Teachers across the country can now keep using social media without risking punishment from their employer, after a High Court judge put a stop to a Teachers Service Commission (TSC) directive that had sought to police their online conduct.
Justice Francis Nyungu Kyambia granted a conservatory order on Friday, August 21, halting TSC Circular No. 14/2026, issued on August 13, which had targeted what the commission called unprofessional behaviour and cyberbullying by teachers on social media.
The order takes immediate effect and will remain in place pending the hearing and determination of a constitutional petition filed against the circular.
The case was brought by teacher Fredrick Ochieng Oduory, represented by Abdulrasil Mohamed of Nassir A. and Associates Advocates, who told the court the directive infringed on teachers’ constitutionally guaranteed right to freedom of expression.
“Teaching is one of the most noble professions one can pursue. Teachers selflessly impart knowledge and shape generations,” the lawyers told the court.
The TSC had flagged teachers sharing images, videos or personal details of learners online without first obtaining parental consent, something the commission warned could run afoul of data protection law.
Beyond that, TSC pointed to a growing number of cases where teachers were accused of bullying, harassing or intimidating others online, or posting hateful and offensive material, conduct it worried was tarnishing the public image of the profession.
Anyone found responsible, the commission had warned, could be disciplined under the TSC Act and the Code of Regulations for Teachers.
Oduory, however, argued the circular imposed a vague, blanket restriction without pointing to specific incidents of misconduct, effectively allowing the commission to act as complainant, prosecutor and judge all at once.
He further argued the directive had been rolled out without consulting teachers’ unions, specifically naming the Kenya National Union of Teachers (KNUT) and the Kenya Union of Post Primary Education Teachers (KUPPET) as bodies that should have been engaged beforehand, and that it created a chilling effect on teachers’ constitutional rights.
“The first respondent cannot, through an administrative circular, impose restrictions upon constitutionally protected expression beyond what is authorised by law,” his lawyers submitted.
According to the petition, the restrictions could affect the freedom of expression of more than 300,000 teachers nationwide, and Oduory has asked the court to declare the circular unconstitutional, citing breaches of Articles 10, 21, 22, 24, 27, 28, 33, 47 and 259, as well as a failure to meet the consultation requirements of the Statutory Instruments Act and the fair hearing standards set out in Article 47 and the Fair Administrative Action Act.
Rather than a blanket restriction, Oduory argued that teachers found to have genuinely misused social media should be held accountable through lawful disciplinary or judicial processes, not broad, pre-emptive limits on their online activity.
Justice Kyambia has directed TSC, the Cabinet Secretary for Education, the Principal Secretary for Basic Education and the Attorney General to file and serve their responses to the petition within seven days, after which Oduory will have a further seven days to reply, followed by another seven days for the respondents to make their final submissions.
The matter has been scheduled for hearing on September 21, 2026, when the court will consider the constitutional questions raised over the limits of TSC’s authority to regulate teachers’ conduct online.
KUPPET has publicly backed the suspension, with the union arguing that teachers are professionals capable of using social media responsibly without excessive control from their employer.
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