JUDGMENT OF THE COURT
The tender for the construction of Sigiri bridge which spans River Nzoia’s banks and links Bunyala South and North was awarded to China Overseas Engineering Group Co. Limited (COVEC) in 2014 by the Kenya Rural Roads Authority (KeeRA). To design the works, BAC Engineering and Architecture Limited (BAC) whose Director, Godfrey Ajoung Okumu is the 1st appellant formed an association with Interphase Consultants Limited (Interphase) fronted by Oliver Collins Wanyama Khabure, the 2nd appellant and on 1st December, 2014, the two companies signed an MOU with COVEC, after which the construction of the bridge commenced.
Unfortunately, on the morning of 26th June, 2017, the bridge collapsed injuring a number of masons who were working on it at the time. Following this accident, the Engineers Board of Kenya (the respondent), the body empowered by section 3 of the Engineers Act to register engineers and firms, regulate the engineering professional services, set the standards, d…