- The High Court has suspended enforcement of a TSC circular regulating teachers’ social media conduct pending determination of a constitutional petition.
- Petitioner Fredrick Ochieng Oduory argued that the circular’s vague “unprofessional conduct” clause and lack of union consultation infringe on teachers’ freedom of expression.
- The court has scheduled the case for hearing on September 21, 2026, to weigh the constitutional questions raised against TSC’s authority.
The High Court has suspended enforcement of a Teachers Service Commission (TSC) circular that sought to regulate how teachers conduct themselves on social media, pending the hearing and determination of a constitutional petition filed against it.
Justice Francis Nyungu Kyambia issued the interim orders on Thursday, August 21, 2026, in response to a petition brought by Fredrick Ochieng Oduory against the TSC, the Cabinet Secretary for Education, the Principal Secretary for Basic Education and the Attorney General.
At the centre of the dispute is TSC Circular No. 14/2026, which Oduory argues contains provisions that infringe on teachers’ constitutional right to freedom of expression. He takes particular issue with terms such as “unprofessional conduct,” which he describes as broad and unclear, warning that they could expose teachers to disciplinary action without any clear guidance on what actually constitutes misconduct.
The petition further contends that the circular hands the commission sweeping powers to determine and punish teachers over their social media activity, without sufficient safeguards to guard against arbitrary disciplinary decisions. Oduory also questions whether TSC has overstepped its mandate by effectively assuming a role that belongs to the courts, namely determining whether particular conduct amounts to an offence or merits punishment.
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On constitutional grounds, the petition argues that the circular falls short of the legality, necessity and proportionality tests set out under Article 24 of the Constitution, which governs how fundamental rights and freedoms may be limited.
Oduory has also accused TSC of rolling out the directive without adequate consultation with teachers and their unions, naming the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post Primary Education Teachers (KUPPET) as bodies that should have been engaged before the circular was issued.
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With the interim orders now in place, implementation of the contested circular remains on hold as the legal fight over the limits of TSC’s authority to regulate teachers’ online conduct plays out in court. The matter is set for hearing on September 21, 2026, when the court will take up the constitutional questions raised in the petition.
The outcome could carry significant weight for how teachers use social media going forward, shaping where the line falls between professional accountability and the constitutional protection of freedom of expression.
By Kithinji Njeru
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