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116-690: Following the Referendum of 2010 and the promulgation of the Constitution of Kenya , Kuria District became part of Migori County which is under the leadership of Governor Ochilo G. M. Ayacko. and his deputy, Joseph Gimunta Mahiri. Kuria District was split into two in December 2007, Kuria West District with Kehancha as the district capital and Kuria East District with Kegonga as the district capital. Kuria West covers three administrative divisions namely Kehancha, Mabera and Masaba Divisions while Kuria East spans

232-594: A ceremony on December 31, in which Odinga would be declared the "people's president", but police said that this could incite violence and that Odinga could be arrested if the ceremony occurred. Odinga then delayed this, but called for a million-strong rally on January 3, 2008 and for his supporters to wear black armbands as a show of mourning. Odinga said that the ODM would not negotiate with Kibaki unless he resigned, because to do so would, according to Odinga, mean acknowledging Kibaki's legitimacy; he also said that, unless stopped,

348-504: A compromise and a solution to the dispute, and Frazer also said that the US could not conduct "business as usual in Kenya" under the circumstances, saying that Kibaki and Odinga should meet in person, "without preconditions", and that both sides "should acknowledge serious irregularities in the vote tallying which made it impossible to determine with certainty the final result". In addition, she called for

464-453: A constitution alone will not generate the desired changes; what matters is how the constitutional commitments are translated into policy and practice. 2007%E2%80%932008 Kenyan crisis Mwai Kibaki Raila Odinga The 2007–2008 Kenyan crisis was a violent political, economic, and humanitarian crisis in Kenya . The crisis erupted after incumbent President Mwai Kibaki was declared

580-466: A government ban, and he accused the government of being directly responsible for "genocide". Electoral Commission Chairman Kivuitu said on January 1, that he had been pressured by the PNU and ODM-Kenya to announce results immediately, despite the urgings of Western ambassadors to delay the results so that concerns about irregularities could be addressed. On January 3, opposition supporters attempted to gather for

696-559: A head of government with executive powers. Nyongo said that he thought an agreement would be reached by the next day. On February 21, East African Community Secretary-General Juma Mwapachu said that the crisis was having a negative effect on the regional economy. Speaking in Nairobi on February 22, newly elected Chairman of the African Union Commission Jean Ping said it was hoped that an agreement would be reached by

812-628: A leading figure in the ODM, denounced Kibaki's announcement as being intended only to sabotage mediation with Kufuor. The Daily Nation said that Kibaki's move would "be seen as a sign of bad faith" and that it could "poison the atmosphere". U.S. State Department spokesman Sean McCormack said that it appeared Kibaki was setting up a fait accompli , that the U.S. was "disappointed" by the move, and that it had "expressed its displeasure". On January 9, Kufuor met separately with Kibaki and Odinga. Government statements on that day emphasized Kibaki's commitment to dialogue and said that he had "already initiated

928-531: A list of persons to be appointed as judges by the president (this article will be enforced after the transitional period). The commission will consist of the following: Devolution to the county governments will only be autonomous in implementation of distinct functions as listed in the Fourth Schedule (Part 2). This is in contrast with the Federal System in which Sovereignty is Constitutionally divided between

1044-526: A meeting of foreign ministers from the countries of the East African Intergovernmental Authority on Development (IGAD) in Kenya, Nyongo said that the ODM would hold protests if the meeting went ahead, believing that the meeting would be a means to legitimize Kibaki's government. Annan was critical of this threat, saying that "provocative statements outside negotiations" were supposed to be avoided. The government subsequently said that

1160-782: A mortuary in Kisumu , which was the opposition's main base. A witness also told them that armed police shot protesters at a rally. There were running battles in the Nairobi slums. The local KTN television station said that 124 people died nationwide in the first two days of unrest. On December 31, 2007, police reported that 40 people were killed in Nairobi and 53 in Kisumu, a major support base for Odinga. Four bodies were discovered in Mathare , in Nairobi, seven people were killed in Nakuru , and four people found dead in

1276-567: A new Cabinet on January 8, saying that the rest of the Cabinet would be appointed later. The Cabinet included the ODM-K's Kalonzo Musyoka as vice-president and Minister of Home Affairs and KANU's Uhuru Kenyatta as Minister of Local Government. Announcing these appointments, Kibaki said: "I have considered the importance of keeping the country united, peaceful and prosperous and a strong broad-based leadership." The ODM's Nyongo said that this Cabinet, in which

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1392-407: A new presidential election to be held within three months, with a new electoral commission and the same voter register. The alternative possibility of a transitional coalition government, in which a new position of Prime Minister would be created for Odinga and Kibaki's power would be reduced, was something Odinga said he could consider, although it was not the option he preferred. Opposing plans for

1508-577: A no-confidence vote in the National Assembly. Kibaki said that he would reconvene the National Assembly on March 6, so that it could make the constitutional changes needed in order to implement the agreement. Annan left Kenya on March 2, leaving Oluyemi Adeniji , a former Nigerian Foreign Minister, to lead talks on remaining issues, such as land, political reforms, and the uneven distribution of wealth between various ethnic groups. On 3, March 13, people were killed in an attack near Mount Elgon that

