The High Court in Kiambu has suspended the implementation of a Teachers Service Commission circular restricting teachers’ conduct on social media, including cyberbullying and other forms of alleged online misconduct.
Justice Francis Nyungu Kyambia issued the conservatory order on Friday, August 21, 2026, after certifying as urgent a constitutional petition filed by teacher Fredrick Ochieng Oduory challenging Circular No. 14/2026 dated August 13, 2026.
The circular, issued by the acting TSC secretary and chief executive officer, was titled “Prohibition of Unprofessional Conduct on Social Media Platforms and Cyberbullying” and was addressed to all TSC regional directors, county directors and teachers.
In suspending its implementation, the court directed that the conservatory order take effect immediately pending the hearing and determination of the application. The court has given the TSC, the Cabinet Secretary for Education, the Principal Secretary for Basic Education and the Attorney General seven days to file and serve their responses to the petition. Oduory will then have seven days to file any further affidavit and submissions, after which the respondents will have another seven days to file their submissions.
The disputed circular stated that the commission had observed an increase in cases of teachers allegedly engaging in unprofessional behaviour on social media, including cyberbullying, harassment, intimidation, dissemination of offensive content and other forms of online misconduct. It relied on several constitutional and statutory provisions, including Article 33 on freedom of expression, Article 31 on privacy and Article 53 on the best interests of the child.
The TSC also cited the Computer Misuse and Cybercrimes Act, the Data Protection Act, the Leadership and Integrity Act and the Code of Conduct and Ethics for Teachers. The commission warned that teachers found engaging in cyberbullying or unprofessional conduct on social media could face disciplinary action under the TSC Act, the Code of Regulations for Teachers and other applicable laws.
However, Oduory argues that the circular goes beyond the commission’s lawful mandate by imposing broad and undefined restrictions on teachers’ online expression.
Through Nassir A. and Associates Advocates, he argues that the circular is unconstitutional, null and void, saying it creates vague standards that could allow the TSC to determine what constitutes prohibited expression and impose disciplinary consequences. He further argues that the circular was introduced without the consultation required under the Statutory Instruments Act and without giving affected teachers an opportunity to be heard as required by Article 47 of the Constitution and the Fair Administrative Action Act.
According to the petition, the restrictions also unfairly single out teachers and could have a chilling effect on the constitutional right to freedom of expression of more than 300,000 teachers. Oduory had asked the court to declare that the circular violates several constitutional provisions, including Articles 10, 21, 22, 24, 27, 28, 33, 47 and 259.
The High Court will return to the matter on September 21 when it is expected to hear the application challenging the TSC circular.
