Following the death of Gen Francis Ogolla in a Helicopter crash Vice Chief of Defence Forces Lt Gen Charles Muriu Kahariri will act as Chief of Defence Forces until a substantive appointment is made.
This is to avoid a power vacuum in the military.
According to officials, there is no vacuum in the military as Gen Kahariri sat in as the acting CDF immediately after the tragedy.
According to the officials, Gen Kahariri will continue until when a substantive General is appointed and named by the President in accordance with the law.
The Defence Council is set to meet and deliberate on who will be the next military boss and advise the president on who will make the appointment.
“There is no vacuum. There is a VCDF who will act until a new and substantive CDF is appointed,” said an official aware of the issue.
Retired Gen Daudi Tonje had also told journalists in his Kitale home there is no vacuum in the military in such an incident because there is a VCDF.
“The VCDF will take over for now until when the president announces the substantive holder,” he said.
The Kenya Defence Forces Act says a CDF, his deputy and service commanders shall serve a single term of four years or retire upon attaining the mandatory retirement age.
But the Act also says the President may, on the recommendation of the National Defence Council, extend the CDF’s term for a period not exceeding one year in times of war or emergencies like political uncertainty.
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 law puts a disclaimer on the General that: “The maximum retirement age shall be amended from time to time through legislation on the recommendation by the Defence Council.”
Under the rules introduced by retired Chief of General Staff Gen Daudi Tonje-adopted and known as the Tonje Rules, the position of the CDF is rotated among the three services.
These are the Kenya Army, Kenya Air Force and Kenya Navy.
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