High Court suspends TSC circular restricting teachers’ social media activities

The High Court in Kiambu has barred the Teachers Service Commission (TSC) from implementing a circular restricting teachers’ activities on social media.

In a ruling delivered on Friday, August 21, Justice Francis Nyungu Kyambia issued conservatory orders suspending implementation of the disputed instructions pending the hearing and determination of a case before the court.

The case filed by a teacher seeks to challenge restrictions introduced by TSC on August 13 through Circular No. 14/2026 addressed to all TSC regional directors, county directors, and teachers.

TSC CEO Eveleen Mitei said the teachers’ body had observed an increase in cases of teachers allegedly engaging in unprofessional behaviour on social media.

The commission cited cases of cyberbullying, harassment, intimidation, dissemination of offensive content, and other forms of online misconduct.

TSC warned teachers that they could face disciplinary action under the TSC Act, the Code of Regulations for Teachers, and other applicable laws if they were found engaging in cyberbullying or unprofessional conduct on social media.

“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.

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Adding, “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 his petition to the court, the teacher, whom we have opted not to name for legal reasons, argued that the circular is unconstitutional, null, and void.

According to the teacher, the circular creates vague standards that could allow the TSC to determine what constitutes prohibited expression and impose disciplinary consequences. 

Consequently, the High Court has now suspended the implementation of the circular as the case proceeds.

Justice Kyambia issued the conservatory orders with immediate effect pending the hearing and determination of the petition.

The court also directed 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.

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