Senior counsel Ahmednasir Abdullahi has advised Attorney General Justin Muturi against appealing the 50 Cabinet Administrative Secretaries case ruling.
Abdullahi said that appealing would take BBI process court ruling.
"The Attorney General should not appeal the 50 CAS case to the Court of Appeal. If he appeals...the route is that the courts took through the BBI process," Ahmednasir said.
This comes a day after the High Court termed the decision by President William Ruto to appoint 50 Chief Administrative Secretaries instead of the 23 advertised by the Public Service Commission as unconstitutional.
A three-judge bench said Ruto violated the Constitution by hiring the team without public participation.
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The decision was handed by judges Kanyi Kimondo, Aleem Vishram and Hedwig Ong'udi.
The three judges said although there was some public participation in the initial 23 posts, the same was not reflected in the additional 27.
The bench held that the framers of the Constitution of Kenya 2010 intended to have less than 50 CASs deputise 22 cabinet secretaries.
They said creating a similar office to the assistant minister now in the name of CAS cannot be done in the manner in which Ruto and the PSC proceeded.
