The High Court has quashed the suspension of engineer Fredrick Mubiru, ruling that disciplinary proceedings against him violated his right to a fair hearing and could not stand in law.
Mubiru had been suspended for one year by the Engineers’ Registration Board (ERB) over allegations of professional misconduct following a complaint filed by the National Building Review Board.
The suspension was initially issued on July 3, 2024. Mubiru later petitioned the High Court, challenging the decision and arguing that the disciplinary process had been handled unfairly.
In an earlier ruling, the court set aside the Board’s original decision and directed the ERB to conduct a fresh hearing into all the allegations against him in line with the principles of natural justice.
The Board, acting through its disciplinary committee, subsequently held a new hearing. After reconsidering the matter, the committee again recommended Mubiru’s suspension for one year.
Still dissatisfied with the outcome, Mubiru returned to court and appealed the decision, arguing that the disciplinary process remained flawed. He told court the decision was affected by illegality, irrationality and procedural impropriety, and faulted the Board for failing to carry out a full, fair and impartial inquiry into the allegations before finding him guilty.
“The Engineers’ Registration Board failed to properly inquire into the impugned and unfounded allegations before finding me guilty and suspending me from practice for one year,” Mubiru said in his affidavit.
In her ruling, Justice Joyce Kavuma agreed that Mubiru’s right to a fair hearing had been violated. The judge found that the disciplinary proceedings did not meet the legal standards required under the principles of natural justice, making the Board’s decision legally unsustainable.
“The decision by the Board suspending Mubiru from practice is hereby quashed and set aside, having been made in violation of the principles of natural justice,” Justice Kavuma ruled.
The judgment effectively lifts the suspension and marks the latest legal setback for the Engineers’ Registration Board in the long-running dispute. The case also reinforces the importance of due process in disciplinary proceedings involving professional bodies.
Under the principles of natural justice, regulatory institutions are required to handle complaints fairly, give affected individuals an adequate opportunity to respond and make decisions based on a proper and impartial inquiry.
Where that process is not followed, courts can intervene and overturn disciplinary actions. For professionals working in regulated sectors such as engineering, the ruling is a reminder that disciplinary bodies have legal authority to investigate complaints, but they must exercise that authority fairly and within the law.
Speaking after the judgment, Mubiru said the suspension had interrupted critical work he was overseeing at the time. He revealed that when he was suspended, he was managing several major projects, including four under the Ministry of Energy and Mineral Development.
He was also overseeing works at the Military Hospital in Mbuya, where he served as project manager. The ruling now clears the way for him to continue professional practice. It also raises broader questions about how disciplinary bodies conduct hearings and balance accountability with procedural fairness.