The High Court has kept the suspension of TSC’s disputed social media circular in force.
The court rejected TSC’s bid to lift suspension orders, citing constitutional concerns over unclear restrictions on teachers’ online conduct.
The High Court has rejected an application to lift orders suspending TSC social media rules for teachers. The Teachers Service Commission cannot enforce the disputed circular while the conservatory orders remain in force.
The court found that petitioner Fredrick Ochieng Oduory had established an arguable case over teachers’ freedom of expression. However, the ruling does not settle the circular’s constitutionality, which remains subject to the substantive petition.
Court questions clarity of TSC social media rules
The court found that the circular did not clearly identify online conduct that could trigger disciplinary action. As a result, the judge warned, teachers could face arbitrary enforcement of its vague and restrictive provisions.
Instead of blanket restrictions through an administrative circular, the court advised TSC to develop clear, specific guidelines. It also noted that existing laws already provide mechanisms to address professional misconduct among teachers.
The judge stressed that any restriction on freedom of expression must have a legal basis. In addition, it must meet Article 24’s constitutional requirements of reasonableness and proportionality.
These concerns raised questions about both the need for the disputed restrictions and their scope. The court therefore declined to remove the protections in place while the petition proceeds.
Consultation and administrative powers under scrutiny
The petition also alleges that TSC issued the circular without public participation or consultation with teachers and other affected stakeholders. The court observed that the commission had not disputed the absence of stakeholder consultation.
That omission raised concerns about compliance with Article 47 of the Constitution and the Fair Administrative Action Act. Article 47 guarantees the right to fair administrative action.
TSC, however, defended the directive as part of its constitutional and statutory role in regulating the teaching profession. The commission argued that its mandate includes disciplining teachers who engage in misconduct.
The court found that lifting the orders would undermine a petition raising substantial constitutional questions. Those questions concern freedom of expression, public participation and the exercise of administrative authority.
The matter will return to court on February 3, 2027, for further directions. Meanwhile, parties yet to file responses must do so before that appearance.
Abdihakim Guyyo, Brance Odhiambo, Rajab Shaaban and Abdul Nassir represented the petitioner.
