The Teachers Service Commission (TSC) has asked the court to lift an order suspending a circular outlining how teachers should conduct themselves on social media.
The commission has argued that the circular does not introduce new disciplinary offences or establish a new regulatory framework for teachers.
The dispute has drawn attention to the limits of the commission’s regulatory powers and the extent to which teachers’ conduct on digital platforms can be addressed under existing professional and legal rules.
TSC defends social media circular
During proceedings on Thursday, September 24, lawyer Jared Gekombe told the court that the circular did not create new offences or introduce fresh disciplinary rules.
The argument forms part of TSC’s attempt to have the order suspending implementation of the circular lifted.
The commission has maintained that the directive should be understood within its existing mandate to regulate the teaching profession rather than as an attempt to create new grounds for disciplining teachers.
The case comes amid wider debate over the conduct of public servants and professionals on social media, particularly where online activity may affect their professional responsibilities or the reputation of institutions.
Teachers have challenged the directive
The circular has faced opposition from teachers and their representatives, who have raised concerns about restrictions on their use of social media.
The Kenya National Union of Teachers (KNUT), through Secretary-General Collins Oyuu, has previously argued that any directive should specifically target conduct that breaches existing laws, including cybercrime legislation.
The debate has therefore centred on whether existing laws and professional regulations are sufficient to address inappropriate online conduct or whether additional restrictions are necessary.
Court order remains central
The current proceedings follow a court order that suspended the implementation of the TSC circular.
The commission is now seeking to have that order lifted, allowing it to proceed with the directive while the broader legal dispute is considered.
TSC’s position is that the circular does not establish a new set of disciplinary offences. Instead, the commission says it provides guidance within the regulatory framework governing teachers.
The distinction is significant because disciplinary action against teachers must remain within the commission’s legal mandate and applicable employment and professional regulations.
Digital conduct and professional responsibility
The dispute highlights the growing challenge facing professional regulators as social media becomes an increasingly important platform for communication.
Teachers, like other professionals, use platforms such as Facebook, X, TikTok and WhatsApp to communicate, share information and express opinions. At the same time, posts involving schools, learners, colleagues or government institutions can raise questions about confidentiality, professional ethics and legal obligations.
The issue is therefore not simply whether teachers should use social media, but where the boundaries lie between their personal online activity and professional responsibilities.
What happens next
The court will determine whether the order suspending the circular should remain in place as the legal challenge proceeds.
For the TSC, the outcome will also have implications for how it exercises its constitutional mandate to regulate the teaching profession in an environment where professional conduct increasingly extends into the digital space.
The case is likely to provide further clarity on the extent to which professional regulators can issue guidance on social media conduct and how such directives must be balanced against existing laws and the rights of those they regulate.
