciprocal or

equal membership, which shall comply with the national regulation and

acceptable international standards on composition of Ethical

Committees.

When forming such ethical committees, the individual institution may

request fora representative from the other institution to be a member.

8.0 Exchange of Scientific Information

In furtherance of common interests, the parties shall strive to;

1. Learn from each other and enhance collaborative endeavors

through scientific meetings, conferences or seminars;

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 11. Exchange academic and scientific information through sharing
knowledge, data, teaching materials, methodologies, techniques
and technologies;
iii. Assume equal responsibilities In the protection of intellectual
property rights and patenting of any inventions arising from
collaborative research, subject to existing intellectual property
rights policy of each partner institution.

9.0 Decisions

Each party shall communicate to the other, in good faith, within thirty (30)
days any decision (s) that may adversely affect the interests of the other
party as far as the letter and spirit of this MOU is concerned.

10.0 Amendments and Termination

The two institutions, parties to this Memorandum, may by mutual consent

reduce into writing, add, delete or amend any of its words, sentences or
provisions; provided that such alterations shall be done in good faith.

This Memorandum shall remain in force for ten (10) years renewable
unless either party to it serves a written notice of six (6) months to the
other party expressing its intention to terminate it, in which event the
MOU shall stand terminated at the expiry of such notice. The said notice
must outline grounds for termination.

11.0 Resolution of Disputes

Both parties shall resolve, in good faith, any disputes arising from the
MOU.
. ,. ....-

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 In the event of differences or any dispute that cannot be resolved amicably
within the MOU Implementation Committee or otherwise such a dispute
shall be referred to arbitration in accordance with the Laws of Kenya.

12.0 Enforcement

This Memorandum of Understanding shall come into operation on such

date as parties to this Memorandum shall, through their competent
authority, execute it or, if a different date, as shall be appointed by them.

IN WITNESS WHEREOF, the parties hereto set their respective hands in

the manner and on the day and year hereinafter below:

GOVERNMENT OF
MAKUENI COUNTY

Signed 1 4 MAR Z015

..
EPARTMENT OF HEALTH
90300, MAKUENI
Prof. Dr. Andrew Mulwa
Vice County Executive - Health
SEK Makueni ,ou~ Government

Date \~\~\.\~ .

Signed. (Witnesses)

-----.-----.~..
.,

Prof. Zipporah Ng'ang'a Dr. Patrick Kibwana

DVC-ARSA Chief Officer
SEKU Department of Health, Makueni County
ft·
Date
I 'f- t1~VJ.h 2-;}
.
U::.
Date
\4 ,11 M Pr1'LC\+ Q. 0 Ib
.

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