1624-436: A number of proposed amendments to Kenya's constitution. Promoted by Kenyatta and Odinga as a way to resolve factional tensions in the nation—improving inclusion and ending Kenya's winner-take-all elections (often followed by deadly violence)—the amendments sought to: Critics alleged the effort was unnecessary, and was a selfish attempt to reward political dynasties, and weaken Deputy President William Ruto (Odinga's rival for

1740-582: A population of 93,229 at the 2009 census. Both Mathias and Kitayama won their seats under the United Democratic Alliance party ticket (UDA). Kuria District is divided into five administrative divisions: 0°30′S 34°30′E  /  0.500°S 34.500°E  / -0.500; 34.500 Constitution of Kenya The Constitution of Kenya is the supreme law of the Republic of Kenya . There have been three significant versions of

1856-539: A power-sharing deal was out of the question, and that the only possibilities acceptable to him were that Kibaki resign or that a new election be held. Responding to a claim by Human Rights Watch that ODM leaders were orchestrating violence, he said that the people were reacting spontaneously. As violence continued in the Rift Valley, Annan asked both sides to designate negotiators by January 29. Meanwhile, serious violence broke out in Nakuru on January 24–25, apparently as

1972-542: A powerful presidency; and reducing the protections of the bill of rights. Further amendments to the 1969 constitution were later effected, including, in 1982, the institution of a de jure single party government. The demand for a new constitution to replace the 1969 text with a more democratic system began in the early 1990s, with the end of the Cold War and democratic changes taking place elsewhere in Africa. The single party system

2088-494: A press conference on the morning of December 30, Odinga accused the government of fraud, urged Kibaki to concede defeat, and called for a recount. He said that the ODM would not take the matter to the courts claiming that the courts were controlled by Kibaki. The Electoral Commission declared Kibaki the winner on December 30, placing him ahead of Odinga by about 232,000 votes. According to Odinga, as many as 300,000 votes for Kibaki were falsely included in his total. The Chairman of

2204-491: A process of dialogue with other Kenyan leaders". Kibaki also gave a speech in which he said that the vote was concluded, that it was impossible to change the outcome, and that any complaints should be handled through the courts. The two sides agreed to "an immediate cessation of violence as well as any acts which may be detrimental to finding a peaceful solution to the ongoing crisis", but the talks otherwise failed when, according to Nyongo, Kibaki refused to sign an agreement (which

2320-958: A reaction to Kibaki describing himself as the "duly elected president" after meeting in person with Odinga. Kikuyus were attacked and a number of buildings were set on fire, along with Nakuru's only fire engine; at least 12 deaths were reported. Another town, Total Station , was half-destroyed in violence between Kikuyus and Kalenjin, with at least two deaths reported, and as many as 50,000 people fled from violence near Molo. By January 27, at least 55 people had been killed in Nakuru, along with at least five in Kaptembwa and Sewage, two slums near Nakuru, while at least nine deaths were reported in Naivasha , where Kikuyus set Luo homes on fire. By January 28, at least 64 people had been killed in Nakuru and at least 22 in Naivasha; 19 of

2436-461: A result of international concern for the worsening situation in Kenya). PNU members of parliament, newly appointed cabinet ministers and even the government spokesman, Dr Alfred Mutua, are known to have said Kufuor "was coming to take tea", and not to "negotiate with the warring factions regarding the elections"; this was captured both on TV and print media. In addition, the PNU side was actively downplaying

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2552-549: A revised draft was presented to the Parliamentary Committee on 8 January 2010. The Parliamentary Select Committee (PSC) revised the draft and returned the draft to the Committee of Experts who published a Proposed Constitution on 23 February 2010 that was presented to Parliament for final amendments if necessary. After failing to incorporate over 150 amendments to the proposed constitution, parliament unanimously approved

2668-557: A role to play in the County level by performing all the other functions that are not assigned to the County Government as listed on the Fourth Schedule (Part 1). The new constitution makes important reforms to the previous framework on citizenship, in particular by ending gender discrimination in relation to the right of a woman to pass citizenship to her children or spouse; by ending the prohibition on dual citizenship; and by restricting

2784-432: A second time shortly afterward, Odinga's spokesman said that the ODM would not demand that Kibaki resign or admit defeat if he accepted an international mediator. At about the same time, while violence continued, it was reported to be decreasing in Nairobi. On January 6, Odinga called for rallies to be held on January 8, despite the government's insistence that the rallies would be illegal. Odinga's spokesman said that while

2900-421: A secret location, with Annan requesting a "complete news blackout" and asking participants in the talks to not disclose what was under discussion. Ruto said that the ODM had proposed forming a government in which the two sides would share power for two years before a new election. Although Annan suggested that the two sides had agreed to a two-year power-sharing transitional government, the government objected, with

3016-439: A solution. Rice met with Kibaki, Odinga, and Annan, and she emphasized the importance of reaching a settlement, saying that one should have already been in place; however, she also said that the U.S. was not trying to "dictate a solution to Kenyans". On February 19, Kibaki said that, while he was willing to share power in the government, an agreement should be made in the context of the existing constitution. Nyongo then called for

3132-419: A village near Kapsabet . Early results tallied indicated that Odinga held a strong lead on December 28, the day after the election, and the ODM declared victory for Odinga on December 29; however, as more results were announced on the same day, the gap between the two candidates narrowed, and with almost 90% of the votes counted (180 out of 210 constituencies), Odinga's lead shrank to only 38,000 votes. At

