Balancing the Scales of Electoral Justice The second aspect of this section is the “non-compliance” that will affect the results of the election. That this relates to either the qualitative or the quantitative aspects of an election or both is not in dispute. The vexing issue in this aspect of Section 83 of the Elections Act is what type of non-compliance can affect the result of an election. It is relatively easy to determine when the quantitative elements have affected an election. For instance, if the counting of votes is flawed, wrong figures will be obtained. In the electoral system of first-past-the-post, even one vote will affect the result of an election. In William Maina Kamanda v. Margaret Wanjiru Kariuki & 2 other;162 the election was voided because the returning officer admittedly altered the numerical results. The position is, however, not as clear-cut when an election is challenged on infractions of the qualitative test. The question then is: when does the infringement of qualitative factors per se affect the result of an election? There are two aspects of infractions of qualitative factors that should automatically affect the result of an election. The first one is commission by a candidate of the election offences of treating;163 undue influence;164 and bribery.165 Besides unduly influencing and therefore impairing the voter’s freedom of choice, these offences also impeach the integrity of the candidate committing them. Integrity is one of the cardinal values Article 10 of the Constitution requires of anyone aspiring for leadership. In the author’s view, proof of any of these offences to the requisite standard of beyond reasonable doubt, is a substantial violation of the Constitution and the Elections Act, which should automatically void an election.166 The second aspect of infraction of qualitative factors that can void an election relates to violation of the principles of due process. Election goes “beyond simple arithmetic.”167 As stated above, the qualitative test is the major determinant of a free and fair election. The qualitative principles have their grounding in due process. Due process, which is concerned with the quality of the ballot, is the hallmark of any democratic electoral process. 162 Nairobi High Court Election Petition No. 5 of 2008. 163 The Elections Act, 2012, s. 62. 164 The Elections Act, 2012, s. 63. 165 The Elections Act, 2012, s 64. 166 In Moses Masika Wetangula v. Musikari Nazi Kombo & 2 Others Supreme Court Petition No.12 of 2014, [2015] eKLR where the offence of bribery was proven beyond reasonable doubt, the election was nullified. 167 James Omingo Magara v. Manson Onyongo Nyamweya and 2 Other, [2014] 5KLR (EP) 292. 271