The Attorney General's office wants President Uhuru Kenyatta's name struck out of a suit to nullify his appointment of Chief Administrative Secretaries.
The AG says Uhuru was improperly joined to the petition by activist Okiya Omtatah as he cannot be sued.
Omtatah listed Uhuru as the first respondent and also sued the Public Service Commission (PSC), the AG and the Speaker of the National Assembly.
The activist accuses the President of violating the Constitution by creating the office of the CAS and Principal Secretaries.
His argument is that Uhuru and the PSC violated the law, which he says stipulates that no person may claim or exercise State authority except as authorised by the Constitution.
It is also his contention that public participation was ignored. But the AG, in an application filed in court on Wednesday, noted Uhuru enjoys immunity under the Constitution as a sitting president.
Article 143 of the Constitution states that no civil or criminal proceedings shall be instituted in any court against a sitting President or any other officer acting in this capacity.
Thus, the AG argues through senior State counsel Jennifer Gitiri, that including Uhuru’s name is against the law.
"The president is improperly joined in these proceedings and ought to be struck out."
The President created the position of Chief Administrative Secretary across all the 22 Cabinet posts.
He said holders of the new positions will be responsible for helping the cabinet secretaries coordinate the running of ministry affairs.