Eng'iti
Elder Lister
“TONJE RULES” REVISITED.
One reaction to my last post on the appointment of Francis Omondi Ogolla as Kenya’s fourth Chief of Defence Forces (CDF) and shortlisting Nancy Onyango as the next Governor of the Central Bank of Kenya (CBK) absolutely piqued my interest.
The reaction invoked the eponymous “Tonje Rules,” named after General Daudi Tonje, Kenya’s fourth Chief of General Staff, to explain why the airman was appointed Kenya’s fourth Chief of Defense Forces.
Keyword searches in the 2010 Constitution of Kenya and Kenya Defence Forces Act (of 2012) using the two words “Tonje” and “Rules” yield nothing named or titled thus.
In short, “Tonje Rules” are not formalized or encoded in any statute, legislation, or law. As aptly characterized by a commenter, “Tonje Rules” is a gentleman’s agreement.
Daily Nation’s Mary Wambui writes this of the “Tonje Rules”:
“*[T]he position of CDF rotates among the three services (navy, army and air force) in what is commonly referred to as the Tonje Rules – in honour of Gen Daudi Tonje, who came up with them. The rules state that the position holder serves a period of one term (four years) with a possible extension of one year at the pleasure of the commander in chief*.”
Additional research reveals that among the reforms Tonje instituted were those against sexism and against discrimination. Tonje permitted women soldiers to head military units and marry. He abolished indefinite term limits for the Chief of General Staff position, later renamed Chief of Defense Forces (CDF). He declared that the CDF can only serve one four (4) year term, and retired military officers, previously forced to queue up for their salaries, were now paid via bank deposits.
To be clear, equality and freedom from discrimination were subsequently codified in the Defense Act and the Constitution but not to the point of dictating to the Commander-in-Chief who to appoint to positions such as the CDF, as some commenters intimated.
Full Disclosure: I am not a lawyer, but my lay reading and understanding of the legalese surrounding appointment of the CDF indicates that the process is codified in the KDF Act and details who appoints the Chief of Defense Forces.
§9 Part 2(a) states that the Commander-in-Chief of the Defence Forces, i.e., the President of Kenya, i.e., William S. Ruto, “*shall appoint the Chief of the Defence Forces, Vice Chief of the Defence Forces and the three Service Commanders*.”
The 308-paged Act has additional language, i.e., “Kizungu Mingi,” including a now-proven meaningless guardrail – that appointment of the CDF shall “*reflect the regional and ethnic diversity of the people of Kenya*” (Part 4), a reprise of Article 27 of the Constitution.
§23 Part 1 of the KDF Act points out that appointment of the CDF shall be “*on the recommendation*” of the Defense Council (DC). If there is one thing I have learned interpreting state, federal, and international regulations and regulatory standards for medical device start-ups as a quality systems and operations SME, it is the importance of the expression “*shall recommend*” or “*on the recommendation of*.” One can reject the recommendation of a body, agency, or their agent.
The president is not bound by the Defense Council’s recommendation – again, as some want to believe.
Interestingly, Wambui (DN) writes that the incoming CDF was “*adversely mentioned*” by the country’s electoral body IEBC as “*being part of a delegation from the National Security Advisory Council…..that allegedly attempted to influence the (2022) presidential results*” in favor of President William Ruto’s opponent Raila Odinga. If there ever was a reason for Ruto to reject the Defence Council’s recommendation re: appointment of Francis Ogolla as the next CDF, the preceding would be one such reason.
William Ruto did not reject Ogolla’s nomination, NOT because of “Tonje Rules,” but because he is not bound by the recommendation of the DC.
One reaction to my last post on the appointment of Francis Omondi Ogolla as Kenya’s fourth Chief of Defence Forces (CDF) and shortlisting Nancy Onyango as the next Governor of the Central Bank of Kenya (CBK) absolutely piqued my interest.
The reaction invoked the eponymous “Tonje Rules,” named after General Daudi Tonje, Kenya’s fourth Chief of General Staff, to explain why the airman was appointed Kenya’s fourth Chief of Defense Forces.
Keyword searches in the 2010 Constitution of Kenya and Kenya Defence Forces Act (of 2012) using the two words “Tonje” and “Rules” yield nothing named or titled thus.
In short, “Tonje Rules” are not formalized or encoded in any statute, legislation, or law. As aptly characterized by a commenter, “Tonje Rules” is a gentleman’s agreement.
Daily Nation’s Mary Wambui writes this of the “Tonje Rules”:
“*[T]he position of CDF rotates among the three services (navy, army and air force) in what is commonly referred to as the Tonje Rules – in honour of Gen Daudi Tonje, who came up with them. The rules state that the position holder serves a period of one term (four years) with a possible extension of one year at the pleasure of the commander in chief*.”
Additional research reveals that among the reforms Tonje instituted were those against sexism and against discrimination. Tonje permitted women soldiers to head military units and marry. He abolished indefinite term limits for the Chief of General Staff position, later renamed Chief of Defense Forces (CDF). He declared that the CDF can only serve one four (4) year term, and retired military officers, previously forced to queue up for their salaries, were now paid via bank deposits.
To be clear, equality and freedom from discrimination were subsequently codified in the Defense Act and the Constitution but not to the point of dictating to the Commander-in-Chief who to appoint to positions such as the CDF, as some commenters intimated.
Full Disclosure: I am not a lawyer, but my lay reading and understanding of the legalese surrounding appointment of the CDF indicates that the process is codified in the KDF Act and details who appoints the Chief of Defense Forces.
§9 Part 2(a) states that the Commander-in-Chief of the Defence Forces, i.e., the President of Kenya, i.e., William S. Ruto, “*shall appoint the Chief of the Defence Forces, Vice Chief of the Defence Forces and the three Service Commanders*.”
The 308-paged Act has additional language, i.e., “Kizungu Mingi,” including a now-proven meaningless guardrail – that appointment of the CDF shall “*reflect the regional and ethnic diversity of the people of Kenya*” (Part 4), a reprise of Article 27 of the Constitution.
§23 Part 1 of the KDF Act points out that appointment of the CDF shall be “*on the recommendation*” of the Defense Council (DC). If there is one thing I have learned interpreting state, federal, and international regulations and regulatory standards for medical device start-ups as a quality systems and operations SME, it is the importance of the expression “*shall recommend*” or “*on the recommendation of*.” One can reject the recommendation of a body, agency, or their agent.
The president is not bound by the Defense Council’s recommendation – again, as some want to believe.
Interestingly, Wambui (DN) writes that the incoming CDF was “*adversely mentioned*” by the country’s electoral body IEBC as “*being part of a delegation from the National Security Advisory Council…..that allegedly attempted to influence the (2022) presidential results*” in favor of President William Ruto’s opponent Raila Odinga. If there ever was a reason for Ruto to reject the Defence Council’s recommendation re: appointment of Francis Ogolla as the next CDF, the preceding would be one such reason.
William Ruto did not reject Ogolla’s nomination, NOT because of “Tonje Rules,” but because he is not bound by the recommendation of the DC.
