Aywa73 criticized this Court’s reliance on the Seychellois Court of Appeal decision in Popular Democratic Movement v. Electoral Commission74 and particularly for “equating ‘spoilt’ with ‘rejected’ votes.” He contended that “[t]he two are different and ‘spoilt votes’ are never included in the tabulation of any election results.” While conceding that “it is a truism in the study and scientific analysis of elections that votes cast eventually get separated during the counting process into valid and rejected votes”; he nevertheless takes the view that “votes cast include selfsame rejected votes.” He posits that “[i]n determining whether rejected votes should be included in the computation, regard should only have been made on the law.” And in this regard, in his view, “Article 138(4) of the Constitution leaves little to interpretation, especially when looked at against the context that it was drafted to replace the repealed Constitution’s Section 5(3)(f)”. He does not address what informed the change. [160] Although he does not delve into the overall tallying for purposes of determining the threshold of 50% + 1, PLO Lumumba, in his article: "From Jurisprudence to Poliprudence: The Kenyan Presidential Election Petition 2013"75, shares Aywa’s position that a ballot paper that is inserted into a ballot box amounts to a vote. However, only a properly marked ballot paper, or vote, counts in favour of the intended candidate and this is the valid vote. The non-compliant ballot paper, or vote, on the other hand will not count in the tally of any candidate──it is not only rejected, but is 73 In the chapter “A critique of the Raila Odinga v. IEBC decision in light of the Legal Standards for Presidential Elections in Kenya” in Dr. Collins Odote & Dr. Linda Musumba (eds) “Balancing the Scales of Electoral Justice Resolving Disputes from the 2013 Elections in Kenya and the Emerging Jurisprudence” IDLO and JTI 2016. 74 Popular Democratic Movement v. Electoral Commission (2011) SLR 385. 75 The Law Society of Kenya Journal Vol II 2015 No. 1 Law Africa.   Presidential  Petition  No.  1  of  2017                                                                                                                                                                                                            64  |  P a g e