Court refuses to lift orders blocking TSC rules on teachers' social media use
The High Court said the circular does not clearly define which online conduct could lead to discipline. The case returns to court on 3 February.
Based on 2 sources, listed at the end of this story.
Teachers at Shela Primary School in Lamu County looking at their phones. They are not connected to the case. File photo, 2026. Photo: Queen Asali / Wikimedia Commons, CC BY-SA 4.0, cropped
The High Court has refused a request by the Teachers Service Commission (TSC) to lift orders suspending its circular on how teachers conduct themselves on social media. The ruling, delivered on 29 October, keeps the circular on hold while the petition challenging it is heard.
The circular, issued in August, warns teachers against cyberbullying, harassment, intimidation and sharing offensive content online. The petitioner, Fredrick Ochieng Oduor, argues that it is vague and that TSC issued it without consulting teachers or other stakeholders.
The court found that the petitioner had made a strong enough case that the circular could limit teachers' freedom of expression. It said the circular "does not sufficiently define or particularise the conduct" that could lead to disciplinary action, and that any limit on free expression must have a basis in law and be reasonable under Article 24 of the Constitution. It also noted that TSC did not dispute that it held no public participation.
TSC told the court the circular falls within its mandate to regulate the teaching profession and discipline teachers for misconduct. The court advised the commission to issue specific guidelines on online conduct instead of broad restrictions, noting that existing laws already provide ways to discipline teachers.
The ruling is not a final decision on whether the circular is lawful. The case will be mentioned on 3 February 2027 for further directions.
