The High Court has rejected the Teachers Service Commission’s (TSC) bid to lift orders that suspended the implementation of its circular regulating teachers’ social media conduct.
In its October 29 ruling, the court found that petitioner Fredrick Ochieng Oduor showed that the directive was unclear and could limit teachers’ constitutional right to freedom of expression.
“What is clear from the circular is that the same does not sufficiently define or particularize the conduct which may expose teachers to disciplinary action,” the court ruled.
The judge faulted the commission for failing to specify the kind of online behaviour that could attract disciplinary action, warning that the lack of clear definitions could leave TSC with excessive discretion in determining violations.
TSC Loses Bid to Lift Suspension of Teachers’ Social Media Rules
TSC defended the circular, arguing it has the constitutional and statutory power to regulate the teaching profession and discipline teachers for misconduct.
However, the petition challenges the commission’s decision-making process, with the petitioner alleging that TSC issued the circular without consulting teachers and other affected stakeholders.
The court noted that the commission did not dispute the lack of such consultations, raising questions about compliance with Article 47 of the Constitution and the Fair Administrative Action Act.
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The judge also observed that any restriction on freedom of expression must be backed by law and meet the constitutional requirements of reasonableness and proportionality under Article 24.
On the substance of the circular, the court advised TSC to develop clear guidelines on teachers’ online conduct instead of relying on broad restrictions.
It noted that existing laws already provide mechanisms to address teachers who engage in professional misconduct.
The court directed parties yet to file their responses to the petition to do so before the next court appearance, scheduled for February 3, 2027, when further directions will be issued.
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About the Circular
The Teachers Service Commission (TSC) issued Circular No. 14/2026 on August 13, 2026, to regulate unprofessional conduct by public school teachers on social media platforms.
The circular prohibits behaviour such as cyberbullying, harassment, intimidation, hate speech, ethnic incitement and the sharing of offensive content or learners’ personal information without authorization.
It extends professional and ethical standards to platforms including TikTok, Facebook and YouTube.
TSC cited several laws and regulations to support the directive, including Articles 31, 33 and 53 of the Constitution, the Computer Misuse and Cybercrimes Act of 2018, the Data Protection Act of 2019 and the Code of Conduct and Ethics for Teachers.
The commission also warned that teachers who violate the rules could face administrative or disciplinary action under the TSC Act and the Code of Regulations for Teachers.
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