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Court suspends TSC circular restricting teachers’ social media use
22nd August, 2026 10:20 AM
The Kiambu High Court has issued a conservatory order restraining the Teachers Service Commission (TSC) from implementing a circular banning teachers from using social media.
The interim order came after a petitioner moved to court to challenge a circular released to teachers by TSC on August 13, 2026, titled ‘Prohibition of Unprofessional Conduct on Social Media Platforms and Cyberbullying’.
Justice Francis Kyambia, on Friday, August 21, 2026, restrained TSC from actualising the said circular pending the hearing of the petition filed to challenge it.
“That pending the hearing of the notice of motion on September 21, 2026, a conservatory order be and is hereby issued suspending the implementation of Circular No. 14/2026 dated August 13, 2026, issued bythe acting Chief Executive Officer of Teachers Service Commission to teachers service directors,county directors and all teachers under the title prohibition of unprofessional conduct on social media platforms and cyber bullying,” Judge Kyambia ordered.
According to the petitioner, the said circular is meant to limit teachers’ fundamental right to expression as guaranteed under Article 33 of the Constitution of Kenya, 2010.
He avers that the TSC circular directly assumes powers of adjudication and sanction over teachers’ conduct on social media, a role properly and exclusively reserved for courts of law and other bodies established by law, and does so through vague and undefined standards that fail the test of legality under Article 24(1)(a) of the Constitution.
Notably, he argues that the said circular purports to regulate and police the manner in which teachers use social media platforms and express themselves therein and threatens disciplinary consequences for conduct falling within broad and undefined categories.
Further, the petitioner cites that issues he raises are weighty constitutional questions touching on the supremacy of the Constitution and freedom of expression in educational institutions, which require immediate judicial protection and intervention to prevent further violations.
The matter will be heard on September 21, 2026.
