Government and politics

Main article: Politics of Kenya Former president Mwai Kibaki

Kenya is a presidential representative democratic republic. The President is both the head of state and head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the National Assembly or parliamentary lower house. The Judiciary is independent of the executive and the legislature. There was growing concern especially during former president Daniel arap Moi's tenure that the executive was increasingly meddling with the affairs of the judiciary.

Kenya ranks low on Transparency International's Corruption Perception Index (CPI), a metric which attempts to gauge the prevalence of public sector corruption in various countries. In 2012, the nation placed 139th out of 176 total countries in the CPI, with a score of 27/100.

Following general elections held in 1997, the Constitution of Kenya Review Act designed to pave the way for more comprehensive amendments to the Kenyan constitution was passed by the local parliament.

In December 2002, Kenyans held democratic and open elections, most of which were judged free and fair by international observers. The 2002 elections marked an important turning point in Kenya's democratic evolution in that power was transferred peacefully from the Kenya African National Union (KANU), which had ruled the country since independence to the National Rainbow Coalition, a coalition of political parties.

Under the presidency of Mwai Kibaki, the new ruling coalition promised to focus its efforts on generating economic growth, combating corruption, improving education, and rewriting its constitution. A few of these promises have been met. There is free primary education. In 2007, the government issued a statement declaring that from 2008, secondary education would be heavily subsidised, with the government footing all tuition fees.

2007 elections Main articles: Kenyan general election, 2007, Kenyan parliamentary election, 2007, and Kenyan presidential election, 2007 Orange Democratic Movement supporters at a rally during the 2007–08 Kenyan crisis

The 2007 Kenyan general election was held on 27 December 2007. It comprised Presidential, parliamentary and civic elections.

The parliamentary elections were considered to be free and generally fair (as opposed to the contested presidential elections). They were remarkable for a number of changes. Amongst these were:

Out of 190 outgoing MPs defending their seats only 71 were re-elected. 20 ministers defending their seats were defeated KANU the official opposition party of 2002 which later joined the government was reduced from 62 to 14 seats. 15 female candidates were elected which is the highest number ever in Kenyan history (2002: 9)

Campaign Issues included:

Appropriations of Constituency Development Fund (CDF) money MP's Salary hikes Legislation passed / not passed in the 9th Parliament.

In the Presidential elections, President Kibaki under the Party of National Unity ran for re-election against the main opposition party, the Orange Democratic Movement (ODM). The elections were seen to have been flawed with international observers saying that they were below international standards. After a split which took a crucial 8% of the votes away from the ODM to the newly formed Orange Democratic Movement-Kenya (ODM-K)'s candidate, Kalonzo Musyoka, the race tightened between ODM candidate Raila Odinga and Kibaki. As the count came into the Electoral Commission of Kenya (ECK) headquarters, Odinga was shown to have a slight, and then substantial lead as the results from his strongholds came in early. As the ECK continued to count the votes, Kibaki closed the gap and then overtook his opponent by a substantial margin after votes from his stronghold arrived later. This led to protests and open discrediting of the ECK for complicity and to Odinga declaring himself the "people's president" and calling for a recount.

The protests escalated into ethnic violence and destruction of property, almost 1,000 people were killed and nearly 600,000 displaced. The dispute caused underlying tensions over land and its distribution to re-erupt, as it had in the 1992 and 1997 elections. Hundreds of thousands were forced off their land to relatives elsewhere in the country and some claim weapons are being bought in the region, perhaps in anticipation of the 2013 elections.

A group of eminent persons of Africa, led by former United Nations secretary-general Kofi Annan, brokered a peaceful solution to the political stalemate.

Since the election riots, the government and civil society organisations started programmes to avoid similar disasters in the future, said Agnes R. M. Aboum – executive director of TAABCO Research and Development Consultants in Nairobi – in the magazine D+C Development and Cooperation. For example, the Truth, Justice and Reconciliation Commission initiated community dialogues, the Evangelical Lutheran Church in Kenya started peace meetings and the Kenya National Dialogue and Reconciliation process was started.

2008 Former prime minister Raila Odinga

On 28 February 2008, Kibaki and Odinga signed an agreement on the formation of a coalition government in which Odinga would become Kenya's second prime Minister. Under the deal, the president would appoint cabinet ministers from both PNU and ODM camps depending on each party's strength in Parliament. The agreement stipulated that the cabinet would include a vice-president and two deputy Prime Ministers. After being debated and passed by Parliament, the coalition would hold until the end of the current Parliament or if either of the parties withdraws from the deal before then.

The new office of the PM will have power and authority to co-ordinate and supervise the functions of the Government and will be occupied by an elected MP who will be the leader of the party or coalition with majority members in Parliament. The world watched Annan and his UN-backed panel and African Union chairman Jakaya Kikwete as they brought together the erstwhile rivals to the signing ceremony, beamed live on national TV from the steps of Nairobi's Harambee House. On 29 February 2008, representatives of PNU and ODM began working on the finer details of the power-sharing agreement. Kenyan lawmakers unanimously approved a power-sharing deal 18 March 2008, aimed at salvaging a country usually seen as one of the most stable and prosperous in Africa. The deal brought Kibaki's PNU and Odinga's ODM together and heralded the formation of the grand coalition, in which the two political parties would share power equally.

Grand coalition

On 13 April 2008, President Kibaki named a grand coalition cabinet of 41 Ministers- including the prime minister and his two deputies. The cabinet, which included 50 Assistant Ministers, was sworn in at the State House in Nairobi on Thursday, 17 April 2008 in the presence of Dr. Kofi Annan and other invited dignitaries.

A constitutional change was considered that would eliminate the position of Prime Minister and simultaneously reduce the powers of the President. A referendum to vote on the proposed constitution was held on 4 August 2010, and the new constitution passed by a wide margin. Among other things, the new constitution delegates more power to local governments and gives Kenyans a bill of rights. It was promulgated on 27 August 2010 at a euphoric ceremony in Nairobi's Uhuru Park, accompanied by a 21-gun salute. The event was graced by a number of African leaders and praised by the international community. As of that day, the new constitution heralding the Second Republic came into force.

Political divisions Main articles: Counties of Kenya, Provinces of Kenya, and Divisions of Kenya Former provinces of Kenya

Kenya is divided into 47 semi-autonomous counties that are headed by governors who were elected in the first general election under the new constitution in March 2013. These 47 counties now form the first-order divisions of the country. Under the old constitution, Kenya comprised eight provinces each headed by a Provincial Commissioner (centrally appointed by the president). The provinces (mkoa singular, mikoa plural in Swahili) were subdivided into districts (wilaya).

Constituencies are an electoral subdivision, with each county comprising a whole number of constituencies. An Interim Boundaries commission was formed in year 2010 to review the constituencies and in its report, it recommended creation of an additional 80 constituencies. Previous to the 2013 elections, there were 210 constituencies in Kenya.