High Court Issues Ruling On TSC’s Social Media Guidelines For Teachers

The High Court has refused to lift orders freezing the Teachers Service Commission’s (TSC) circular on how teachers behave on social media, saying the directive is too vague and could infringe on their freedom of expression.

Delivering its ruling on Thursday, October 29, the court agreed with the petitioner that there was a strong case against the circular, which TSC issued in August 2026. The document warned teachers against cyberbullying, harassment, intimidation, and sharing offensive content online.

The problem, according to the judge, is that it never spells out which posts or online conduct would land a teacher in trouble. That gap, the court said, could hand TSC sweeping powers over its staff.

“What is clear from the circular is that the same does not sufficiently define or particularise the conduct which may expose teachers to disciplinary action,” the court ruled.

The judge also pointed out that teachers are already covered by existing laws and professional regulations that deal with misconduct. If TSC wants to go further, the court said, it should come up with specific, well-defined guidelines on online conduct instead of leaning on broad restrictions.

On freedom of expression, the court reminded the commission that any limit on the right must be anchored in law and be reasonable, as Article 24 of the Constitution requires.

Another strand of the petition focused on how the circular came about. The petitioner argued that TSC rolled it out without consulting teachers or other affected parties. The court noted that the commission did not contest this, which raises doubt over whether it met the legal requirement that decisions affecting Kenyans be made fairly and with public input.

TSC defended itself by saying the circular fell within its constitutional and legal mandate to regulate the teaching profession and discipline teachers guilty of professional misconduct.

The court was not persuaded. It held that lifting the suspension now could undermine the petition and the constitutional questions it raises.

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