Civil Procedure Rules
4. Order upon summons [Order 34, rule 4]
4. Order upon summons [Order 34, rule 4]
If the claimants appear in pursuance of the summons, the court may order either that any claimant be made a defendant in any suit already commenced in respect of the subject-matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff and which defendant.Source: Kenya Law