You have a point there. Good thing this thought didn't come to my mind when this happened, so I didn't get bugged out by it. I suppose the hardcore tactician in me was too occupied by what kind of tactics am I going to use to beat this, so I didn't pay attention to whether it made sense or not.
But hey, you can still try and come up with some sort of far-fetched explanation for it. Like, maybe the bad guys found a way to "recreate" those guys in the image of their original form, or something along that line... Somehow they managed to "clone" the sworn guys, and kept them in some sort of freezer in the Kraken's stomach... After all, it's a magical world you live in. Anything can happen, right?