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 via universal suffrage and an executive Prime Minister elected by Parliament. The draft presented by the Attorney General Amos Wako for the referendum retained sweeping powers for the Presidency. Though Kibaki the proposal, some members of his own cabinet, mainly from the 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. 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