3248-596: Is dealt with under Article 191 where National legislation will in some cases override County legislation. The relationship between the National Government and the Counties can be seen as that of a Principal and a limited autonomy Agent as opposed to an Agent and Agent relation in the Federal System. More checks and balances have been introduced as requirements for accountability of both levels of government. The Parliament( Senate and National Assembly) has much discretion on

3364-476: Is illegal. The education curriculum includes religious education syllabus for both Christianity and Islam. Following the contentious 2017 presidential election (initially ruled illegal by the Supreme Court, which forced President-elect Kenyatta into a re-run), the two leading contenders—rivals Uhuru Kenyatta (who won election) and Raila Odinga —proposed a "Building Bridges Initiative" (BBI), which consisted of

3480-656: Is respected and properly implemented." Canadian Foreign Affairs Minister Lawrence Cannon stated: "On behalf of the Government of Canada , I wish to congratulate Kenya on the adoption of its new constitution. This is a significant achievement and an important moment in Kenya's history. We welcome the leadership shown by President Mwai Kibaki and Prime Minister Raila Amolo Odinga within the Grand Coalition Government in bringing Kenyans together to tackle their future and make progress through dialogue, and in implementing

3596-652: The Orange Democratic Movement disagreed on many points. the greatest discrepancy in opinion was over the nature of the executive branch of the government. The economic interest represented by the Kenya Private Sector Alliance (KEPSA), openly opposed the new style of government. Eventually the contentious issue of the position of Prime Minister was removed. The remaining contentious issues primarily concern abortion , Kadhi courts and land reform. Mainstream Christian leaders in Kenya object to

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3712-406: The formation of a national unity government, saying that the situation was "quickly degenerating into a catastrophe of unimaginable proportions". Finance Minister Amos Kimunya said that if the ODM did not allege fraud, that would make it easier for the two sides to talk; Kimunya also said that the government wanted to mediate through Kenyan elders and did not want international mediation involving

3828-480: The "ruling clique" could rig the next election in five years as well, and that he was not afraid of being arrested, having been jailed many times in the past. For his part, Kibaki emphasized the importance of peace, stability, and tolerance in his 2008 New Year's message, speaking of the election as a concluded event and warning that law-breakers would be punished. Odinga said that the million-strong rally in his support planned for January 3 would take place in spite of

3944-422: The 1963 independence constitution was replaced with a new text that entrenched amendments already made to the system of government that the independence constitution had contemplated. These changes included: changing the structure of the state from a federal, or Majimbo system, to a unitary system; creating a unicameral instead of bicameral legislature; changing from a parliamentary to a presidential system with

4060-612: The African Union. KANU's Uhuru Kenyatta said that it might be possible for the two sides to work together, but that the ODM's position that Kibaki should resign before any talks took place was unacceptable, because then there would be "no government". On January 4, ODM Secretary-General Anyang Nyongo called for a new presidential election to be held, without the involvement of the Electoral Commission. Government spokesman Alfred Mutua said that this would be possible only if it

4176-500: The Electoral Commission, Samuel Kivuitu, said that while irregularities affecting the entire exercise did occur, they were a matter for the courts, not the Electoral Commission. Supporters of Kibaki, meanwhile, said that discrepancies had actually worked in Odinga's favor, arguing that discrepancies between polling station tallies and Electoral Commission results meant that Odinga had gained 53,000 votes while Kibaki had lost 106,000. Following

4292-550: The Federal government and the States. The Kenyan Devolution system still maintains a Unitary Political Concept as a result of distribution of functions between the two levels of government under the Fourth schedule and also as result of Article 192 which gives the president the power to suspend a county government under certain conditions. A conflict of laws between the two levels of government

4408-506: The Harmonized draft constitution of Kenya written by the Committee of Experts initially released to the public on 17 November 2009 so that the public could debate the document and then parliament could decide whether to subject it to a referendum in June 2010. The public was given 30 days to scrutinize the draft and forward proposals and amendments to their respective members of parliament, after which

4524-448: The House of Commons". Annan arrived in Kenya on January 22. On January 23, the ODM held a memorial service in Nairobi for victims of the violence, at which Odinga said that tribes should not fight because "this is a war between the people of Kenya and a very small bloodthirsty clique clinging to power". Meanwhile, police fired tear gas at some of his supporters outside; some tear gas affected

4640-535: The Justice Minister, Martha Karua, saying that this suggestion had misrepresented and undermined the government's position. On February 13, the mediators said in a statement that Annan had only expressed his own perspective and that he had not meant to suggest that the two sides had formally agreed on the proposal. As talks adjourned on February 14, scheduled to resume the following week, government negotiator Kilonzo said that an agreement had been reached to restart

4756-608: The Kenyan High Court. In May, 2021, the Kenyan High Court blocked the BBI plan, declaring it irregular, illegal and unconstitutional. The court ruled that the Kenyatta was not eligible to undertake such an amendment process because he was not simply an ordinary citizen—the only people authorized by the constitution to undertake such an effort. The court further chastised President Kenyatta, saying that his BBI constitutional committee

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4872-530: The National Assembly as well as the parliamentary leader of the party or coalition holding a majority of seats in the National Assembly. The agreement also provided for two Deputy Prime Ministers, one for each of the two parties, while the allotment of Cabinet portfolios was to reflect the relative strength of the respective parties in the National Assembly. The Prime Minister and the Deputy Prime Ministers can only be removed from their positions if they lose

