Bidco Africa Limited v & 294 Others
The bottom line
#Bidco Africa lost its bid to revive a late appeal because a Covid-19 excuse could not cover six unexplained weeks of delay after lockdown lifted.
What this practically means
#Executive summary
#Key legal issues
#Standard for interference by the full Court with a single Judge's discretionary decision on a reference under Rule 57(1)(b)
The full Court will not interfere with a single Judge's exercise of discretion under Rule 4 unless it is shown that irrelevant matters were considered, relevant matters were ignored, the Judge misapprehended the evidence or law, or the decision was plainly wrong.
The Court adopted the principles in John Koyi Waluke vs. Moses Masika Wetangula, reiterating that a single Judge exercises the Court's unfettered discretion on behalf of the whole Court. The reference is not an appeal, and disagreement with the outcome is insufficient. The applicant showed none of the enumerated errors, so the dismissal of the extension-of-time application stood.
Whether the Covid-19 pandemic excused the delay in filing the record of appeal
The single Judge had properly found the reasons neither excusable nor satisfactory, given the e-filing practice directions issued in April 2020 and the unexplained six-week delay after the lockdown was lifted.
The Court noted that the single Judge duly considered the applicant's explanation, including the affidavit of Georgina Ogalo-Omondi, before concluding the applicant had not demonstrated entitlement to the discretion. The Judge had highlighted the e-filing practice directions and the unexplained delay after the lockdown lifted, and the full Court found no misdirection in that assessment.
Legal principles established
#- A single Judge exercising discretion under Rule 4 acts on behalf of the whole Court, and the full bench may interfere only where irrelevant matters were considered, relevant matters ignored, the evidence or law misapprehended, or the decision was plainly wrong; it is not enough that the full Court would have reached a different result.
Court orders
#- 1.The reference is dismissed
- 2.Costs of the reference awarded to the respondents
- On appeal from
- Court of Appeal (decision of single Judge, Kiage, JA)
- Application for extension of time dated 12th October 2020; underlying ELRC Cause No. 1936 of 2015
- Jurisdiction invoked
- Rule 57(1)(b) of the Court of Appeal Rules (reference against decision of a single Judge under Rule 4)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bidco Africa Limited v & 294 Others", Case Analysis (2026). Reference under Rule 57(1)(b) of the Court of Appeal Rules (application for extension of time dated 12th October 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1056/eng@2026-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.