Calls for a comprehensive review of the 1969 Constitution intensified in the late 1990s and early 2000s, helped by the victory of the opposition National Rainbow Coalition (NARC) party in the 2002 general elections.

A deadlock only finally broken by the intervention of the African Union through a mediation team headed by Kofi Annan, following the outbreak of serious post-election violence in early 2008.

The proposed constitution was presented to the Attorney General of Kenya on 7 April 2010, officially published on 6 May 2010, and was subjected to a referendum on 4 August 2010.

The key functions of the President of Kenya are as follows:[15] The Legislative branch is multicameral and will constitute of the following Source:[16] There will be three superior courts: An independent Judicial Service Commission has been set up to handle the appointment of judges.

The commission will consist of the following: Devolution to the county governments will only be autonomous in implementation of distinct functions as listed in the Fourth Schedule (Part 2).

[19] The economic interest represented by the Kenya Private Sector Alliance (KEPSA), openly opposed the new style of government.

[22] A section of the Muslim leadership vowed to retaliate the ruling by seeking their own judicial declaration that the teaching of Christian religious Education in public school curriculum is illegal.

Following the contentious 2017 presidential election (initially ruled illegal by the Supreme Court, which forced President-elect Kenyatta into a re-run), the two leading contenders—rivals Uhuru Kenyatta (who won election) and Raila Odinga—proposed a "Building Bridges Initiative" (BBI), which consisted of a number of proposed amendments to Kenya's constitution.

[24][25] Promoted by Kenyatta and Odinga as a way to resolve factional tensions in the nation—improving inclusion and ending Kenya's winner-take-all elections (often followed by deadly violence)—the amendments sought to: Critics alleged the effort was unnecessary, and was a selfish attempt to reward political dynasties, and weaken Deputy President William Ruto (Odinga's rival for the next presidency) — which would produce an over-sized government that debt-laden Kenya could not afford.

[24] The BBI was passed by Kenya's National Assembly and Senate, and was awaiting President Kenyatta's approval when it was challenged in the Kenyan High Court.

[26] For example, the Africa director for the International Foundation for Electoral Systems said that "The fact that they are bringing in stakeholders to lend their voice and make recommendations will strengthen civil society because they will keep a close eye on the process and, if it is passed, will ensure that it is respected and properly implemented.

"[26] Canadian Foreign Affairs Minister Lawrence Cannon stated: "On behalf of the Government of Canada, I wish to congratulate Kenya on the adoption of its new constitution.

We welcome the leadership shown by President Mwai Kibaki and Prime Minister Raila Amolo Odinga within the Grand Coalition Government in bringing Kenyans together to tackle their future and make progress through dialogue, and in implementing the reforms set out in the country's Kenya's 2007–2008 election violence and should reaffirm its complete cooperation and commitment to the ICC.".