Teachers Service Commission (TSC) headquarters in Upper Hill, Nairobi.
Teachers' union officials have condemned a directive by the employer preventing them from participating in union activities during the term.
They say it is as unconstitutional as it is a violation of their fundamental rights.
In an internal memo addressed to regional, county and sub-county directors, the Teachers Service Commission (TSC) instructed education officials across the country to ensure that all schools are free from union-related or social activities during the term.
The circular, sent to all field offices, also urged administrators to strictly oversee learning institutions to ensure they remain focused on academic programmes and that no external activities, particularly those related to union politics, disrupt the school environment.
“No social activities, such as union campaigns, take place in schools during working hours or at any time in a way that disrupts learning, exam preparation, and management,” read the circular.
TSC Acting CEO Evaleen Mitei.
The directive comes just months ahead of the Kenya Union of Post-Primary Education Teachers (Kuppet) elections, which are scheduled for January 2026.
Kuppet Vihiga Branch Executive Secretary Sabala Inyeni said it is unconstitutional and completely uncalled for, terming it an infringement on the liberal and democratic rights of teachers.
“When teachers go to schools, they are not disrupting or interfering with any learning activities — they are simply exercising their rights as citizens and professionals. It is, therefore, very wrong for the TSC to issue directives that participants should not do so. I hope this is not a gag to control who wins the elections,” said Mr Inyeni.
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Mr Inyeni further emphasised the need to uphold teachers’ constitutional rights of association and participation, warning against any attempts to influence or control the ongoing union elections.
“They also need to respect the constitutional rights of association, participation, and campaigning. Every teacher has a right to express themselves freely and take part in union or professional activities without fear of intimidation or victimization. We have already seen the register has been issued, and we hope this is not part of a wider plan to gag teachers or control who gets to be elected. That would amount to interference with a democratic process, and we will not allow that. Teachers must be free to choose their leaders without undue influence,” he said.
Kisii Branch Executive Secretary Abincha Joseph said the directive came as a surprise, especially since the Registrar of Trade Unions had already issued timelines for the upcoming KUPPET elections scheduled to begin in January.
He said the decision was ill-timed and unfair to teachers who have a constitutional right to engage with their representatives and express their concerns.
“We are dealing with teachers. When you are talking to teachers, they need to visit their teachers and tell them, and the teachers need to tell them their problems. When are they supposed to get them?” he posed.
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Mr Abincha further said that TSC has no mandate to issue such directions or to restrict teachers from taking part in union elections. He further noted that union activities have always coexisted with the school calendar without disruption.
“It is not the TSC mandate to give directions and tell teachers not to compete. Teachers are not interfering with anything—not the national exams. This thing has been there for many years. So we are not in support of that. Because these teachers finish doing exams, they go to marking. This is the shortest term. When are they supposed to get these people to talk to them?” he said.
Laikipia County branch KUPPET Executive Secretary Robert Miano said the directive should only be observed during the examination period. However, he noted that since national exams are yet to begin, there was no valid reason to stop union officials from visiting schools and interacting with teachers.
“If there are no exams taking place until the 20th, then we should be allowed to continue with our campaigns. Otherwise, that would amount to an infringement of our rights. Once the exams begin, we will respect that and find alternative ways to reach teachers,” he said.
