Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedReference under Rule 57(1)(b) of the Court of Appeal Rules (application for extension of time dated 12th October 2020)· [2026] KECA 1056 (KLR)

Bidco Africa Limited v & 294 Others

Court of Appeal of Kenya
29 May 2026
1,207 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

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

#
This ruling of the Court of Appeal, Nairobi (Gatembu Kairu, Nyamweya and Muchelule, JJA) determines a reference under Rule 57(1)(b) of the Court of Appeal Rules brought by Bidco Africa Limited against the decision of Kiage, JA, who on 4th June 2021 dismissed its application for extension of time to file and serve a record of appeal out of time against the judgment of the Employment and Labour Relations Court of 7th November 2019 in ELRC Cause No. 1936 of 2015. The applicant attributed the delay to the unprecedented Covid-19 pandemic, relying among others on Muthithi Investments. The respondents countered that, unlike in the cited cases, the applicant neither sought prior leave nor adduced evidence of the events causing the delay, and that a decade of litigation had prejudiced them. The Court applied the principles in John Koyi Waluke: a single Judge exercising discretion under Rule 4 acts for the whole Court, and the full bench interferes only where irrelevant matters were considered, relevant matters ignored, the evidence or law misapprehended, or the decision plainly wrong - not merely because it would have decided differently. The Court found that the single Judge had properly considered the explanation, noting the e-filing practice directions issued in April 2020 and the unexplained six-week delay after the lockdown was lifted. Finding no misdirection, the Court dismissed the reference with costs to the respondents, thereby affirming the single Judge's decision.

Key legal issues

#
01

Standard for interference by the full Court with a single Judge's discretionary decision on a reference under Rule 57(1)(b)

Holding

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.

Reasoning

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.

p. 2
02

Whether the Covid-19 pandemic excused the delay in filing the record of appeal

Holding

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.

Reasoning

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.

p. 3

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. 1.The reference is dismissed
  2. 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.