High Court Bars TSC From Implementing Social Media Restrictions on Teachers

High Court Bars TSC From Implementing Social Media Restrictions on Teachers

The High Court in Kiambu has stopped the Teachers Service Commission (TSC) from implementing a circular that sought to regulate teachers’ conduct on social media.

Justice Francis Nyungu Kyambia issued conservatory orders on Friday, August 21, suspending the implementation of the disputed instructions pending the hearing and determination of a petition challenging the circular.

The case was filed by a teacher who has challenged the legality and constitutionality of the new social media guidelines.

The court’s decision means that the TSC cannot enforce the disputed circular until the matter is fully heard and determined.

High Court Suspends TSC Social Media Circular

The disputed guidelines were contained in Circular No. 14/2026, which was issued on August 13 and addressed to all TSC regional directors, county directors and teachers.

The commission had raised concerns about what it described as an increase in cases involving unprofessional conduct by teachers on social media platforms.

According to the circular, the reported cases included cyberbullying, harassment, intimidation and the sharing of offensive content online.

TSC Chief Executive Officer Eveleen Mitei said teachers could face disciplinary action if they were found to have engaged in conduct considered unprofessional under the commission’s regulations.

“Teachers, as public officers, are expected to conduct themselves in a manner that uphold the dignity of the teaching profession, whether acting physically or through digital platforms.”

The commission maintained that the standards governing teachers’ conduct extend beyond physical workplaces and also apply to activities conducted through digital platforms.

TSC Warned Teachers of Disciplinary Action

In the circular, TSC warned that teachers found to have engaged in cyberbullying or other forms of unprofessional conduct could face administrative or disciplinary action.

The commission cited the TSC Act, the Code of Regulations for Teachers and other relevant laws as the basis for possible sanctions.

“Any teacher found to have engaged in cyberbullying or unprofessional conduct on social media shall be subject to disciplinary measures in accordance with the Teachers Service Commission Act, the Code of Regulations for Teachers, and any other relevant legislation, including administrative or disciplinary sanctions.”

However, the circular has now been challenged in court over concerns about how the restrictions could be interpreted and enforced.

Teacher Challenges Constitutionality of Circular

In the petition, the teacher argued that the TSC circular is unconstitutional, null and void.

The petitioner, whose identity has not been disclosed for legal reasons, argued that the instructions create standards that are too broad and unclear.

According to the petition, the lack of precise definitions could give the commission wide powers to determine what amounts to prohibited expression on social media.

The teacher further argued that such an approach could expose teachers to disciplinary action based on vague standards.

The petition raises wider questions about the balance between professional responsibility and freedom of expression, particularly as public officers increasingly use social media to communicate and share their views.

Court Issues Immediate Conservatory Orders

Justice Kyambia issued the conservatory orders with immediate effect, stopping the implementation of the circular while the constitutional and legal questions raised in the petition are considered.

The court also directed TSC to file and serve its response to the petition.

Education Cabinet Secretary Julius Migos, the Principal Secretary for Basic Education and the Attorney General were also ordered to file their responses.

The case is now expected to proceed to a full hearing, where the court will consider whether the TSC had the legal authority to issue and enforce the disputed social media restrictions.

For now, the conservatory orders provide temporary relief to teachers affected by the circular.

The final outcome of the case could have significant implications for how TSC regulates teachers’ conduct online and how professional standards are applied to public officers in the digital age.

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High Court Bars TSC From Implementing Social Media Restrictions on Teachers