The Teachers Service Commission (TSC) has urged the High Court to lift orders suspending its controversial circular on teachers’ conduct on social media, arguing that the directive merely restates professional obligations that have existed for years.
Appearing before Justice Francis Nyungu Kyambia, the commission said Circular No 14 of 2026 was issued lawfully and in good faith to remind teachers of standards already contained in the Constitution, the Teachers Service Commission Act, the Code of Regulations for Teachers and the Code of Conduct and Ethics for Teachers (COCE).
Lawyer Jared Gekombe told the court that the circular did not introduce new disciplinary offences or establish a fresh regulatory framework.
“The second respondent/applicant has substantial and arguable grounds demonstrating that the impugned circular was issued lawfully, in good faith and pursuant to its express constitutional and statutory obligations,” Mr Gekombe said.
The acting Chief Executive Officer of the Teachers Service Commission (TSC) Evaleen Mitei before the National Assembly Departmental Committee on Education.
Photo credit: Dennis Onsongo| Nation Media Group
He argued that continued suspension of the circular would undermine TSC’s ability to discharge its constitutional mandate and create uncertainty within the teaching profession.
According to the commission, the circular simply reminds teachers of obligations that already exist under law, including requirements on professionalism, integrity, learner protection and responsible conduct online.
He pointed to Regulation 24 of the Code of Conduct and Ethics for Teachers, which prohibits bullying, abusive conduct and offensive behaviour towards colleagues and members of the public, arguing that cyberbullying is simply a digital form of conduct already outlawed.
“The circular serves a legitimate and compelling public interest by preserving standards within the teaching service, protecting learners and maintaining public confidence in education institutions and teaching service,” he said.
TSC acting Chief Executive Officer Evaleen Mitei, in an affidavit, said the circular was intended to remind teachers of their constitutional and professional obligations relating to integrity, professionalism, learner protection, public trust and responsible use of digital platforms.
According to the commission, teachers remain bound by the relevant laws and regulations regardless of whether the circular remains in force.
TSC further argued that the conservatory orders had created confusion within the teaching service and among members of the public, with some interpreting the suspension as a relaxation of professional standards governing online conduct.
The commission warned that the misunderstanding could weaken public confidence in its constitutional role as the regulator of the teaching profession.
Ms Mitei told the court that the circular was prompted by increasing concerns over cyberbullying, harassment, abusive communication and dissemination of inappropriate content online, including attacks against colleagues and conduct capable of undermining public confidence in teachers and educational institutions.
She maintained that the directive was a professional guidance instrument and not an attempt to suppress legitimate expression.
“The circular is the messenger, not the message. The circular is the signpost. The law remains the road,” Mr Gekombe said.
The circular, titled “Prohibition of Unprofessional Conduct on Social Media Platforms and Cyberbullying,” was issued on August 13, 2026 and circulated to Teachers Service Directors, County Directors and teachers across the country.
Its implementation was suspended after a teacher, Fredrick Ochieng Oduory, moved to court, arguing that the directive amounted to an attempt by the TSC to police teachers’ use of social media and infringed on their constitutional rights.
“The aforesaid circular is generally meant to limit teachers' fundamental right to expression as guaranteed under Article 33 of the Constitution,” Mr Oduory states in court documents.
He argued that the directive unlawfully grants TSC powers to determine and punish teachers’ social media conduct, a role he says should be left to courts and other legally established bodies.
The petitioner further contends that the circular seeks to limit freedom of expression without meeting the constitutional threshold set out under Article 24 and fails to clearly define what constitutes “unprofessional conduct” online.
He also claims that the directive was issued without consulting teachers, the Kenya National Union of Teachers (Knut) or other stakeholders.
Mr Oduory says the circular has created fear among teachers that lawful expression and participation in public discourse could expose them to disciplinary action, producing a chilling effect on constitutional freedoms.
