KAMPALA, Uganda | The High Court of Uganda, presided over by Hon. Justice Esta Nambayo, has set aside the one-year suspension of Engineer Fredrick Mubiru by the Engineers Registration Board (ERB). The decision, delivered on December 2, 2024, directs the Engineers Board to conduct a fresh disciplinary hearing while adhering to principles of natural justice.

Background of the Case

The case stemmed from allegations of professional misconduct leveled against Engineer Mubiru by the National Building Review Board (NBRB). These allegations were related to the collapse of structures in Mpigi, Mbarara, and Wakiso districts. The Review Board referred the matter to the Engineers Board, which ultimately suspended Mubiru from practice for one year, starting July 3, 2024. Mubiru contested the decision, arguing that he was not accorded a fair hearing, a right guaranteed under Uganda’s Constitution.

Court’s Findings

In its assessment, the court found procedural flaws in the ERB’s disciplinary process. While Mubiru had been notified of the initial allegations and invited to respond, he failed to submit written responses or attend the scheduled disciplinary sessions, citing other professional commitments. Despite this, the court determined that the ERB’s handling of a third allegation—related to a wall collapse at a fuel station in Wakiso that resulted in fatalities—fell short of the required standard of fairness. The ERB had not given Mubiru an opportunity to respond to this allegation before deciding to suspend him, a move the court deemed a violation of his right to be heard.

Justice Nambayo emphasized that decisions affecting professional reputations and livelihoods must be grounded in procedural fairness. She ordered the ERB to reschedule a proper hearing, ensuring Mubiru has the opportunity to respond to all allegations comprehensively. However, the court declined to award damages or costs to Mubiru, citing his own failure to comply with the ERB’s earlier directives.

This ruling emphasizes the need for regulatory bodies to strictly observe principles of fairness and procedural integrity when handling disciplinary matters. The ERB is now tasked with conducting a fresh hearing that meets these standards, allowing Mubiru to fully address the claims against him.