High Court blocks TSC from enforcing social media rules for teachers

On October 29, the High Court in Kenya rejected a request by the Teachers Service Commission (TSC) to lift the orders suspending the enforcement of a circular governing teachers' behavior on social media. The court upheld the interim orders, finding that the petitioners had established a strong case that the circular could infringe on teachers' constitutional right to freedom of expression due to its ambiguous and restrictive language.

The judge pointed out that the guidelines did not clearly define what online actions could lead to disciplinary action against teachers, potentially exposing them to arbitrary enforcement. The court warned that the lack of precise definitions could result in unfair treatment of teachers. Instead of imposing broad restrictions through an administrative circular, the court advised the TSC to create clear and specific guidelines regarding teachers' online conduct, questioning the necessity and scope of these limitations.

Additionally, the court emphasized that any infringement on freedom of expression must be legally justified and proportionate to the constitutional threshold outlined in Article 24 of the Kenyan Constitution. The petition also challenged the circular on the grounds that the commission failed to consult teachers and other stakeholders before implementing the directive, raising concerns about compliance with Article 47 of the Constitution and the Fair Administrative Action Act.

The TSC defended the circular, stating that it was issued within its constitutional and statutory authority to regulate the teaching profession and discipline teachers involved in misconduct. However, the court determined that lifting the interim orders would be detrimental to the petition, which raises significant constitutional issues regarding freedom of expression, public participation, and the exercise of administrative authority.

As a result, the TSC cannot implement the disputed circular while the interim orders remain in place, pending the resolution of the substantive petition. The court's decision did not conclusively rule on the circular's constitutionality; a final determination is expected on February 3, 2027, for further directions. The court instructed parties who have not submitted their responses to the petition to do so before their next court appearance.