Mubiru was suspended twice by the engineers board for misconduct. He defeated them twice in court

Fredrick Mubiru who defeated the Engineers Registration Board twice in court

Fredrick Mubiru, a veteran civil engineer, has won a legal battle against the Engineers Registration Board after the High Court ruled that his suspension from practice was unfair and unlawful.

In early 2024, several complaints were made against Mubiru by the National Building Review Board (NBRB).

Mubiru, who runs Macro Technics Limited, was accused of professional misconduct in relation to his work on certain building projects.

One key allegation involved documents connected to those projects. NBRB believed that Mubiru had been involved in irregularities relating to engineering approvals or supervision.

However, Mubiru strongly denied this and said that some of the documents used against him had forged signatures and stamps bearing his name.

Nonetheless, the complaints were forwarded to the Engineers Registration Board (ERB), the body responsible for regulating engineers in Uganda, and on July 3, 2024, Mubiru was suspended for one year.

Mubiru ran to court, arguing that he had not been treated fairly.

The court agreed with him, lifted the suspension and directed the engineers’ body to conduct a fresh disciplinary hearing, this time following proper procedures and respecting the rules of natural justice.

However, after conducting a new hearing through its disciplinary committee, the ERB again found Mubiru guilty of professional misconduct and suspended him for one year, effective April 24, 2025.

Unhappy with the second suspension, Mubiru again returned to court.

In his appeal, Mubiru, through his lawyers from Paul Byaruhanga Advocates, raised several complaints against the board.

He argued that he had not been given a fair chance to defend himself, that the board was biased, and that it failed to properly investigate the allegations before punishing him.

His lawyers told the court that Mubiru was never given full details of the evidence against him. They also said Mubiru was denied the chance to properly present his defence, including appearing in person as required by law.

On the other hand, lawyers from the Attorney General’s office, representing the Engineers Registration Board, defended the process of the suspension.

They told the court that Mubiru had been invited for a physical interaction on January 28, 2025, where he submitted a written defence. They argued that he was aware of the allegations against him and had been allowed to respond.

The board’s lawyers also said that disciplinary bodies like theirs are not required to follow strict court procedures, as long as they respect the basic principles of fairness.

They insisted that Mubiru had been given a fair hearing and asked the court to uphold the suspension.

But Justice Joyce Kavuma disagreed with the engineers’ body.

She said one of the biggest problems was that the board had relied on incomplete evidence to suspend Mubiru.

She noted that the disciplinary committee admitted it had used only extracts from the National Building Review Board’s report instead of the full report.

Justice Kavuma found this approach deeply flawed.

“It is apparent that the respondent’s disciplinary committee did not consider the full report by the complainant,” she said.

She explained that without the full report, Mubiru could not properly understand or challenge the case against him.

“The rule of fair hearing demands that there must be full disclosure of all evidential facts and of all documents proposed to be used against the party,” she said, quoting earlier case law.

Justice Kavuma stressed that a person facing accusations must know the exact evidence against them and be given a real chance to respond.

She also pointed out another key issue in the case involving allegations of forgery.

Mubiru had argued that his signature and stamp had been forged on certain documents. A handwriting expert’s report later confirmed that the signatures in question were not his.

Despite this, the board still found him guilty, partly because he had not reported the alleged forgery to authorities.

Justice Kavuma found this troubling, noting that Mubiru only became aware of the alleged forgery after the complaint had already been filed against him.

She further criticised the lack of solid evidence supporting the board’s decision, saying in the absence of the full report, it cannot be held that Mubiru was judged fairly and justly.

Justice Kavuma concluded that the entire disciplinary process was unfair and did not meet the standards required under the Constitution.

“The appellant’s right to a fair hearing was violated, and the decision is hereby nullified, rendering it legally ineffective,” she declared.

As a result, the court allowed Mubiru’s appeal and quashed his suspension.

“The decision suspending Mubiru from practice is hereby quashed and set aside, having been made in violation of the principles of natural justice,” she ordered.

However, Mubiru did not get everything he had asked for.

Mubiru had sought general damages of Shs200 million and aggravated damages of Shs 100 million. But Justice Kavuma rejected these claims, saying there was no evidence to justify such compensation.

Instead, she only awarded him the costs of the appeal, meaning the Engineers Registration Board (ERB) will have to cover his legal expenses.