KIAMBU, Kenya — The Teachers Service Commission (TSC) has asked the High Court in Kiambu to lift conservatory orders suspending implementation of a circular warning teachers against unprofessional conduct on social media.
TSC lawyer Jared Gekombe told the court that the circular does not create new disciplinary offences or procedures, but merely reminds teachers of legal and ethical obligations that already apply to them.
The application is opposed by lawyers representing the teachers, who argue that TSC has not met the legal threshold required for the court to discharge the conservatory orders.
TSC Says Circular Does Not Create New Offences
Gekombe argued that the circular simply restates obligations contained in existing laws and professional rules governing teachers’ conduct.
He said the circular refers to provisions of the Constitution, Teachers Service Commission Act, Code of Conduct and Ethics for Teachers, Leadership and Integrity Act, Computer Misuse and Cybercrimes Act and Data Protection Act.
The lawyer said the circular particularly reminds teachers against cyberbullying, harassment, intimidation, hate speech, incitement to violence and other unlawful conduct online.
Existing Disciplinary Procedures Remain
According to Gekombe, the circular does not establish a separate disciplinary process for social media activity.
He said any disciplinary action against a teacher would continue to be taken under the existing TSC Act, regulations and Code of Conduct and Ethics for Teachers.
TSC wants the conservatory orders lifted, arguing that their continued existence has created confusion among teachers.
Gekombe said some teachers could interpret the orders as protecting them from disciplinary action over social media conduct.
TSC Compares Circular to Road Sign
The TSC lawyer likened the circular to a road sign warning motorists of an upcoming hazard.
He argued that removing the warning does not eliminate the underlying danger, similarly suggesting that suspending the circular does not remove the legal obligations governing teachers’ online conduct.
The commission is therefore asking the court to allow implementation of the guidance while the wider dispute continues.
Teachers Oppose Application
Lawyers Abdul Nassir, Rajab Shaban, Brance Odhiambo and Hakeem Guyo opposed TSC’s application.
Nassir argued that the commission must first satisfy the legal threshold for lifting conservatory orders.
He relied on the Supreme Court decision in Gatirau Peter Munya v Dickson Mwenda Kithinji and Others, which addressed the principles governing conservatory orders.
Nassir told the court that such orders are public-law remedies intended to preserve the subject matter of a dispute pending its determination.
Court Asked to Consider Public Interest
Nassir argued that the court should consider several factors before deciding whether to discharge the orders.
These include whether TSC has established a prima facie case, the prejudice the commission would suffer if the orders remain in force, the constitutional values implicated and the wider public interest.
The lawyers therefore urged the court to maintain the orders until the substantive issues surrounding the circular are determined.
TSC’s Constitutional Mandate Questioned
Guyo also argued that TSC is a constitutional commission established under Article 237 of the Constitution and has a mandate that includes promoting constitutionalism.
The argument places the dispute within a broader question about the extent to which TSC can regulate teachers’ conduct on social media through administrative guidance and existing legal obligations.
The court will ultimately have to determine whether the conservatory orders should remain in place pending determination of the underlying dispute.
Justice Francis Nyungu Kyambia is expected to deliver a ruling on the application on October 15, 2026.
