Tough options for President on Kibochi heir

All eyes are now on President William Ruto as the Chief of Defence Forces (CDF), General Robert Kibochi, attains the mandatory retirement age next month even though he is yet to complete his four-year term.

The impeding succession at the Department of Defence (DoD) is a dicey one as Kibochi’s exit leaves Ruto in an intricate position from which— barring other considerations—he has to pick Lt-General Francis Ogolla to assume the leadership of the Kenya Defence Forces (KDF).

Ogolla, who is the Vice Chief of Defence  (VCDF) forces was mentioned in the Bomas events of the August 9, 2022 General-Election in which Ruto was elected the country’s 5th president.

The VCDF was among the top National Security Advisory Council (NSAC) officials who are claimed to have visited former polls chief Wafula Chebukati during the  elections to plead with commissioners to “moderate” the results in favour of the Azimio candidate Raila Odinga or force a run-off.

Terminal leave

Born on August 15, 1959, Kibochi turns 64 years on August 14, 2023 meaning that he is required to proceed on terminal leave on May 14, 2023 to pave the way for the appointment of his successor.

The National Defence Council which is tasked with recommending to the President the appointment of senior officers in the Kenya Defence Forces (KDF) and meets twice a year — March and September — did not have a sitting last month.

The NDC is chaired by the Minister for Defence, in this case former Garissa Town MP Aden Duale, and comprises the Chief of Defence Forces (CDF),  the three Service Commanders (Army, Air Force and Navy) and the Principal Secretary in the Ministry of Defence.

The President, as the Commander-in-Chief, has the prerogative to order for the NDC to convene a meeting to discuss any matter at hand, including the appointment of new officers.

KDF Act stipulates that a CDF and the three serving commanders of the Army, Kenya Air Force and Navy shall serve a single term of four years or retire upon attainment of the retirement age, whichever comes first.

The four-year term for Kibochi, who was appointed in May 2020, is supposed to come to an end in May next year, but given the fact that he turns 64 this year, the age factor takes precedence.

Rotation system

Security expert Dr Simiyu Werunga says he does not see any problem in Kibochi’s succession as Kenya’s military has remained highly professional and stickler to the Tonje Rules.

“Yes, there could be fears from some quarters, but Kenya’s military has remained professional and apolitical. Even if the political class decides to interfere, they do it in a more professional manner that will not be felt,” said the former military man.

A serving Brigadier who declined to be quoted due to the sensitivity of the matter told PD: “With Lieutenant Mohamed Badi, who was one of those being propped by the former system out of the way, President Ruto is left with two options; either appoint Lt-General Ogolla or send him to a foreign mission.”

Under the KDF Act, the President has powers to extend the CDF’s term if the country is in a period of political uncertainty or in the event of an emergency or war. The President is also mandated to retire or redeploy a sitting CDF or any of the three Service Commanders before expiry of their term.

Should the Tonje Rules prevail, then Ogolla, the second in command at DoD, is earmarked to take over the position. This is after Badi, who had until last year headed the Nairobi Metropolitan Services (NMS) was placed in a ‘Pool” after he exited City Hall.

The Tonje Rules, brought into place by retired Chief of Staff General Daudi Tonje, introduced a rotation system that gives equal chances to the three Services of the Kenya Defence Forces.: Army, Navy and Air Force, to lead the military.

It is on this premise that the President is expected to pick Kibochi’s successor from the Kenya Air Force since the outgoing CDF is drawn from the Kenya Army and succeeded General Samson Mwathethe from the Navy.

The Tonje Rules, which have properly steered peaceful appointments and transitions in KDF, also stipulate age limits upon which senior officers are to hang their boots unless promoted to the next rank. For Brigadiers, the maximum age limit is 57, Major-Generals 59, Lieutenant Generals, 61 and Generals, 62.

Tenure extended

Already, Kibochi has exceeded his tenure in office by two years since under the Tonje Rules, he was supposed to have exited the stage at 62. Retired General Julius Waweru Karangi served until the age of 64 after serving his full term by former President Uhuru Kenyatta.

If the Tonje Rules were strictly adhered to, Kibochi should have retired two years ago when he turned 62 years. General Mwathethe, whom General Kibochi succeeded, had his term extended by one year. It now remains to be seen whether the Tonje Rules will be adhered to when handling General Kibochi’s succession.

In documents filed at the Supreme Court of Kenya during the hearing of the presidential petition,  Chebukati claimed that some members of NSAC, among them Lt-General Ogolla, had attempted to coerce him to change the outcome of the poll.

Other members of the delegation included then Principal Administrative Secretary at the Office of President Kennedy Kihara, then Solicitor General Kennedy Ogeto and former Inspector General of Police Hillary Mutyambai.

 Chebukati claimed that prior to the arrival of the team, he had received a call from the Head of Public Service Joseph Kinyua informing him that he had sent a team that would like to discuss “assumption of office” matters.

Presidential results

But Kinyua, who was also the NSAC chairman, refuted the claims, insisting that the team only raised concerns over the delay in the announcement of presidential results, which had caused tension in the country.

Kinyua swore that he initiated the meeting between the NSAC team and the electoral commission, mainly to discuss security implications surrounding the transmission, tallying, verification and declaration of the results of the presidential election’.

Reliable sources within the military intimated to People Daily that the fallout between Ruto and Ogolla was sorted out at a lengthy peace-making meeting brokered by retired  Generals where those present felt that the latter may have been misused by his seniors when he was dispatched as part of the NSAC team to the polls team. In normal circumstances, it is the CDF who sits on the security council, meaning that it is Kibochi himself who should have gone to IEBC.

Observers say should Ruto still be uncomfortable with Ogolla,the high-ranking soldier could be appointed to a foreign mission to pave the way for the elevation of Major- Gen John Omenda to a Lieutenant General and VCDF, before being installed as the next General.

Another option for the President is to extend the tenure of Kibochi for one year, by which time Ogolla would have been retired under the 61-year rule for Lieutenant Generals. But the President also has a free hand to close his eyes on the Tonje Rules and consider elevating either Lt Gen Peter Mbogo Njiru (Kenya Army) or Maj-General Jimson Mutai (Kenya Navy) for subsequent appointment.

Since the creation of the position, only Lt-General Ken Opande, Lt-General Joseph Kasaon and Lt-Geneneral Levy Mghalu have not risen to become CDFs in circumstances that are largely blamed on political considerations.