General Francis Omondi Ogolla, the Chief of Defence Forces, was among the 10 military officers who perished in a helicopter crash in Marakwet East.

A sombre mood engulfed the country Thursday, April 18 evening when President William Ruto, at the corridors of State House Nairobi, made the official announcement, confirming the worst fears among Kenyans.

General Ogolla became the first chief of defence forces in post-independence Kenya to die in office.

President Ruto would announce that the country will observe three days of national mourning to honour the fallen soldiers.

And while President Ruto did not outrightly give the way forward on who will take over from the late General Ogolla, the constitution does not allow for a vacuum.

Tonje rules

Section 23 of the Kenya Defence Forces Act says that the Chief of Defence Forces is appointed by the President, but on the recommendation of the Defence Council.

The Defence Council consists of the Defence Cabinet Secretary, Defence Principal Secretary, the Chief of Defence Forces and three Commanders of the Defence Forces.

However, Major reforms orchestrated by former Kenya Defence Forces Chief of Staff Daudi Tonje would mean that the Chief of Defence Forces is rotational between the Army, Navy and Air Force.

The tenure of General Ogolla, a Kenya Air Force officer, was coming to an end in less than a year, as he was due to retire in 2025.

Since Ogolla dies while in office, the Defence Council could opt to choose someone from the Air Force to complete his term, or fall back to Tonje rules and appoint someone from the Kenya Navy.

March 8, 2024 changes

In changes made by President Ruto in March 2024, Major General Charles Muriu Kahariri was promoted to the rank of Lieutenant General and appointed the Vice Chief of Defence Forces.

Major General David Kimaiyo Tarus was promoted to the rank of Lieutenant General and appointed as the Commander Kenya Army.

Also, President Ruto promoted Brigadier Thomas Njoroge Ng’ang’a to the rank of Major General, and appointed him the Commander Kenya Navy.

The Vice Chief of Defence Forces — Lieutenant General Kahariri — will take over as acting CDF until President Ruto makes a substantive appointment on recommendation of the Defence Council.

It appears that the country has chosen the last option of having an acting CDF.

The Kenya Defence Forces Act says a CDF, deputy CDF and service commanders shall serve a single term of four years.

The law also says that a General is supposed to retire at 62, A lieutenant General at 61, a Major General at 59 and a Brigadier at 57 years.

However, the President — on recommendation of the National Defence Council — may extend the CDF’s term for a period not exceeding one year in times of war or emergencies like political uncertainty.