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Court overturns suspension of engineer accused of superintending collapsed buildings

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Court overturns suspension of engineer accused of superintending collapsed buildings
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The High Court in Kampala has overturned a one-year suspension issued against Engineer Fredrick Mubiru by the Engineers’ Registration Board, citing a violation of his constitutional right to a fair hearing.

The suspension had stemmed from allegations of professional misconduct related to three structural failures, including collapse of a retaining wall at Goodluck Oil fuel station at Ndejje Kanyanya cell, in Makindye Ssabagabo Municipality.

In a ruling delivered by Justice Esta Nambayo, the court found that the engineer registration board acted unlawfully in condemning Mubiru over the Makindye Sabagabo incident without granting him an opportunity to present his defense.

The wall collapse killed five people and prompted a probe by the National Building Review Board.

The body later referred the matter to the Engineers’ Registration Board for disciplinary action.

Mubiru, whose suspension took effect on July 3, 2024, appealed the decision, arguing that the Engineer’s registration board failed to follow due process.

His lawyers asserted that while he had been notified of earlier allegations in Mpigi and Mbarara districts, he was never formally summoned to respond to the Wakiso case, probably the most serious of the charges against him.

The court agreed with Mubiru’s arguments, with Justice Nambayo ruling that the Engineers Registration Board had “acted in violation of the rules of natural justice” by making a decision without hearing Mubiru’s side.

The judge emphasized that every accused person has the right to defend themselves, particularly when facing allegations with severe consequences for their professional standing.

However, the court stopped short of awarding Mubiru the shs300 million in damages he had sought, noting his lack of cooperation in responding to earlier disciplinary actions. Mubiru had previously failed to attend hearings on the Mpigi and Mbarara cases, citing conflicting work obligations.

“I find that the Board did not give the Appellant a chance to be heard in the last allegation against him. It is not clear why the DC decided not to take action against205 the Appellant in the first allegations when he did not appear after they summoned him. The DC woke up when another incident, with more serious consequences came up against the Appellant and took a decision with giving him chance to be heard," the court said.

"The suspension was omnibus, in respect of all the three incidents. The decision should have been in respect of cases where the Appellant was given a chance to be heard and he declined to present his response and to appear for a physical interaction."

While the suspension related to the Wakiso incident was nullified, the court upheld the Engineers’ Registration boards’s decision to discipline Mubiru for the first two allegations, where he had been duly notified but did not appear to defend himself.

The ruling has sparked debate within the engineering community, with some viewing it as a victory for the right to due process, while others question whether professionals are taking oversight mechanisms seriously.

The two other incidents in question include the collapse of a floor in an industrial warehouse for sun Labelling and Printing Company Ltd, Kavule Village, Mpigi District which occurred on September, 2021.

A collapsed building at Major Victor Bwana Road Mbarara that occurred on  October, 5, 2021.

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