Civil Procedure Rules
6. Procedure where more than one defendant [Order 36, rule 6]
6. Procedure where more than one defendant [Order 36, rule 6]
If it appears to the court that any defendant has a good defence to, or ought to be permitted to defend the suit, and that any other defendant has not a good defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff shall be entitled to judgment against the latter and may obtain execution of the decree thereon, without prejudice to his right to proceed with his suit against the former.Source: Kenya Law