4988-431: The National Assembly before beginning talks, Annan called for an end to the "downward spiral into chaos that is threatening this beautiful country." The talks then began, although they were delayed by 90 minutes due to disputed seating arrangements. Annan said that resolution of short-term issues might occur in four weeks, although he thought deeper talks might continue for a year. Another ODM MP, David Kimutai Too ,

5104-429: The National Assembly on February 12, Annan said that both sides in the talks had agreed to set up "an independent review committee that will be mandated to investigate all aspects of the 2007 presidential election". He also said that both sides in the National Assembly would have to work together to pass legislation needed to resolve the crisis. On the same day, as talks approached a potential agreement, talks were moved to

5220-419: The National Assembly to be summoned within a week "to enact the necessary changes in the constitution to implement these mediation proposals", warning that the ODM would otherwise resume protests. On February 21, Mutula Kilonzo said that the government side had accepted "the creation of the post of a non-executive prime minister with substantial responsibilities", but the opposition wanted the prime minister to be

5336-463: The ODM ruled out a government of national unity, it could discuss "a coalition government with genuine power sharing" (which it said would leave less power for Kibaki than would be the case in a national unity government) or establishing an interim government to hold a new election. Odinga subsequently cancelled the rallies planned for January 8, saying that the mediation process, facilitated by Ghanaian President and African Union Chairman John Kufuor ,

5452-462: The ODM was not included, was illegitimate because Kibaki did not win the election. Renewed outbreaks of violence were reported following Kibaki's announcement. With almost half of the Cabinet yet to be named, it was suggested that Kibaki intended to leave the remaining ministries open so that they would be available for the ODM following the negotiations; however, it was also noted that the most important ministries were already filled. Musalia Mudavadi ,

5568-442: The Rift Valley followed the protests. On January 21, Minister of State for Internal Security George Saitoti warned against further protests, saying that they would only be "an opportunity for criminals to loot and commit other crimes" and that "illegal acts will be dealt with accordingly". The government also said in reference to the opposition's planned boycott that it was illegal to "sabotage" businesses. The businesses targeted for

5684-628: The Rift Valley region had resulted in violence in several previous Kenyan elections, most notably in the 1992 Kenyan Elections . This issue prompted the Kikuyu to start defending themselves which forced the Luos and Kalenjins to stop the killings of the Kikuyus. In Mombasa, the Kenyan coastal residents took to the streets to protest the electoral manipulations and support their preferred candidate, Odinga. Tensions rose as

5800-580: The Rift Valley. Former UN Secretary General Kofi Annan arrived in the country about a month after the election and successfully brought the two sides to the negotiating table. On February 28, 2008, Kibaki and Odinga signed a power-sharing agreement called the National Accord and Reconciliation Act 2008 , which established the office of the Prime Minister and created a coalition government . The power-sharing Cabinet, headed by Odinga as Prime Minister,

5916-438: The agreement was to be known as the National Accord and Reconciliation Act . The two leaders agreed to form a coalition government , with Odinga set to receive the new position of Prime Minister, in which capacity he was to "coordinate and supervise government affairs"; it remained unclear whether, as Prime Minister, he could still be overruled by Kibaki. According to the agreement, the Prime Minister must be an elected member of

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6032-521: The boycott included Equity Bank, Brookside Dairies , CityHoppa, and Kenya Bus; it was speculated that the boycott would not have a substantial impact and that many Kenyans would find it too impractical to observe. Foreign Minister Moses Wetangula , in reaction to criticism from the United Kingdom, summoned the UK's High Commissioner to complain, and he said that "our elections don't need a stamp of authority from

6148-640: The budgetary allocations to the County Governments. Every Five years the Senate receives recommendations from the Commission of Revenue Allocation (Article 217) and a resolution is passed on the criteria for Revenue allocation. The National Government is constitutionally barred from intruding wilfully with the county government role and function under the Fourth Schedule. Exceptions may require parliamentary approval (Article 191 and 192). The National Government has

6264-509: The changes). The review of the Constitution stalled and negotiations over the adoption of a new text seemed deadlocked. A deadlock only finally broken by the intervention of the African Union through a mediation team headed by Kofi Annan , following the outbreak of serious post-election violence in early 2008. The Constitution of Kenya was the final document resulting from the revision of

6380-455: The commission's declaration of Kibaki as victor, tribe-based rioting and violence, primarily directed against Kikuyus, broke out across Kenya, and the government suspended live television coverage for some days. Odinga alleged that "a clique of people around Kibaki" sought to rig the election, but said that democracy "is unstoppable like the flow of the Nile". The ODM announced its intention to hold

6496-481: The commission's declaration of his victory, Kibaki was promptly sworn in for his second term late in the evening on the same day, calling for the "verdict of the people" to be respected and for "healing and reconciliation" to begin. Kivuitu said that there were some problems in the vote counting, noting that in one constituency the reported turnout rate was 115%. According to the European Union 's head observer in

6612-615: The constitution A three Judge Bench of the High Court has since, in a landmark ruling of a case filed six years ago, declared the inclusion of the Kadhi court illegal and against the principles of non-discrimination, separation of religion and state and constitutionalism. A section of the Muslim leadership vowed to retaliate the ruling by seeking their own judicial declaration that the teaching of Christian religious Education in public school curriculum

