Mwai Kibaki Unity (GNU), was thereafter appointed, but some MP's who were offered ministerial positions declined to take up posts. 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 cite 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." On 26 January 2007, President Kibaki declared his intention of
Mwai Kibaki media, and moved the Chairman of the Electoral Commission, Samuel Kivuitu, to another room where Kivuitu went on to declare Kibaki the winner by 4,584,721 votes to Odinga's 4,352,993, placing Kibaki ahead of Odinga by about 232,000 votes in the hotly contested election with Kalonzo Musyoka a distant third. One hour later, in a hastily convened dusk ceremony, Kibaki was sworn in at the grounds of State House Nairobi for his second term, defiantly calling for the "verdict of the people" to be respected and for "healing and reconciliation" to begin. This arose tension and led to protests by a