The High Court in Kiambu has stopped the Teachers Service Commission (TSC) from enforcing a circular that imposed restrictions on teachers’ activities on social media.
In a ruling delivered on Friday, August 21, Justice Francis Nyungu Kyambia issued conservatory orders suspending the implementation of the disputed directives pending the hearing and determination of a case challenging them.
The case was filed by a teacher seeking to contest restrictions introduced by the TSC on August 13 through Circular No. 14/2026, which was addressed to all regional directors, county directors and teachers.
TSC CEO Eveleen Mitei said the commission had noted a rise in cases involving teachers accused of engaging in unprofessional conduct on social media.
The commission cited cyberbullying, harassment, intimidation, sharing of offensive material and other forms of online misconduct among the concerns prompting the new guidelines.
TSC warned that teachers found engaging in cyberbullying or other forms of unprofessional behaviour online could face disciplinary action under the TSC Act, the Code of Regulations for Teachers and other applicable laws.
"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.
The commission further warned: "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."
In the petition, the teacher, whose identity has been withheld for legal reasons, argued that the circular was unconstitutional, null and void.
The petitioner also claimed that the directives established vague standards that could give the TSC broad discretion to determine what amounted to prohibited expression and impose disciplinary penalties.
Justice Kyambia consequently suspended the implementation of the circular with immediate effect as the legal challenge proceeds.
The court also directed the TSC, Education Cabinet Secretary Julius Migos, the Principal Secretary for Basic Education and the Attorney General to file and serve their responses to the petition.
The conservatory orders will remain in force pending the hearing and determination of the case.
