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)

Bidco Africa Ltd v Wangu & 294 others (Civil Appeal (Application) E278 of 2020) [2026] KECA 1056 (KLR)

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.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the full Court should interfere with the single Judge's discretionary dismissal of the application for extension of time to file and serve the record of appeal out of time
  2. 2.Whether the delay in filing the record of appeal, attributed to the Covid-19 pandemic, was satisfactorily explained

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

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
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)

Relief refused

#

Reference seeking to overturn the single Judge's dismissal of extension of time to file the record of appeal out of time

The applicant failed to show that the single Judge took into account irrelevant matters, ignored relevant ones, misapprehended the evidence and law, or that his decision was plainly wrong

p. 3

Costs

The reference fails and is hereby dismissed with costs to the respondents.

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In our view, it is not shown that the Judge considered matters he should not have, or that he failed to consider matters that he should have, or that the decision reached is plainly wrong.
p. 3Threshold for interference with a single Judge's discretion
The reference fails and is hereby dismissed with costs to the respondents.
p. 3Final orders - disposition
It is not enough, for example, to show the full Court that had it been sitting in place of the single Judge, it would have arrived at a difierent result.
p. 2Reference is not an appeal from the single Judge

Issues in the judgment

#
minor

The names of the respondents are not stated anywhere in the ruling; only their counsel, Mr. Roy Mwenesi, and the underlying ELRC cause number are identified.

minor

The ruling is dated and delivered on 29th May 2026 but records the reference as urged on 11th November 2025 with respondents' submissions dated 24th June 2025; the applicant's submissions are dated 5th April 2023, indicating a substantial internal gap not explained in the judgment.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Bidco Africa Ltd v Wangu & 294 others (Civil Appeal (Application) E278 of 2020) [2026] KECA 1056 (KLR)", 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.