The Teachers Service Commission (TSC) has moved to the High Court in Kiambu seeking the lifting of orders that suspended the implementation of its circular regulating teachers’ conduct on social media.
Justice Francis Nyungu Kyambia is expected to deliver a ruling on the commission’s application on October 15.
TSC argued that allowing the conservatory orders to remain in place could leave teachers uncertain about whether existing professional disciplinary standards continue to govern their conduct on social media.
The commission issued the August circular amid growing public attention over posts shared by teachers online, particularly as an increasing number of educators also operate as social media influencers.
The directive warned teachers against engaging in cyberbullying, harassment, intimidation, offensive content and other conduct considered unprofessional or unlawful on social media.
It further cautioned that such behaviour could result in disciplinary action under existing laws and professional regulations.
The implementation of the directive was, however, halted after a teacher filed a petition challenging the measures, prompting the court to issue temporary conservatory orders pending the hearing of the case.
The petitioner argued that the circular introduced vague standards that could give TSC wide discretion in determining what amounts to prohibited online expression.
Lawyers opposing the commission’s application argued that TSC was required to satisfy the legal threshold for lifting the conservatory orders. They also urged the court to take into account the public interest and constitutional questions raised by the petition.
Representing TSC, lawyer Jared Gekombe told the court that the circular had not created new disciplinary offences or established a separate mechanism for disciplining teachers.
Instead, he argued that the communication served as a reminder of obligations that teachers are already required to observe under existing laws and professional regulations.
The circular makes reference to the Constitution, the TSC Act, the Code of Conduct and Ethics for Teachers, the Leadership and Integrity Act, the Computer Misuse and Cybercrimes Act and the Data Protection Act.
Gekombe said the commission was particularly concerned about online conduct involving cyberbullying, harassment, intimidation, hate speech and incitement to violence.
He maintained that any disciplinary proceedings arising from such conduct would continue to be governed by the existing TSC Act, regulations and the teachers’ code of ethics.
