Resolving Disputes from the 2013 Elections in Kenya and the Emerging Jurisprudence (3) thereof enumerates the documents that should be scrutinized.160 At the conclusion of the scrutiny exercise, the Registrar makes a report of his or her findings. As this exercise is usually carried out in the presence of counsel for or representatives of parties to the petition, disputes on the contents of such reports are rare. 5.10 Irregularities Revealed by Scrutiny Chapter 7 of the Constitution underscores the importance of grounding in due process the integrity of the entire electoral process. Articles 38 and 81 of the Constitution enumerate, inter alia, the integrity of the voters’ register; complete freedom of choice; absence of violence, intimidation, improper influence, and corruption; as well as the conduct of elections in a transparent, impartial, accurate, accountable, and efficient manner as the overarching principles which underpin a free and fair election. Other than numerical accuracy of the votes garnered by each candidate, which is a quantitative test, all the other principles in these provisions relate to the qualitative factors of the electoral process that deal with the process employed in arriving at the quantitative results of an election. That renders the qualitative principles the bedrock of any free and fair election. This is why most, if not all, election petitions are premised upon alleged impeachments of qualitative principles. Section 83 of the Elections Act provides for two disjunctive situations, which will void an election. This is where there is failure to carry out an election “in accordance with the principles laid down in the constitution” and where there is “non-compliance with any written law relating to [an] … election” that affects “the result of the election.” In the famous English case of Morgan v. Simpson,161 a decision that has been followed in several cases in this country, it was held that the “non-compliance” referred to in the English equivalent of this provision is “substantial” failure to carry out an election in accordance with the principles laid down in the written law governing the impugned election. 160 These are: (a) the written statements made by the presiding officers under the provisions of the Act; (b) the copy of the register used during the elections; (c) the copy of the register of the results of each polling station in which the results of the election are in dispute; (d) the written complaints of the candidate and their representatives; (e) the packets of spoilt papers; (f) the marked copy register; (g) the packets of counterfoils of used ballot papers; (h) the packets of counted ballot papers; (i) the packets of rejected ballot papers; and (j) the statements showing the number of rejected ballot papers. 161 [1975] 1 QB 151. 270