The Electoral Provisions (Parliament) Act of Tuvalu was amended in May 2000 to increase the membership of parliament from 12 to 15 MPs.[6] Kilei was elected in a special election in November 2000, (together with Saufatu Sopoanga and Namoto Kelisiano) and they attended their first parliamentary session on 7 December 2000.[1] Kilei was re-elected in the 2002 general election. Following the general election, Saufatu Sopoanga, became prime minister in August 2002,[7][8] defeating Kilei by 8 votes to 7,[9] and Kilei became the leader of the opposition. It was expected that Tuvalu would have a period of political stability. However the Sopoanga government lost its majority in May 2003, following the results of the 2003 Nanumea by-election and the 2003 Niutao by-election.[10]
As leader of the opposition, Kilei wrote to the governor-general on 10 May 2003 advising that he commanded the support of a majority of the members of parliament and they were ready to form a government. On 20 June 2003, Kilei commenced an action in the High Court of Tuvalu seeking order regarding the appointment of a speaker and the calling of parliament. As it happened, the governor-general had, on 19 June 2003, issued a notice for the meeting to elect a speaker. In June 2003 opposition MP Faimalaga Luka became speaker of parliament.[11] However parliament was not called.[12] On 6 August 2003 the High Court declined to make the declaration that the prime minister must resign; however the Chief Justice delivered directions as to how the governor-general should proceed to take any action the governor-general considers to be appropriate under Section 116(1) of the Constitution of Tuvalu, acting in his or her own deliberate judgment, rather than as advised by the Cabinet of Tuvalu.[13] That is, the governor-general could consider whether it was appropriate to exercise their reserve powers in calling parliament.
On 9 September Sopoanga arranged the appointment Faimalaga Luka as governor general, depriving the opposition of its crucial one-seat majority and triggering the 2003 Nukufetau by-election. The winner of the October by-election, Elisala Pita, joined the government's benches, enabling it to survive a while longer. The Sopoanga government was eventually brought down by an eight-to-six motion of no confidence in August 2004.[14] Maatia Toafa was elected prime minister on 11 October 2004 with a vote of 8:7.[15] Kilei died in 2005.[16]