6728-527: The constitution, with the most recent redraft being enabled in 2010. The constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 August 2010. The new Constitution was approved by 67% of Kenyan voters. The constitution was promulgated on 27 August 2010. Constitutional reforms involving wholly new texts since gaining independence: in 1969 and in 2010. In 1969,

6844-448: The deaths in Naivasha occurred when Kikuyus set fire to a place where Luos had fled for safety. ODM chairperson Henry Kosgei accused the government of facilitating the killing in Nakuru by imposing a curfew, which he said was used "to keep some groups indoors to be killed", on January 28. Mugabe Were , an ODM Member of Parliament, was shot and killed early on January 29, 2008. Renewed protests and violence followed his death. Addressing

6960-514: The dispute through negotiations, the United States imposed a travel ban on ten unnamed Kenyans (a move that was praised by Kibaki's government), and a policeman, Edward Kirui, was arrested for allegedly shooting two protesters to death in Kisumu on January 16. Progress in the talks was reported on February 8, with Annan saying that both sides had agreed on the need for a political settlement and that he hoped talks on point three (the resolution of

7076-459: The election was to be established by March 15, with a report to follow within three to six months. U.S. Secretary of State Condoleezza Rice arrived in Kenya to support the talks on February 18. Meanwhile, Foreign Minister Wetangula said that help was welcome but he stressed that ultimately the problem had to be solved by Kenyans and that no one should make the "mistake of putting a gun to anybody's head and saying 'either/or'" in an attempt to force

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7192-506: The election, Alexander Graf Lambsdorff, the election was "flawed" and the Electoral Commission failed to establish "the credibility of the tallying process to the satisfaction of all parties and candidates"; he said that in some places EU observers were not allowed to see vote tallies until the Electoral Commission announced them: "the whole point...is to verify that the results are the same". The United Kingdom's Foreign Secretary, David Miliband , said that his country had "real concerns" about

7308-430: The election. He wrote, 'In all cases the margin of victory for either side is slim and ultimately unknowable'. The telex also noted that there was 'evidence of rigging on both sides' and Kivuitu said on January 2, that he had been pressured by PNU and ODM-K (Kibaki's and Kalonzo Musyoka 's parties) into announcing the results without delay, and he claimed that he did not personally know who really won. Within minutes of

7424-620: The election. While the United States initially congratulated Kibaki and called for the results to be respected, it also expressed concern, and on January 2, 2008, a spokesman for the U.S. State Department declined to confirm U.S. recognition of Kibaki's victory. In a telex from then US Embassy in Nairobi to the State Department in Washington DC [released in July 2012], US Ambassador Michael Ranneberger set out five scenarios as to who really won

7540-413: The elections despite announcing the incumbent as president. In part due to the ethnic and geographic diversity of Kenyan politics, no singular narrative can explain the reaction of opposition supporters to the announcement of Kibaki's swearing-in, which was done on December 30, 2007, in the evening. The opposition announced a mass protest against the official results, and the violence was largely stoked by

7656-513: The first three of these four points could be resolved within seven to 15 days, and he said that an agreement had been reached on 18 measures to end the violence, including the demobilization of gangs and ceasing speeches and text messages that incite hatred and violence. Violence nevertheless continued; on the next day at least 20 people were reported to have been killed since the agreement. On February 3, Odinga called for African Union peacekeepers to be sent to Kenya. South Africa's Cyril Ramaphosa

7772-411: The government alone should appoint the members of the commission. Museveni was also said to have proposed a power-sharing deal, which was rejected by the government on the grounds that it was unwilling to share power with the ODM due to the latter's alleged responsibility for the killing of innocent people. Annan also met with Odinga, and the latter agreed to cancel the protests that were to have been held

7888-456: The government side wanted Kibaki to retain strong executive powers, while the opposition wanted Odinga to have extensive powers in a new position of Prime Minister. According to Annan, they were about to take "the last difficult and frightening step" to conclude a deal, and he said that he intended to remain in Kenya until a new government was in place, by which time he thought the process would be "irreversible". The commission charged with reviewing

8004-473: The government would not be swayed by the threats of development partners to withdraw aid. A train was looted in Kibera by residents due to shortages caused by the crisis. Odinga alleged that police killed seven people in Nairobi, while the police spokesman, Eric Kiraithe, said that the police were acting lawfully and were showing restraint because the protesters were being "used by politicians". The ODM said that after

8120-473: The grounds on which citizenship may be taken away. The text has been criticised, however, for not providing sufficient protections against statelessness for children or adults. After the draft of the constitution was released the type of government which would be implemented with the constitution was a debate amongst the various government coalitions. The two major political parties, the Party of National Unity and

8236-478: The killing. UN Secretary-General Ban Ki-moon arrived in Kenya for a visit to assist the talks on February 1. During the same day, Annan announced that the two rival leaders had agreed on an agenda for peace talks, which included both short-term and long-term goals. The talks would last a month and would include the topics of ending the violence, the humanitarian situation, resolving the political crisis, and land and historical injustices. Annan said that he believed

8352-476: The landless indigenous Coastal communities felt this was a time to avenge the grabbing of their land by mainly up–country Kikuyu. Looters also struck a number of stores in Mombasa. The slums of Nairobi saw some of the worst violence, some of it ethnically motivated, some expression of outrage at extreme poverty, and some the actions of criminal gangs. The violence continued sporadically for several months, particularly in

