There are many constitutional milestones in Kenya's history:

• 1963: Federal Constitution
• 1964: Republican Con­stitution
• 1969: de facto One-Party state
• 1982: de jure One Party State
• 1991: Multi-party democ­racy re-introduced
• 1997: IPPG Amend­ments
• 2003: Constitution of Kenya Review Commis­sion
• 2005: Referendum
• 008: Agenda Four (4)

All these events did not provide the country with the best institutional and governance structures and therefore failed to enable Kenya achieve its full potential in fostering peace, economic growth and so­cial harmony among its peoples. As a result, the current constitutional or­der does not fulfill the ex­pectations of Kenyans.  After a great clamour by the people of Kenya for a new constitutional dispensa­tion, greater democracy, respect for human rights and accountability on the part of the Government, the CKRC started a proc­ess of constitutional re­view. The process led to three draft constitutions:

1.   The Constitution of Ken­ya Review Commission Draft submitted to Bomas Constitutional Conference (Ghai Draft);

2. The Constitution Conference Draft (Bomas Draft) and

3.  The Proposed New Constitution 2005 (Wako Draft).

The Wako Draft was voted on in the 2005 referendum but it did not meet the ex­pectations of majority of Kenyans.
After the disputed Presi­dential elections of 2007, Kenya witnessed its worst moment in history when there was widespread vio­lence in the country. Ne­gotiations mediated by the African Panel of Eminent Persons helped achieve a consensus that led to the signing of the National Ac­cord. In order to achieve lasting peace and prosperity, the accord under Agenda Four requires a new Constitution for Ken­ya to be enacted.

This has given a new push to the search for a new constitution. Parliament enacted the Constitution of Kenya (Amendment) Act, 2008 and the Constitu­tion of Kenya Review Act, 2008 to serve as the legal framework for achieving a new constitution. 

The Review Act requires the Committee of Experts to finalise its work within twelve months. The draft produced in the review process must be passed by the National Assembly and then put to the people of Kenya in a referendum.