TSC Social Media Circular for Teachers: What Circular No. 14/2026 Says and Where the Court Case Stands

TSC Social Media Circular for Teachers: What Circular No. 14/2026 Says and Where the Court Case Stands.

The Teachers Service Commission (TSC) is fighting in court to bring back a circular that told teachers how they must behave on social media. A High Court judge suspended the directive in August 2026 after a teacher challenged it, and TSC now wants that suspension lifted. A ruling is due on October 15, 2026.

Here is what the circular actually requires, why it was suspended, and what it means for teachers right now while the case is still open.

Quick Answer: Is the TSC Social Media Circular in Force Right Now?

No. As of late September 2026, Circular No. 14/2026 remains suspended under conservatory orders issued by the High Court in Kiambu. TSC cannot enforce it while the case is pending. However, TSC has told the court that teachers’ existing obligations under the TSC Act, the Code of Regulations for Teachers, and the Code of Conduct and Ethics for Teachers were never suspended — only the specific circular is on hold. Judge Francis Nyungu Kyambia is expected to rule on TSC’s application to lift the suspension on October 15, 2026.

What the Circular Actually Says

TSC issued Circular No. 14/2026 on August 13, 2026, titled “Prohibition of Unprofessional Conduct on Social Media Platforms and Cyberbullying.” It was addressed to TSC regional directors, county directors and all teachers nationally.

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Acting TSC Chief Executive Officer Evaleen Mitei said the commission had observed a rise in teachers engaging in unprofessional behaviour online, including:

• Cyberbullying and harassment
• Intimidation of colleagues, learners or members of the public
• Dissemination of offensive content
• Other conduct the commission considered damaging to the dignity of the profession

The circular did not create a new disciplinary category on its own. Instead, it stated that any teacher found engaging in cyberbullying or unprofessional online conduct would face disciplinary measures under laws and regulations that already exist:

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Mitei specifically noted that Article 33 protects freedom of expression but does not protect propaganda for war, incitement to violence, hate speech, or ethnic vilification — language the commission used to justify the restrictions.

Why a Teacher Went to Court

A teacher, Fredrick Ochieng Oduory, filed a constitutional petition challenging the circular days after it was issued. The petition argued that the directive used vague, open-ended language that could give TSC broad discretion to decide what counts as “unprofessional” online expression — a standard the petitioner said was too uncertain to be fairly enforced and risked chilling teachers’ constitutionally protected speech.

Justice Francis Nyungu Kyambia certified the petition as urgent and, on August 21, 2026, issued conservatory orders suspending the circular’s implementation pending a full hearing.

Teacher Unions Are Split

The two main teacher unions have taken different positions publicly:

• KUPPET (Kenya Union of Post Primary Education Teachers): National Chairman Omboko Milemba welcomed the court’s suspension, saying teachers should not face unnecessary restrictions or micromanagement over how they use digital platforms.
• KNUT (Kenya National Union of Teachers): Secretary-General Collins Oyuu did not oppose regulating misconduct outright, but argued the circular’s blanket wording risked penalising teachers simply for having a visible online presence, rather than targeting actual misuse. KNUT asked TSC to clarify that discipline should follow misuse of social media, not social media use itself.

Head teacher associations have generally supported some form of restriction. Kenya Primary Schools Heads Association (KEPSHA) chairperson Fuad Ali argued teachers should balance free expression against professional responsibility, particularly around posting images of learners without parental consent.

TSC’s Case for Lifting the Suspension

In the application now before Justice Kyambia, TSC’s lawyer, Jared Gekombe, argued that:

• The circular does not create a new disciplinary offence or a separate process for punishing teachers.
• It merely restates obligations teachers already have under existing law and the teaching profession’s code of ethics.
• Continued suspension creates confusion among teachers about whether professional conduct rules still apply to their online behaviour.
• Prolonging the suspension undermines TSC’s constitutional and statutory mandate to regulate the teaching profession.

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Petitioners’ lawyers opposing the application told the court that TSC still has to meet the legal threshold required to have conservatory orders discharged, and urged the judge to weigh the public interest and the constitutional questions raised — namely, whether the circular’s wording is precise enough to be enforced fairly.

Timeline of Events

What This Means for Teachers Right Now

Because the circular itself is suspended, TSC cannot currently discipline a teacher solely by citing Circular No. 14/2026. That said, the suspension does not repeal the underlying legal framework. Teachers remain bound by:

• The TSC Act and Code of Regulations for Teachers
• The Code of Conduct and Ethics for Teachers, 2015
• General Kenyan law, including the Computer Misuse and Cybercrimes Act and Data Protection Act

In practice, this means conduct that was already a disciplinary offence before August 13, 2026 — such as harassment of a colleague, sharing a learner’s image without consent, or posting content that amounts to hate speech — can still be pursued under those existing instruments, independent of the suspended circular.

TSC has previously used its powers under Section 30(1)(e) of the TSC Act to deregister teachers for misconduct following disciplinary proceedings, a reminder that the commission’s underlying disciplinary authority does not depend on this one circular.

What teachers should watch for:

1. The October 15 ruling. If the judge lifts the conservatory orders, Circular No. 14/2026 becomes enforceable again immediately, pending the outcome of the main petition.
2. The main petition itself. Even if TSC succeeds in getting the suspension lifted, the constitutional challenge to the circular’s wording still has to be heard and decided.
3. Any revised or clarified circular. Given KNUT’s public request for TSC to narrow the language, a revised version addressing vagueness concerns is plausible regardless of how the case ends.

Frequently Asked Questions

Is TSC Circular No. 14/2026 currently enforceable?
No. It remains suspended under High Court conservatory orders as of late September 2026, pending the judge’s ruling on TSC’s application to lift the suspension.

Can TSC still discipline a teacher for social media conduct while the circular is suspended?
TSC cannot rely on the circular itself, but it can still act under the TSC Act, the Code of Regulations for Teachers, and the Code of Conduct and Ethics for Teachers, all of which predate the circular and were not suspended by the court.

What was the teacher’s main objection to the circular?
That its wording on what counts as “unprofessional” online conduct was vague enough to give TSC broad discretion, raising a constitutional concern about fair enforcement and freedom of expression under Article 33.

When will the case be decided?
Justice Francis Nyungu Kyambia is expected to rule on TSC’s application to lift the conservatory orders on October 15, 2026. That ruling addresses only the suspension — the full constitutional petition may take longer to conclude.

Do the unions support the circular?
They’re split. KUPPET has backed the court’s suspension and opposes what it calls unnecessary restriction. KNUT hasn’t rejected regulation outright but wants clearer wording that targets misuse rather than social media use itself.

TSC Social Media Circular for Teachers: What Circular No. 14/2026 Says and Where the Court Case Stands.

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