8468-525: The last day of protest on January 18, it would focus on boycotting companies controlled by Kibaki's allies. By January 18, at least 22 people were reported to have been killed in the three-day protests, with the last day seeing the most deaths. The protests were considered to be substantially diminished in strength compared to those in late December. On January 19, despite the ODM's earlier announcement that it would cease protests, it said that protests would resume on January 24. Further violence in Nairobi and

8584-458: The legislation required to implement the power-sharing agreement; he said that the people were watching and that they wanted to see "pragmatic solutions, not ideological posturing". He named four bills that the National Assembly needed to pass: the National Accord and Reconciliation Bill, a bill amending the constitution, a bill establishing the truth, justice and reconciliation commission , and

8700-420: The lifting of the bans on live television coverage and rallies. Roads and Public Works Minister John Michuki said on January 14, that Annan was not coming at the government's invitation and reiterated the claim that Kibaki won the election. EU Development Commissioner Louis Michel said on the same day that EU aid to Kenya could be reduced as a result of the election. Parliament opened on January 15, and Annan

8816-468: The location of the conference that adopted it). However, substantial amendments were nonetheless made to this draft prior to a referendum in 2005, resulting in a split in the then ruling coalition. The Liberal Democratic Party faction of the government, led by Raila Odinga , and supported by KANU led a successful 'No' vote against the amended Bomas Draft (called the Wako draft after the alleged mastermind of

8932-515: The meeting would not officially be considered an IGAD meeting, and the ODM called off the protests on February 6. On February 7, the two sides remained deeply divided in talks, although they agreed that there should not be a recount of votes. Annan said that he was "totally opposed to a re-election in this climate", referring to the persistent violence. Meanwhile, the United Nations Security Council called for peaceful resolution of

9048-424: The mourning service, dispersing it. The state-owned telecommunications building was attacked and set on fire. On the same day, Kibaki and Odinga met separately with Ugandan President Yoweri Museveni , and according to Museveni's press secretary an agreement was reached in principle to establish a judicial commission that would investigate the accusations of vote rigging; however, the two sides disagreed as to whether

9164-428: The next day. Kibaki and Odinga met for the first time since the crisis began on January 24, together with Annan. Annan called the meeting "very encouraging", saying that it represented "the first steps towards a peaceful solution of the problem". Kibaki and Odinga both said after the meeting that they were working towards a solution and urged the people to be peaceful. On January 25, Odinga said in an interview that

9280-450: The next presidency) — which would produce an over-sized government that debt-laden Kenya could not afford. Kenyatta created a BBI constitutional committee to present the BBI as a popular initiative , allegedly started by ordinary citizens, as allowed by the Kenyan constitution. A BBI task force gathered five million signatures in support of the proposal. The BBI was reportedly a matter of great political importance to both Kenyatta (who

9396-611: The next week. An impasse was reached on February 25, 2008. While both parties agreed to the creation of the post of prime minister, they disagreed about the powers the newly created post should have, over government posts and over a possible election in case the coalition should split. Annan declared the talks suspended on February 26, saying that they had "not broken down" but that the leaders needed to "become directly engaged in these talks". Mutula Kilonzo said that media reports of supposed deals had caused problems and complained of unfair pressure. The ODM's Mudavadi expressed frustration at

9512-419: The part of Kibaki and his team, and they preempted their bias against the talks between President Kibaki (and his PNU side) and Raila (and his ODM side). There were also indications that PNU did not want the discussion to be mediated by an outsider. Odinga refused to accept Kibaki's offer to hold talks unless they took place as part of international mediation, saying that without having Kufuor present to mediate

9628-462: The planned rally in Uhuru Park , but police fought them off with tear gas and water cannons. Another attempt to hold the rally was planned for January 4. Also on January 3, Kibaki said that he was willing to engage in dialogue "once the country is calm", and he described the continuing violence as "senseless", while Attorney General Amos Wako called for a recount, an investigation into the election, and

9744-487: The police. Raila Odinga encouraged supporters to engage in mass protests which he announced on local television and radio stations, most noticeably in Mombasa , Eldoret , Kericho , Kisumu , Nakuru and parts of Nairobi . Police shot hundreds of violent demonstrators, including a few in front of TV news cameras, causing more violence to erupt. Targeted ethnic violence (as opposed to violent protests) escalated and at first

9860-470: The political crisis) could be concluded early in the next week. The ODM's William Ruto said that although there was progress, a solution had still not been reached, and he denied that a national unity government had been agreed upon; Mutula Kilonzo, a negotiator for the government, reported "excellent" progress. Saitoti, the Internal Security Minister, announced the end of the ban on rallies on

9976-411: The process of writing a new constitution after it had stalled following the failure of the 2005 constitutional referendum. On February 15, Annan said that the two sides had agreed to a range of reforms, including the improvement of electoral laws and human rights, as well as a review of the constitution, although they had yet to agree upon the composition of a power-sharing government. It was reported that

10092-412: The proposed constitution on 1 April 2010. The proposed constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 August 2010. The new Constitution was approved by 67% of Kenyan voters. The key changes proposed by the new constitution released are in the following areas: Gains achieved The executive at

