Professional Obligations Regarding Teachers' Public Expression

By Agnes Chepchumba


 In Kenya, several primary legal and regulatory documents outline a teacher’s professional obligations regarding speech, public expression, and communication:

1. TSC Code of Conduct and Ethics

(Enacted under the Public Officer Ethics Act)

This is the primary ethical framework for all registered public school teachers and Teachers Service Commission (TSC) staff. Key sections regarding speech and conduct include:

  • Section 7(4) (Conduct of Duties): Mandates that teachers maintain patient, dignified, and courteous communication with students, colleagues, and members of the public.

  • Section 19 (Misleading the Public): Strictly prohibits public officers from knowingly giving false, inaccurate, or misleading information to the public or fellow officers.

  • Section 14 (Private Affairs & Outside Conduct): Requires that non-official activities (including personal speech or online posts) do not compromise the dignity of the teaching profession or create conflicts of interest.

2. TSC Code of Regulations for Teachers (CORT)

(Issued pursuant to Section 47 of the Teachers Service Commission Act, No. 20 of 2012)

The CORT defines binding professional terms of service and administrative disciplinary offenses:

  • Regulation 187 (Disclosure and Use of Official Information): Prohibits teachers from disclosing, publishing, or sharing official school or government information without explicit administrative authorization.

  • Regulation 186 (Participation in Political Activities): Limits political speech and commentary while in active service to preserve public neutrality and political impartiality.

  • Chapter XIV (Discipline & Professional Misconduct): Identifies inciteful language, insubordination, defamatory statements, or conduct that brings the teaching service into disrepute as grounds for interdiction or disciplinary action.

3. Constitution of Kenya (2010)

  • Article 33 (Freedom of Expression): Grants the right to freedom of expression, but explicitly excludes hate speech, incitement to violence, advocacy of hatred, or defamation.

  • Article 75 (Conduct of State/Public Officers): Requires public servants to carry out their duties in a manner that respects public dignity and maintains public trust in the office.

4. Digital & Cyber Communication Laws

For speech on social media, messaging platforms, or digital networks, teachers are also subject to broader national legislation:

  • Computer Misuse and Cybercrimes Act (2018): Penalizes the dissemination of fake news, harassment, cyberbullying, or malicious hate speech online.

  • Data Protection Act (2019): Restricts sharing unauthorized photographs, videos, or personal data of students or staff online.
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