High Court Keeps TSC Social Media Rules for Teachers Suspended Over Rights Concerns

Kenya’s teachers can continue using social media without the contested restrictions in a Teachers Service Commission (TSC) circular being enforced against them, after the High Court rejected the commission’s bid to lift orders suspending the directive.

The ruling keeps the dispute alive over how far the teachers’ employer can go in regulating what educators post online, and whether broad rules on “unprofessional conduct” risk restricting lawful expression.

The court found that teacher Fredrick Ochieng Oduor had established a prima facie case that the circular was too vague and could infringe on teachers’ constitutional rights. It said the directive did not clearly identify the online behaviour that could lead to disciplinary action.

“What is clear from the circular is that the same does not sufficiently define or particularise the conduct which may expose teachers to disciplinary action,” the court ruled.

The decision does not mean teachers are free to engage in online harassment or other misconduct. Instead, it leaves the legal challenge to the circular unresolved while the suspension remains in force.

Why the court questioned the circular

The dispute centres on Circular No. 14/2026, issued by the TSC on 13 August 2026 under the title Prohibition of Unprofessional Conduct on Social Media Platforms and Cyberbullying.

The commission said it was responding to concerns about teachers engaging in cyberbullying, harassment, intimidation, offensive communication and other behaviour it considers incompatible with professional standards.

But Oduor challenged the directive, arguing that its broad wording could allow the commission to punish teachers for online expression without sufficiently clear boundaries. He also questioned whether teachers and other affected stakeholders had been consulted before the circular was issued.

The court’s concern was that rules carrying potential disciplinary consequences must explain clearly what conduct is prohibited. Without that clarity, teachers may struggle to distinguish between legitimate online expression and behaviour that could attract sanctions.

The judge also stressed that any restriction on freedom of expression must satisfy Article 24 of the Constitution, which sets the conditions under which fundamental rights may be limited. Such restrictions must be grounded in law and be reasonable and proportionate.

The court suggested that the TSC should consider clear, specific guidelines rather than relying on a broadly worded administrative circular.

TSC says professional standards still matter

The commission had urged the court to lift the suspension, arguing that the circular did not create new offences or establish a separate disciplinary system. Its position was that it merely reminded teachers of obligations already contained in existing laws and professional regulations.

During earlier proceedings, TSC lawyer Jared Gekombe argued that the directive reinforced standards under the Constitution, the Teachers Service Commission Act and the Code of Conduct and Ethics for Teachers, among other laws. The commission also warned that suspending the circular could create confusion about the standards expected of teachers online.

That argument highlights the balance at the centre of the case. The TSC has a responsibility to regulate the teaching profession and address misconduct, including harmful online behaviour. But that responsibility does not remove the need for its directives to comply with constitutional safeguards.

The court has not ruled that the commission lacks authority to discipline teachers for online misconduct. It has left the suspension in place while the legality and constitutionality of this particular circular are examined.

Teachers therefore remain subject to existing professional rules and applicable laws, even as enforcement of the disputed circular is suspended.

Public participation becomes another legal test

The petition also challenges the process used to issue the directive.

Oduor argued that the TSC failed to consult teachers and other affected groups before releasing it. The court noted that the commission had not disputed the absence of stakeholder consultations, raising questions about compliance with Article 47 of the Constitution and the Fair Administrative Action Act.

Article 47 protects the right to administrative action that is lawful, reasonable and procedurally fair. The question is whether the commission followed the required process when it issued a directive that could affect teachers’ professional lives and online activity.

The final determination will need to address these questions alongside the challenge to the circular’s wording and its effect on freedom of expression.

What happens next?

The court’s latest decision means the conservatory orders suspending implementation of the circular remain in force. The substantive petition has not yet been decided, so the court has not issued a final ruling on whether the directive is unconstitutional.

The matter is scheduled for mention on 3 February 2027, when the court is expected to give further directions. Parties that have not yet filed their responses to the petition have been directed to do so before the next appearance.

The case could have implications beyond teachers’ social media use. It raises a wider question about how public bodies should regulate professional conduct online without creating rules so broad that people cannot tell what is permitted.

For the TSC, the challenge is to protect learners, uphold professional standards and address genuine online misconduct while ensuring its directives are clear and legally sound. For teachers, the case concerns whether their employer’s rules leave sufficient room for lawful expression.

The court’s final decision will determine whether the circular can stand in its current form or whether the commission will need to revise its approach.

About the Author

Maureen Onyango is a journalist passionate about storytelling, life coaching and spiritual lessons. She studied at the Kenya Institute of Management and enjoys telling stories that inform, inspire and empower communities.