TSC Social Media Circular: High Court Refuses to Lift Orders Blocking It

The High Court in Kiambu has declined to lift the orders that suspend the Teachers Service Commission’s circular on teachers’ conduct on social media. Until the petition against the circular is decided, TSC cannot implement it. The ruling is not a final decision on whether the circular is lawful.

What the circular says

TSC Circular No. 14/2026 is dated 13 August 2026 and was signed by acting CEO Evaleen Mitei. It is titled “Prohibition of Unprofessional Conduct on Social Media Platforms and Cyberbullying” and is addressed to TSC regional and county directors and to teachers. It warns teachers against cyberbullying, harassment, intimidation and sharing offensive content, and says offenders can face disciplinary action under the TSC Act, the Code of Regulations for Teachers and other laws.

TSC said it acted because of a rise in cases of teachers allegedly behaving unprofessionally online.

How the case has unfolded

The petition names TSC, the Cabinet Secretary for Education, the Principal Secretary for Basic Education and the Attorney General. It argues the circular infringes teachers’ freedom of expression and was issued without adequate consultation with teachers and their unions.

What the court found

In declining to lift the orders, the court found the petitioner had established a prima facie case, meaning an arguable case that needs a full hearing. It said the circular could infringe teachers’ constitutional right to freedom of expression because it was vague and restrictive, and that it did not clearly explain which posts or online behaviour could lead to discipline.

The court also said that lifting the orders now would undermine the petition, which raises significant questions about constitutional rights, public participation and how administrative power is used. It observed that any restriction on freedom of expression must have a legal basis and meet the reasonableness and proportionality test in Article 24 of the Constitution.

The judge advised TSC to draw up clear, specific guidelines on teachers’ online conduct instead of relying on broad restrictions in an administrative circular, and noted that existing law and professional regulations already provide ways to deal with misconduct.

What the ruling does not mean

The ruling keeps Circular 14/2026 suspended, so TSC cannot enforce it while the petition is pending. The court noted that existing law and professional regulations already provide ways of dealing with misconduct among teachers. TSC has said teachers remain bound by the relevant regulations whether or not the circular is in force.

In practice, a teacher who engages in cyberbullying, harassment or other conduct already covered by the TSC Act, the Code of Regulations for Teachers or other laws is not protected by this ruling. If you face an actual disciplinary matter, speak to your union or a lawyer. This article is not legal advice.

The petition still has to be heard and decided on its merits. Until then the conservatory orders stand and the circular cannot be enforced. TSC could also respond by issuing more specific guidelines, as the court suggested, but it has not announced that.

KNUT Secretary General Collins Oyuu has argued that TSC’s directive should specifically target teachers who breach cybercrime laws. KUPPET National Chairman Omboko Milemba backed the August suspension and called for responsible social media use alongside protection of teachers’ freedom of expression.

Read Also: TSC New Career Progression Guidelines: Classroom Teacher to Chief Principal (2027 Reforms)

Frequently asked questions

Is Circular 14/2026 cancelled?
No. It is suspended while the petition is heard.

Can TSC discipline a teacher for social media conduct now?
The circular cannot be enforced, but the TSC Act, the Code of Regulations for Teachers and other laws still apply to teacher misconduct.

Has the court decided the circular is unconstitutional?
No. It found an arguable case and kept the orders in place.