10208-548: The protesters, along with tear gas. Odinga, in an interview with BBC's HARDtalk , responded to Justice Minister Martha Karua 's earlier claim that the ODM had planned "ethnic cleansing" by saying that her accusation was "outrageous" and that the violence perpetrated by his supporters was a reaction to the actions of the police, who he said had been ordered to shoot "members of certain ethnic communities". The protests continued on January 17, with police continuing to use force against them. Government spokesman Alfred Mutua said that

10324-483: The reform. Non-profits concerned with civil society and other reforms also praised the approach. For example, the Africa director for the International Foundation for Electoral Systems said that "The fact that they are bringing in stakeholders to lend their voice and make recommendations will strengthen civil society because they will keep a close eye on the process and, if it is passed, will ensure that it

10440-611: The reforms set out in the country's Kenya's 2007–2008 election violence and should reaffirm its complete cooperation and commitment to the ICC.". Researchers at the UK-based Overseas Development Institute have praised the 2010 Constitution as a positive step forwards in terms of securing greater equity for women and children in Kenya, highlighting "A new narrative for social justice " and "Institutional reforms to strengthen accountability ". However, they stress that

10556-411: The same day due to improved security, but said that rallies must be held only for peaceful purposes. Despite the reported progress and his earlier adoption of a more conciliatory tone, Odinga returned to a hard-line stance on February 9, repeating his earlier demand that Kibaki should either resign or a new election should be held, and he said that he would not compromise on that point. Speaking before

10672-591: The same ethnic group as Kibaki. The violence against Kikuyus occurred all over the country but was higher in areas like the Nairobi slums, Nyanza Province , the Rift Valley , and the Coast, where opposition against Kibaki was particularly strong. The ethnically diverse Nairobi slums have also seen violence by Kikuyu-dominated groups—amongst them the infamous Mungiki —against neighbours hailing from western parts of Kenya. A BBC reporter saw 40 bodies with gunshot wounds in

10788-410: The seriousness of the post-election crisis, saying that this was a local problem that would be dealt with locally. It even urged the displaced people at various police stations and camps to 'return home' and generally tried to dissuade international attention to the crisis. It is also worth noting that there were conflicting reports from Ghanaian weblogs about President Kufuor's visit. Some weblogs said he

10904-487: The situation. Jakaya Kikwete , the President of Tanzania and Chairman of the African Union , arrived in Kenya on February 27, to assist in the talks. On the same day, Odinga said that the ODM had decided not to resume protests as planned on February 28, expressing continued commitment to the talks. On February 28, Kibaki and Odinga signed the agreement meant to end the crisis at a ceremony in Nairobi; Annan said that

11020-479: The talks would be a "sideshow" and a "public relations gimmick", and he claimed that Kibaki was using the offer of talks between himself and Odinga to divert attention from Kufuor. Meanwhile, Frazer said on January 7, that there had been rigging in the election, but she said that both sides could have engaged in rigging. She also previously said that Kenyans had "been cheated by their political leadership and their institutions". Kibaki appointed 17 ministers as part of

11136-455: The top most levels will be constituted of a president , deputy president and the Cabinet . The key functions of the President of Kenya are as follows: The Legislative branch is multicameral and will constitute of the following Source: There will be three superior courts: An independent Judicial Service Commission has been set up to handle the appointment of judges. They will recommend

11252-418: The two administrative divisions namely Kegonga and Ntimaru. There are two constituencies in the former District, Kuria West and Kuria East. At the 2009 Kenya Population and housing census, Kuria West had a population of 162,857. As of 2023 it was headed by Mathias Robi Nyamabe, who was re-elected to parliament for a third time, and Kuria East until 2022 was headed by Kitayama Marwa Kemero Maisori. Kuria East had

11368-422: The vote was conducted through secret ballot. In the first round of voting, the ODM's candidate for Speaker, Kenneth Marende , received 104 votes and the government's candidate, Francis ole Kaparo , received 99 votes; in the second round Marende received 104 votes and Kaparo received 102. Although a two-thirds majority was required in the first two rounds, subsequently only a simple majority was required, and Marende

11484-460: The whole world praised the approach that the Kenyans took to constitutional reform, seeing it as a viable way to keep corruption in check. United States Secretary of State Hillary Clinton said that "I am pleased that they have taken this step, which represents a major milestone." Other United States diplomats also commented on the unity and meaningful intent which Kenyans were presenting in approaching

11600-400: The winner of the 2007 presidential election . Supporters of Kibaki's main opponent in that election, Raila Odinga of the Orange Democratic Movement , alleged electoral manipulation . This position was widely confirmed by international observers, as being perpetrated by both parties in the election. Even the head of the electoral commission himself confirmed that he did not know who had won

11716-462: Was about to begin, with Kibaki having officially invited Kufuor, and that negotiations needed to take place in a peaceful atmosphere. Odinga said that he anticipated direct talks involving both himself and Kibaki, with Kufuor's participation. Foreign Minister Raphael Tuju said that by calling off the rallies, Odinga opened the way for negotiation and reconciliation. There exist doubts that Kibaki really invited Kufuor (as opposed to him having come as

11832-593: Was already signed by ODM representatives) presented to him by Kufuor that would have provided for an interim coalition government and an inquiry into the Electoral Commission; the government, however, blamed Odinga for the failure of the talks, saying that he was not responsive to Kibaki's offer of dialogue. Kufuor left Kenya on January 10, saying that both parties had agreed to continue talks together with former United Nations Secretary-General Kofi Annan and "a panel of eminent African personalities"; Annan's office subsequently said that he would lead future talks but that he

