The High Court in Kiambu has heard arguments on an application by the Teachers Service Commission (TSC) seeking to set aside conservatory orders suspending the implementation of a circular warning teachers against unprofessional conduct on social media.
TSC’s lawyer Jared Gekombe argued that the circular does not create any new disciplinary offence or procedure but merely reminds teachers of existing constitutional and statutory obligations governing their conduct.
Gekombe told the court that the circular refers to provisions of the Constitution, the Teachers Service Commission Act, the Code of Conduct and Ethics for Teachers, the Leadership and Integrity Act, the Computer Misuse and Cybercrimes Act and the Data Protection Act. He argued that the circular particularly reminds teachers against cyberbullying, harassment, intimidation, hate speech, incitement to violence and other unlawful online conduct.
According to Gekombe, the circular also makes clear that any disciplinary action against a teacher would continue to be undertaken under the existing TSC Act, regulations and code of ethics. He urged the court to discharge the conservatory orders, arguing that their continued existence had created confusion, with teachers potentially interpreting them as protection from disciplinary action over conduct on social media.
The lawyer likened the circular to a road sign that merely warns motorists of an upcoming road bump, arguing that removing the sign does not remove the underlying road hazard.
Opposing the application, lawyers Abdul Nassir, Rajab Shaban, Brance Odhiambo, Hakeem Guyyo argued that TSC had to satisfy the legal threshold for lifting conservatory orders. Lawyer Nassir cited the Supreme Court decision in Gatirau Peter Munya v Dickson Mwenda Kithinji and Others, arguing that conservatory orders are public remedies intended to preserve the subject matter of a dispute.
He said the court should consider whether TSC had established a prima facie case, the prejudice it would suffer if the orders remained in place, the constitutional values implicated and the public interest before deciding whether to discharge the orders. Hakeem Guyyo argued that TSC is a constitutional commission established under Article 237 of the Constitution and has a mandate to promote constitutionalism.
Justice Francis Nyungu Kyambia is expected to give a ruling on 15th October, 2026.
