Resolving Disputes from the 2013 Elections in Kenya and the Emerging Jurisprudence are disputed and the documents which should be scrutinized.120 The party seeking scrutiny must therefore ensure that its petition and affidavit in support “contain concise statements of material facts” upon which the prayer is grounded.121 The only limited exception to the general rule on pleadings that should be had in election petitions is with respect to unanticipated irregularities that come to the fore during scrutiny of election materials. Given that the election materials are accountable documents kept by the IEBC and the public has no access to them,122 it is impossible for any petitioner to have knowledge of their contents. Before scrutiny, no petitioner will know, for instance, of the presiding officers’ doctoring of the records; allowing people whose names were not on the voters’ register to vote; or failing to account for some of ballot papers used in the election. In the circumstances, it is submitted that any irregularities revealed by scrutiny of election materials pursuant to a court order, whether pleaded or not should be taken into account in the final determination of a petition. To ignore any such irregularities or malpractices will be condoning illegalities, an act that will undermine public confidence in court determinations. The parties should, however, be accorded an opportunity of commenting on any such irregularities before they are taken into consideration. Although Section 82(1) of the Elections Act and Rule 33(1) of the Election Petition Rules do not require a formal application for scrutiny, from the wording of the former and the court’s view in Hassan Mohamed Hassan & another v IEBC & 2 others 123 it appears that one is advisable. To enable the court to properly manage its time for the trial of the petition as stated, such an application should be filed along with the petition or soon thereafter. 5.4 The Criteria for and the Stage at which an Order of Scrutiny is Granted Though provided for in the Elections Act and the Election Rules, scrutiny is not an automatic right to be granted as a matter of course. 124 The courts 120 Nicholas Salat v IEBC & 7 others, Kericho High Court Election Petition No.1 of 2013. 121 See Philip Osore Ogutu vs Michael Aringo & 2 Others, Busia High Court Election Petition No. 1 of 2013. 122 Save for Forms 34, which contain election results copies of which are required to be supplied to candidates or their agents. 123 Garissa High Court Election Petition 6 of 2013. 124 Nicholas Salat v. IEBC & Others, SC Petition No. 23 of 2014; Philip Mungu Ndolo v. Omar Mwinyi Shimbwa & 2 others (supra); Tuiyott, J. in Philip Osore Ogutu v. Michael Aringo & 2 Others, Busia High Court Petition No. 1 of 2013. 262