Plans to hire the next Chief Justice could be derailed if a court allows an application by the Attorney General.
Attorney General Githu Muigai has gone to the Court of Appeal seeking reinstatement of a law giving the president powers to pick a candidate of his choice.
Prof Muigai is challenging a High Court decision that invalidated a law passed by the National Assembly compelling the Judicial Service Commission (JSC) to submit three names to the President for him to choose his preferred candidate from the list.
Muigai's application is scheduled for hearing on Monday next week, at a time the JSC will be preparing to conduct interviews for post of Chief Justice, deputy Chief Justice and Supreme Court Judge.
"The High Court made a mistake in law by nullifying amendments to the Judicial Service Act and thus arrived at a wrong conclusion. We have raised an arguable case with high chances of succeeding at the Court of Appeal," he said.
The State law office is seeking orders to suspend the High Court decision until the appeal is determined. If successful JSC will be compelled to submit three names to President Uhuru Kenyatta if they complete the recruitment process before the appeal is determined.
Parliament had amended Section 30 (3) of the Judicial Service Act to compel JSC to submit three names each for the position of CJ and DCJ to the president.