11948-544: Was attributed by police to the Sabaot Land Defence Force . Kibaki and Odinga met again on March 4, as part of the follow-up negotiations. Odinga said that this meeting was "very productive". On March 6, rights groups including Reporters Without Borders stated that the Kenyan media played a positive role during the violence despite being inexperienced with such situations. Speaking in the National Assembly when it convened on March 6, Kibaki urged it to quickly pass

12064-461: Was decided by the courts. After meeting U.S. Assistant Secretary of State Jendayi Frazer , Kibaki said on January 5, that he was willing to form a national unity government, but Odinga, who also met with Frazer, rejected this, saying that Kibaki "should not come to the negotiating table as the president" and calling for the creation of a transitional government leading to a new election in three to six months. However, after Odinga met with Frazer for

12180-546: Was directed mainly against Kikuyu people—the community of which Kibaki is a member—living outside their traditional settlement areas, especially in the Rift Valley Province . The violence started with the murder of over 50 unarmed Kikuyu women and children, some as young as a month old, by locking them in a church and burning them alive in Kiambaa village in the outskirts of Eldoret Town, on New Year's Day . Tribal tensions in

12296-408: Was due to leave office shortly thereafter) and Odinga (who was expected to run for the presidency), and reportedly bribes of up to $ 1,000 (£700) were given to some members of Parliament to secure support for the BBI. The issue dominated Kenyan politics from 2019 to 2021. The BBI was passed by Kenya's National Assembly and Senate, and was awaiting President Kenyatta's approval when it was challenged in

12412-448: Was elected in the third round with 105 votes against 101 for Kaparo. Meanwhile, it was announced that Annan's visit would be delayed for a few days because he had fallen ill with the flu. In Nairobi threats and killings were carried out against the Asian and white Kenyan minorities by the banned ethnic sect Mungiki, which prompted a temporary exodus of the minority groups, until their protection

12528-422: Was ended in 1991, and the first presidential election took place in 1992. Calls for a comprehensive review of the 1969 Constitution intensified in the late 1990s and early 2000s, helped by the victory of the opposition National Rainbow Coalition (NARC) party in the 2002 general elections. Official and civil society consultation processes led to the adoption of what became known as the "Bomas draft" constitution (after

12644-552: Was eventually named on April 13, after lengthy negotiations over its composition; it was sworn in on April 17. The post-election demonstration and violence stemmed from a mixture of motives. Some included: Reports by international observers about manipulations and admissions by members of the Electoral Commission of Kenya that their staff provided them with incorrect figures have further fuelled this anger. The violence has been directed mainly against Kikuyus , belonging to

12760-632: Was expected to arrive on the same day. ODM Members of Parliament said that they intended to sit on the government side in Parliament, asserting their claim to have won the election. They took the opposition side, however, with Odinga taking the Leader of the Opposition's seat. Although the ODM wanted an open ballot instead of a secret one in the election for the Speaker of Parliament , the government side opposed this and

12876-437: Was guaranteed by the government, prompting further economic hardship in the country. The ODM's planned protests, intended to last for three days, began on January 16,. Police met the protests with force and prevented them from reaching Uhuru Park in Nairobi; protests also took place in other parts of the country, including Kisumu and Eldoret. At least two people were reported killed in Kisumu as police used live ammunition against

12992-451: Was illegal, and the five million signatures it gathered were not proof that it was a true citizen-led initiative, saying: The court added that the president had failed to pass the leadership and integrity test—warning that he could be sued, personally, for his actions. The court's ruling established grounds for impeachment of the president—though the parliament, which passed the bill, was reported unlikely to challenge Kenyatta. Generally

13108-462: Was not going to travel to Kenya, since the government did not view him as a welcome visitor, others saying he was required by his official responsibility as AU chairman to try to resolve the crisis in Kenya. Just before Kufuor's travel to Kenya, Moses Wetang'ula, the new Minister for Foreign Affairs travelled to Ghana to 'brief Mr. Kufuor' on the situation in Kenya, ahead of his trip to Kenya. These actions were perceived to be an indication of bad faith on

13224-469: Was not likely to go to Kenya before January 15,. Kibaki's new Cabinet ministers were sworn in on January 10,. On January 11, the ODM called for mass rallies to be held in about 30 places in the following week; the police said that the rallies were banned. Nyongo also called for international sanctions against Kibaki's government. On January 12, the EU said that there could not be "business as usual in Kenya" without

13340-454: Was shot and killed by a policeman in Eldoret on January 31, 2008. Police said the killing was related to a love triangle involving him, the officer who shot him, and a female officer, but the ODM called it an assassination, accusing the government of seeking to reduce the number of ODM Members of Parliament, and protests and violence broke out. The talks were postponed until the next day due to

13456-421: Was unanimously chosen by Annan's team as chief mediator to lead long-term talks, but the government had concerns about Ramaphosa's involvement, saying that he and Odinga had business links. Ramaphosa consequently withdrew from the talks and Annan accepted his withdrawal on February 4,. Odinga said on the same day that the ODM would withdraw from the talks if a deal was not reached, and he said that his party wanted

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