In the 2002 election, a Memorandum of Understanding (MoU) was agreed between NAK and LDP, which laid the basis for the two groups to contest the election under the NARC (Rainbow Alliance) banner. The MoU agreed that a new constitution would be established shortly after the election, which provided for the new role of a strong Prime Minister, while weakening the role of President. Raila Odinga, then leader of LDP, maintained aspirations to become Prime Minister. However, that draft constitution was modified by the government from what was written by Professor Ghai and amended by the Bomas committee.
This maintained a strong President, who controls a weaker Prime Minister. This led to a split between NAK and LDP, with the former campaigning for a 'Yes' vote in a 2005 referendum on the constitution and the latter a 'No'. Also supporting a 'No' vote was the majority of Uhuru Kenyatta's KANU party, the sole party of government from independence to 2002. The outcome of that referendum, in which the draft constitution was rejected, signalled a wider re-alignment before the 2007 elections, in which the No team reorganised itself as the Orange Democratic Movement with Raila Odinga as their presidential flag bearer whilst those in the Yes team ended up in several political parties including the Party of National Unity.
Internal wrangling within that governing coalition also negatively affected other crucial areas of governance, notably the planned large-scale privatisation of government-owned enterprises. The 2007 presidential elections were largely believed to have been flawed with international observers stating that they did not meet regional or international standards. Most observers suggest that the tallying process for the presidential results was rigged to the advantage of the incumbent president, Mwai Kibaki, despite overwhelming indications that his rival and the subsequent Prime Minister of Kenya, Raila Odinga, won the election. In July 2008, exit polls commissioned by the US government were released, revealing that Odinga had won the election by a comfortable margin of 6%, well outside of the poll's 1.3% margin of error.
There was significant and widespread violence in Kenya—2007–2008 Kenyan crisis—following the unprecedented announcement of Kibaki as the winner of the 2007 presidential elections. The violence led to the death of almost 1,000 people, and the displacement of almost 600,000 people. Some researchers note it allowed the violent settlement of land disputes between ethnic groups over controversial concepts of 'ancestral homelands'.
A diplomatic solution was achieved, as the two rivals were later united in a grand coalition government following international mediation, led by former UN Secretary-General Kofi Annan, under a power-sharing National Accord on Reconciliation Act, entrenched in the constitution. Following the agreement, power was shared between President Mwai Kibaki and Prime Minister, Raila Odinga. Several steps were recommended to ensure stability and peace for the Nation during the negotiations that led to the formation of the Coalition government. One of these reforms was the famous Agenda 4 that deals with reforms in various sectors. A new constitution was identified as a key area in fulfilling Agenda 4. A draft constitution was published and Kenyans adopted it in a vote on 4 August 2010. On 2013 the coalition government was rendered ineffective due to the constitution. General elections were held and the Jubilee coalition with President, Uhuru Kenyatta and Deputy President, William Samoei Ruto clinched victory. The new constitution also provided for a bicameral house, the Senate and the national Assembly. These were duly filled up with elected candidates. The nation was also divided into counties headed by governors and represented in the senate by senators. Women in these counties were also represented by electing women Representatives. The five-year term ended on 2017 and the country went in for the elections. The President Uhuru Kenyatta and Deputy William Samoei Ruto were re-elected on 30 October 2017. This will run up to 2022 when the next elections will be conducted. The historical handshake in March 2018 between president Uhuru Kenyatta and his long-time opponent Raila Odinga meant reconciliation followed by economic growth and increased stability.
