Balancing the Scales of Electoral Justice Since, as stated, election petitions are not limited to alleged balloting improprieties, scrutiny is a demonstration by the election officials to the candidates or their agents and the public at large that the procedural steps set out in the Elections Act and Regulations intended to achieve free and fair elections have all been followed. The principal objective of judicial scrutiny therefore is to determine whether the electoral process was transparent, accountable and verifiable as required by the Constitution.99 5.2 Sufficient Cause for an Order of Scrutiny The sixth and final scrutiny exercise, when necessary, is carried out in court during the hearing of election petitions. This scrutiny, as already stated, is anchored in the provisions of Section 82 of the Elections Act and Rule 33 of the Election Petition Rules.100 Some courts have viewed these provisions as conflictual. The contentions in some petitions alleged that by requiring an application for scrutiny to be made “at any stage,” Rule 33(1) is in conflict with Section 82(1) of the parent Act that states that an order for scrutiny is to be made “during the hearing.” In Joash Wamang’oli v. IEBC & 3 others,101 and Ramadhan Seif Kajembe v Returning officer of Jomvu Constituency & 3 Others,102 Omondi, J. and Odunga, J. respectively held that there is a conflict and called for the harmonization of the provisions. In Kombo v. Wetangula,103 however, Gikonyo, J. held that there is no conflict, but the provisions created some confusion, which should be cleared. It is submitted that there is no conflict in these provisions. A court cannot grant an order for scrutiny without first hearing the petition, even partly, or an application in that regard. As Gikonyo, J. suggested in Kombo v. Wetangula (supra) the phrase “during the hearing” in the parent Act and “at any stage” in the Rule should be read to mean scrutiny can be ordered “at any stage during the hearing.” Section 82(1) provides that a court can make an order for scrutiny suo moto or on application by any party to a petition. Whereas Rule 33(2) requires the party seeking scrutiny to satisfy the court that there “is sufficient reason” for 99 The Constitution of Kenya, 2010, Article 86(a). 100 In the old regime, scrutiny was provided for in Section 26(1) of the National Assembly and Presidential Elections Act, Cap 7 of the Laws of Kenya. 101 Bungoma High Court Election Petition No. 6 of 2013. 102 Mombasa High Court Election Petition No. 10 of 2013. 103 Bungoma High Court Election Petition No. 3 of 2013. 259