[156] The Attorney-General as amicus, submitted that although in terms of Article 138 (4) of the Constitution, the ‘phenomena’ of rejected votes is still a continuing concern in developing jurisprudence in Kenya, he referred to comparative jurisprudence and urged that the Court’s decision in the 2013 Raila Odinga case on the matter remains good law and should not be departed from. [157] In presidential elections in Kenya, a candidate is elected president if he or she attains the threshold set out in Article 138(4) of the Constitution. The Article provides that “[a] candidate shall be declared elected as President if the candidate receives more than half of all the votes cast in the election and at least 25% of the votes cast in each of more than half of the counties.” [158] In the 2013 Raila Odinga case, in considering whether the President elect had attained the threshold of 50% + 1, the Supreme Court was faced with the question of what the phrase “votes cast” means. In answering this question, the Court, in paragraph 285 of its judgment, interpreted the phrase “votes cast”, in Article 138(4) of the Constitution as referring to only “valid votes cast” and not including ballot papers or votes inserted into presidential ballot boxes but which were later rejected for non-compliance with the law. [159] Varied opinions have since been expressed on the propriety of that decision. While some agree with that decision, others are of the view that the phrase “votes cast” should be understood to refer to all ballot papers inserted into the presidential ballot box. For instance, Francis Ang’ila Presidential  Petition  No.  1  of  2017                                                                                                                                                                                                            63  |  P a g e