Court rejects TSC bid to enforce restrictions on teachers’ social media use

Court rejects TSC bid to enforce restrictions on teachers’ social media use

The court ruled that the petition raises substantial questions about freedom of expression, public participation and the commission’s exercise of its disciplinary powers over teachers.

The High Court in Kiambu has rejected an application by the Teachers Service Commission (TSC) to lift orders suspending a circular regulating teachers’ conduct on social media.

This leaves the restrictions on its implementation in place as a constitutional challenge proceeds.

The court ruled that the petition raises substantial questions about freedom of expression, public participation and the commission’s exercise of its disciplinary powers over teachers.

In dismissing the application, the judge found that the petitioner had established a prima facie case that the circular could expose teachers to disciplinary action under unclear and potentially restrictive rules governing their online activities.

The court questioned the adequacy of the guidelines, noting that teachers had not been given sufficient clarity on the kind of social media posts or online behaviour that could attract sanctions.

“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 judge observed.

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The court warned that such uncertainty could leave the commission with excessive discretion in determining what amounts to misconduct on social media.

The judge further indicated that TSC should develop clear and specific guidelines on teachers’ online conduct instead of relying on broad restrictions contained in an administrative circular.

The court noted that existing laws already provide mechanisms for disciplining teachers who engage in professional misconduct, whether online or offline, and that alleged violations could be assessed on a case-by-case basis.

It also stressed that any restriction on freedom of expression must satisfy Article 24 of the Constitution, which requires limitations on fundamental rights to be reasonable, justifiable and proportionate.

The petitioner had challenged the circular, arguing that it was introduced without public participation or consultation with teachers and other affected stakeholders.

On this issue, the court noted that TSC had not disputed the absence of stakeholder consultations before the circular was formulated and issued.

This raised questions about whether the commission had complied with Article 47 of the Constitution and the Fair Administrative Action Act, which govern fair administrative decision-making.

TSC had urged the court to lift the conservatory orders, arguing that the circular was issued within its constitutional and statutory mandate to regulate the teaching profession and discipline teachers for misconduct.

However, the court found that lifting the orders at this stage would undermine the petition, which seeks to determine whether the commission acted lawfully and respected teachers’ constitutional rights.

The dismissal means the suspension of the circular’s implementation will remain in force pending further proceedings in the case.

The matter will be mentioned on February 3, 2027, for further directions on the hearing of the petition. The court also directed parties who have yet to file their responses to do so before the next court appearance.