Court upholds suspension of TSC social media circular over free speech concerns
Election
Originally published by Kahawatungu — Read the original article →
The High Court has declined to lift orders suspending the implementation of a Teachers Service Commission (TSC) circular regulating teachers’ conduct on social media, ruling that the petition challenging the guidelines raises substantial constitutional questions.
In its ruling, the court dismissed TSC’s application seeking to set aside the conservatory orders, finding that petitioner Fredrick Ochieng Oduor had established a prima facie case that the circular could infringe teachers’ constitutional right to freedom of expression.
The judge observed that the circular did not sufficiently define the online conduct that could expose teachers to disciplinary action, potentially granting the commission excessive discretion in enforcing the restrictions.