TSC seeks removal of court orders blocking teachers’ social media conduct restrictions

The Teachers Service Commission (TSC) has asked the High Court in Kiambu to lift orders that suspended the implementation of its circular on teachers’ conduct on social media, with Justice Francis Nyungu Kyambia expected to rule on the application on October 15.

According to TSC, the conservatory orders could create confusion among teachers over whether professional disciplinary rules still apply to their social media conduct. 

With viral posts by teachers drawing widespread public attention on social media and as more educators double as influencers, the commission issued a strict circular to regulate their online conduct and curb unprofessional behavior.

The August directive cautioned teachers against cyberbullying, harassment, intimidation, offensive content and other unprofessional or unlawful conduct on social media, warning that such behaviour could attract disciplinary action under existing laws and professional regulations.

However, a teacher’s petition challenging the measures prompted the court to issue temporary orders halting the directive pending the hearing. 

The petitioner had argued that the circular introduced unclear standards that could give the commission broad discretion over what constitutes prohibited online expression. 

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Lawyers opposing TSC’s application told the court that the commission had to meet the legal threshold for removing the conservatory orders and urged the judge to consider the public interest and constitutional issues involved. 

The commission’s lawyer Jared Gekombe told the court that the circular does not create new disciplinary offences or establish a separate process for dealing with teachers. 

He argued that it instead reminds teachers of obligations already contained in existing laws and professional regulations. 

The communication refers 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 addressing online behaviour such as cyberbullying, harassment, intimidation, hate speech and incitement to violence. 

He maintained that any disciplinary action would still be handled under the existing TSC Act, regulations and teachers’ code of ethics. 

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