The Teachers Service Commission (TSC) cannot yet enforce its new rules on how teachers behave on social media, after the High Court on Thursday rejected its application to lift orders suspending the circular.

The ruling, delivered on 29 October, keeps in force conservatory orders first issued in August against TSC Circular No. 14 of 2026. The circular, released in mid-August, warned teachers against cyberbullying, harassment, intimidation and sharing offensive material online, and threatened disciplinary action for what it called unprofessional conduct on social media.

The case was filed by teacher Fredrick Ochieng Oduor, who argues that the directive is unconstitutional. The matter is before the High Court in Kiambu.

Court faults vague wording

In its ruling, the court found that the petitioner had shown a strong arguable case that the circular is unclear and could limit teachers' right to freedom of expression.

"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 said.

The judge warned that such vague wording could hand the commission too much room to decide, case by case, what counts as misconduct online. The court noted that existing laws and the profession's own codes already give TSC ways to discipline teachers who misbehave, whether online or offline.

It also reminded the commission that any limit on freedom of expression must have a basis in law and must be reasonable and proportionate, as required by Article 24 of the Constitution. The judge advised TSC to draw up clear and specific guidelines on online conduct instead of relying on broad restrictions in an administrative circular.

No consultation with teachers

The petition also attacks the way the circular was introduced. Mr Oduor argues that TSC did not consult teachers, their unions or other stakeholders before issuing it.

According to the court, the commission did not dispute that no public participation took place. The judge said this raised questions about whether TSC complied with Article 47 of the Constitution and the Fair Administrative Action Act, which require public bodies to act lawfully, reasonably and fairly.

What TSC argued

The commission told the court that it issued the circular within its constitutional and legal mandate to regulate the teaching profession and to discipline teachers found guilty of misconduct. It maintained that the circular did not create new offences.

The court, however, held that lifting the orders at this stage could defeat the petition, which raises weighty questions on constitutional rights, public participation and the use of administrative power.

What happens next

The ruling is not a final decision on whether the circular is constitutional. That will be decided after the main petition is heard. According to TV47, the matter will be mentioned on 3 February 2027 for further directions.

Until then, teachers cannot be disciplined under the suspended circular, although TSC can still act on misconduct under existing laws and its code of conduct.

Photos: TV47 (TSC headquarters); Kenyans.co.ke/TSC (Acting TSC CEO Evaleen Mitei). Thumbnail design: HAMASTA MEDIA.