TSC seeks lifting of court orders suspending teachers

TSC wants the High Court to lift orders suspending its directive regulating teachers’ social media conduct.
The commission maintains the circular only reinforces existing legal and professional obligations governing teachers’ online activities.
Justice Francis Nyungu Kyambia is expected to rule on the commission’s application on October 15, 2026.

The Teachers Service Commission (TSC) has moved to have temporary court orders suspending its directive on teachers’ conduct on social media lifted, arguing that the orders could create uncertainty over the professional standards governing educators’ online activities.

The application is before the High Court in Kiambu, where Justice Francis Nyungu Kyambia is expected to rule on October 15, 2026.

TSC says its August circular did not introduce new disciplinary offences or establish a separate disciplinary mechanism for teachers. Instead, the commission maintains that the directive was intended to remind teachers of obligations already provided for under existing laws and professional regulations.

The directive came amid growing public attention to teachers’ activities on social media, including posts that have attracted widespread debate.

It cautioned teachers against cyberbullying, harassment, intimidation, hate speech, incitement to violence, offensive material and other conduct considered unlawful or inconsistent with professional ethics.

TSC lawyer Jared Gekombe told the court that the commission was seeking to ensure teachers understood that existing professional obligations continue to apply when they engage on digital platforms.

He argued that any disciplinary action arising from social media conduct would be undertaken under the TSC Act, relevant regulations and the Code of Conduct and Ethics for Teachers.

“It is a warning sign to teachers about the potential hazards of unregulated online behaviour,” Gekombe told the court, arguing that suspending the circular could create uncertainty about teachers’ professional obligations.

The commission also cited several laws in its communication, including the Constitution, the TSC Act, the Leadership and Integrity Act, the Computer Misuse and Cybercrimes Act and the Data Protection Act.

In the August 13 circular, TSC said teachers, as public officers, are expected to uphold the dignity of the teaching profession in their physical and digital interactions.

“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,” TSC stated in the circular.

It further warned that teachers found engaging in cyberbullying or unprofessional conduct could face disciplinary action under the TSC Act, Code of Regulations for Teachers and other applicable legislation.

Teacher challenges circular

The directive was challenged by teacher Fredrick Ochieng Oduory, who argued that some of its provisions were unclear and could give the commission wide discretion in determining what constitutes unacceptable online expression.

Oduory is challenging Circular No. 14/2026, dated August 13, 2026, and titled Prohibition of Unprofessional Conduct on Social Media Platforms and Cyberbullying. The circular was addressed to TSC regional directors, county directors and teachers.

The petitioner argues that broadly framed terms such as “unprofessional conduct” could expose teachers to disciplinary action without sufficiently clear standards. He has also raised constitutional questions concerning freedom of expression and the limits of TSC’s authority over teachers’ conduct outside the classroom.

Following the petition, Justice Kyambia issued conservatory orders on August 21, temporarily stopping implementation of the directive pending further proceedings.

Lawyers opposing TSC’s application have urged the court to maintain the orders, arguing that the commission must satisfy the legal threshold required before conservatory orders can be discharged.

They also asked the court to consider the constitutional questions surrounding teachers’ online expression and the public interest at stake.

TSC, however, maintains that the suspended communication merely reinforces standards that teachers are already required to observe under the law and their professional code.

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The court’s October 15 ruling is expected to determine whether the commission can proceed with implementation of the contested directive while the substantive constitutional dispute continues.

By Kithinji Njeru

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