122 Another, Nairobi Civil Appeal 20 of 2018). 4.7.5.2.7 Although the petitioner must generally establish a basis before the grant of an order for scrutiny or recount, such an order may be made without establishing a basis where the margin of victory or loss is narrow (Charles Ong’ondo Were v Joseph Oyugi Magwanga & 3 Others, Homa Bay Election Petition No. 1 of 2013). The narrower the margin of victory or loss, the higher the likelihood that the court would order scrutiny or recount without requiring the petitioner to first establish a basis for such an order (Charles Ong’ondo Were v Joseph Oyugi Magwanga & 3 Others, Homa Bay Election Petition No. 1 of 2013). Even where the margin of victory is wide, scrutiny and recount may still be ordered if it would facilitate the expeditious disposal of the election petition (Hassan Ali Joho v Hothan Nyange & Another, Mombasa Election Petition No. 1 of 2005). 4.7.5.2.8 An order for scrutiny or recount will usually be made where there are several errors, alterations and/or omissions on Forms 35 and 36 (now Forms 35B and 36B of the Elections (General) Regulations, 2012) (Joseph Obiero Ndiege v IEBC & 2 Others, Migori Election Petition 1 of 2017; Migori Election Petition No. 1 of 2017; Richard Kalembe Ndile & Another v Patrick Musimba Mweu & 2 Others, Machakos Election Petitions Nos. 1 and 7 of 2013). It will be more readily made in such cases if, in addition, the margin of votes between the returned candidate and the runners-up is narrow (Richard Kalembe Ndile & Another v Patrick Musimba Mweu & 2 Others, Machakos Election Petitions Nos. 1 and 7 of 2013). 4.7.15.2.9 An Application for scrutiny and recount may be made before, during or at the end of the trial of an election petition (Nicholas Kiptoo Arap Salat v IEBC & 7 Others, Supreme Court Petition No. 23 of 2014; Hassan Mohamed Hassan & Another v IEBC & 2 Others, Garissa Election Petition No. 6 of 2013). The Supreme Court in Munya stated: The right to scrutiny and recount of votes in an Election Petition is anchored in Section 82(1) of the Elections Act and Rule 33 of the Elections (Parliamentary and County Elections) Petition Rules 2013. Consequently, any party to an Election Petition is entitled to make a request for a recount and /or scrutiny of votes, at any stage after the filing of petition, and before the determination of the petition. 4.7.5.2.10 Nevertheless, the court must exercise caution where the application is made after evidence is fully adduced, to prevent a petitioner from using the application to cure gaps exposed during the trial (Robson Simiyu Mwanga & Another v IEBC & 2 Others, Kitale Election Petition No. 1 of 2017). The reasons for the grant of an order of scrutiny should therefore be recorded (Gatirau Peter Munya v Dickson Mwenda Kithinji & 2 Others, Supreme Court Petition No. 2B of 2014; Aziz Mohamed Karisa vs IEBC & 3 Others, Malindi Election Petition 7 of 2017). 4.7.5.2.11 Where a petitioner desires to lodge a request for information, such an application should be made simultaneously with a request for scrutiny and/or recount. If only an application for information and/or preservation of evidence is sought, it ought to be dispensed with before pre-trial. Although filed at the interlocutory stage, the application for scrutiny should be heard after the evidence has been tendered (Samwel Kazungu Kambi v Nelly Ilongo & 2 Others, Malindi Election Petition 4 & 5 of 2017; Jackton Nyanungo Ranguma v IEBC & 2 Others, Kisumu Election Petition 3 of 2017; Edward Tale Nabangi v James Lusweti Mukwe & 2 Others, Bungoma Election Petition 1 of 2017). 4.7.5.2.12 It is not the purpose of an order for scrutiny and recount to unearth new evidence or unpleaded matters upon which an election could possibly be nullified (Raila Amolo Odinga & Another v BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION