Reinstated Eng Mubiru Suspended

Engineer Frederick Mubiru has been suspended from engineering practice over what the Engineering Registration Board-ERB calls professional misconduct.

The suspension takes effect April 25, according to the board's notice signed by Eng Ronald Namugera, the Registrar, on May 7, 2025.

Quoting Section 26 of the Engineering Registration Board Act, ERB says Eng Mubiru (registration number 605), a professional structural engineer, exhibited professional misconduct on several projects under his jurisdiction.

His suspension in December 2024 followed several cases compiled by the board since 2021, some of which saw people killed by collapsing structures which were under his supervision.

Investigations by the National Building Review Board then recommended action by the ERB Disciplinary Committee.

However, Eng Mubiru appealed the decision, saying that he had not been heard before the suspension. Justice Esta Nambayo agreed and ruled that the suspension be lifted, and a fair hearing accorded the suspect.

"He was invited and he defended himself before the Board's Disciplinary Committee, which has among its ranks a Senior Lawyer from the SG's Office," says the Registrar.

He appeared before the DC with the complainant (NBRB) for fair hearing on January 28 at the ERB headquarters.

During the hearing in January, he was found to have committed professional misconduct that led to substandard construction work, and his suspension reinstated by the Board.

The cases included the collapse of a retaining wall at Goodluck Oil Fuel Station at Ndejje Kanyanya Cell in Wakiso District on December 4, 2023, in which it was found that the engineer did not visit the site and meet with the client before design development.

It was also observed that he failed to enter into a formal contract with the client to clearly understand the scope of works, among others, and that he failed to conduct geotechnical investigations prior to design and assuming soil properties for the foundation design.

Another case was the collapse of a floor in an industrial warehouse for Sun Labelling Company Ltd in Kavule village, Mpigi District, on December 22, 2022.

In this case, the hearing noted that Mubiru failed to report the alleged forgery of his professional stamp and signature to police after learning about the incident. 

"He was supposed to report the matter to the nearest police station and equally inform the regulator about the aforementioned matter," the Registrar says.

Another case cited by the Board was the collapse of a building along Major Victor Bwana Road in Mbarara City on October 5, 2021. 

"He executed a structural design for a Class A, 5-level without visiting the site," the findings charge, adding that there was a need for reconnaissance of the site to observe the existing site conditions that may affect the design of the building. 

For example, any soils that may need to be retained for sloping terrain, ground water, existing structures that may need to be demolished, existing structures within the vicinity to avoid affecting pressure bulbs of neighbouring foundations, and any necessary drainage considerations. 

Mubiru is also accused of failing to conduct geotechnical investigations before design and assuming soil properties for the foundation design, which led to the overestimation of the strength of the underlying foundation soil.

Professional Practice dictates that he should have formally advised the client of the risk of assumptions made during the foundation design and the mitigation measures during construction and supervision. 

As was the case with the Goodluck station case, Eng Mubiru is said to have failed to enter into a formal contract with the client to clearly understand the scope of works, among others. 

"It is always prudent to have a contract with clear terms of reference for the professional services to be offered to the client to avoid cases of clients that change goal posts in the event of any unforeseen scenario in future," Eng Namugera explains.

Practicing engineers are, by the ERB Code of Conduct and Ethics (ERB, 2020), expected to hold paramount the safety, health and welfare of the public in performance of their professional duties.

They are also called to act in professional manners for each employer or client as faithful agents or trustees, and "shall endeavour to avoid conflicts of interest," and to act in such a manner as to "uphold and enhance the honour, integrity and dignity" of the engineering profession.