Editing Mwai Kibaki (section)

===2005: Constitutional referendum, the NARC fallout and government of national unity===
[[File:Mwai Kibaki-2a.jpg|thumb|President Kibaki in 2005]]

The [[2005 Kenyan constitutional referendum]] was held on 21 November 2005. The main issue of contention in the Constitution review process was how much power should be vested in the Kenyan Presidency. In previous drafts, those who feared a concentration of power in the president added provisions for European-style power-sharing between a ceremonial President elected via universal suffrage and an executive Prime Minister elected by Parliament. The draft presented by [[Attorney General of Kenya|Attorney General]] [[Amos Wako]] for the referendum retained sweeping powers for the Presidency.<ref>[http://www.4cskenyatuitakayo.org/downloads/ANALYSIS%20OF%20WAKO%20DRAFT.pdf Analysis of the Wako Draft] {{dead link|date=June 2016|bot=medic}}{{cbignore|bot=medic}}</ref>

Though Kibaki supported the proposal, some members of his own cabinet, mainly from the Liberal Democratic Party (LDP) wing led by Raila Odinga, allied with the main opposition party KANU to mobilize a powerful NO campaign that resulted in a majority of 58% of voters rejecting the draft.<ref>{{cite web|url=http://www.thefreelibrary.com/Kenya:+post-referendum+blues%3B+Although+the+government+lost+the...-a0142575262|title=Analysis by Wanjohi Kabukuru|publisher=Thefreelibrary.com|access-date=1 June 2010}}</ref>

As a consequence of, and immediately after, the referendum loss, on 23 November 2005, Kibaki dismissed his entire cabinet in the middle of his administration's term, with the aim of purging all Raila-allied ministers from the cabinet.<ref>[http://news.bbc.co.uk/2/hi/africa/4463262.stm "Kenya's entire cabinet dismissed"] {{webarchive |url=https://web.archive.org/web/20160306165056/http://news.bbc.co.uk/2/hi/africa/4463262.stm |date=6 March 2016 }}, BBC News, 23 November 2005.</ref> About his decision Kibaki said; {{Blockquote|"Following the results of the referendum, it has become necessary for me, as the President of the Republic, to re-organize my government to make it more cohesive and better able to serve the people of Kenya".}} The only members of the cabinet office to be spared a midterm exit were the [[Vice President of Kenya|Vice President]] and [[Minister of Home Affairs]], [[Moody Awori]], and the Attorney General whose position is constitutionally protected. A new cabinet of Kibaki loyalists, including MP's from the opposition, termed the Government of National Unity (GNU), was thereafter appointed, but some MP's who were offered ministerial positions declined to take up posts.<ref>{{cite web|url=http://www.irinnews.org/print.asp?ReportID=51173 |title=KENYA: Year in Review 2005 – Searching for a constitution |date=27 August 2004 |access-date=17 October 2007 |url-status=bot: unknown |archive-url=https://web.archive.org/web/20060711114328/http://www.irinnews.org/print.asp?ReportID=51173 |archive-date=11 July 2006 }} ''IRIN News''. 11 July 2006</ref>

A report by a Kenyan Commission of Inquiry, the [[Waki Commission]], contextualises some issues. They reported that Kibaki, after agreeing to an informal Memorandum of Understanding (MoU) to create the post of Prime Minister, reneged on this pact after being elected. They cited criticism of Kibaki neglecting his pre-election agreement, leaving the public to identify it as an attempt by the Kibaki Government to "keep power to itself rather than share it."<ref name=waki>{{cite web|url=http://www.eastandard.net/downloads/Waki_Report.pdf |title=The ''Waki Report'' |access-date=20 December 2008 |url-status=usurped |archive-url=https://web.archive.org/web/20090213221232/http://www.eastandard.net/downloads/Waki_Report.pdf |archive-date=13 February 2009 }}. the Commission of Inquiry into Post-Election Violence (CIPEV). eastandard.net</ref>