Gen Z Protests and Presidential Resignation: Legal Procedures and Possibilities

In recent months, Kenya has witnessed a surge of anti-government protests led by Generation Z, reflecting growing dissatisfaction with the current administration. These young protesters are calling for significant political reforms, in particular, demanding the resignation of the President. While public demonstrations can exert substantial pressure, the resignation of a sitting President involves complex legal and constitutional procedures. This article explores the legal framework surrounding such a scenario and the potential outcomes of the ongoing protests.

Understanding the Grounds for Presidential Resignation

Kenya’s Constitution, promulgated in 2010, outlines clear procedures for the impeachment and resignation of a President. However, unlike impeachment, a formal process initiated by the National Assembly, resignation is a voluntary act by the President.

The Constitution does not require specific grounds for a President to resign. It is a personal decision that can be influenced by various factors, including:

1. Public Pressure: Sustained and widespread protests can create a politically untenable situation, prompting the President to step down to restore peace and stability. For example, in 2019, massive protests in Hong Kong against proposed extradition laws escalated into broader demands for democratic reforms and police accountability. The sustained nature of these protests, coupled with widespread public support and international attention, eventually led to the withdrawal of the extradition bill and the resignation of several government officials, though not the Chief Executive.
2. Political Climate: Increased opposition from influential political figures and parties, combined with public dissatisfaction, can amplify calls for resignation.
3. Economic Impact: Prolonged unrest can destabilize the economy, leading business leaders and stakeholders to postpone the President’s resignation to avoid further economic decline.

So, should the President decide to resign, the procedure is straightforward yet significant: he must formally communicate the decision to resign, typically through a written statement addressed to the Speaker of the National Assembly and the public. Upon the President’s resignation, the Deputy President assumes office for the remainder of the term according to Article 146 of the Constitution of Kenya.

What happens if the president and vice president resign or are impeached? In this case, the next person in line for succession would be the Speaker of the National Assembly.

Article 147(2) of the Constitution specifies that the Speaker assumes office as Acting President until a new President is elected within 60 days.
Acting President: The Speaker, upon assuming office as Acting President, would discharge the functions of the President until a new President is elected through a fresh election process. A new president must be elected through a presidential election within 60 days of the vacancy occurring (in this case, the resignation of both the President and Vice President). This election is conducted according to Kenya’s electoral laws and regulations.

The Role of Generation Z in Political Change

Generation Z, characterized by their digital savviness and activism, has leveraged social media platforms to organize and amplify their protests. Their demands for the President’s resignation are rooted in calls for greater accountability, transparency, and responsiveness from the government.

While the protests have garnered significant attention, several factors will determine whether they can lead to the President’s resignation:

1. Scale and Persistence of Protests: Large-scale, sustained protests are more likely to pressure the President to consider resignation. For example, in Lebanon, starting in October 2019, widespread protests erupted against government corruption, economic mismanagement, and sectarian politics. The demonstrations, involving people from various socioeconomic backgrounds and regions, continued for months, demanding a complete overhaul of the political system and the government’s resignation. The scale and persistence of these protests reflected deep-seated public frustration and contributed to the resignation of Prime Minister Saad Hariri in October 2019.
   
2. Political Alliances: Support from key political figures and parties can strengthen the protesters’ demands and increase pressure on the President.
   
3. International Attention: Global media coverage and international diplomatic pressure can also play a role in influencing the decision.

Legal Alternatives: Impeachment

If resignation does not occur, the Constitution provides an alternative legal route: impeachment. The impeachment process involves several steps:

1. Initiation of Motion: A member of the National Assembly can introduce a motion for impeachment, specifying the grounds, such as gross violation of the Constitution, gross misconduct, or crimes under national or international law.
2. Support by Members: At least a third of the National Assembly members must support the motion.
3. Committee Investigation: A special committee investigates the allegations and reports back to the National Assembly.
4. National Assembly Vote: If the committee’s report substantiates the allegations and two-thirds of the National Assembly members support the motion, the President is impeached.
5. Senate Trial: The Senate conducts a trial, and if two-thirds of its members uphold the charges, the President is removed from office.

The Generation Z-led protests in Kenya represent a significant force for political change, reflecting the frustrations and aspirations of a new generation. While the resignation of a President is a voluntary and relatively rare occurrence, the legal framework in Kenya allows for it under sustained public pressure. Should these protests continue to gain momentum, the possibility of the President stepping down becomes more conceivable. However, if resignation does not materialize, the legal alternative of impeachment remains a viable, albeit more complex, route to achieving the desired political change.