The nomination of advocate Kennedy Ogeto to the post of solicitor-general has been challenged in court.
In a case filed on Friday morning, activist Okiya Omtatah argues that Mr Ogeto was handpicked by President Uhuru Kenyatta without subjecting him to a competitive process as required by law.
He wants the court to stop Mr Ogeto's name from being taken to Parliament for vetting.
Mr Ogeto was nominated alongside Court of Appeal judge Paul Kihara Kariuki (attorney-general) while former Solicitor-General Njee Muturi was named the State House Deputy Chief of Staff .
But Mr Omtatah argues that handpicking and appointing Mr Ogeto as the solicitor-general is a violation of the Constitution because he was not identified and recommended by the Public Service Commission on merit.
He accuses President Kenyatta of violating Articles 155(3)(a) of the Constitution, which states that the president shall nominate a person for appointment as principal secretary from among persons recommended by the PSC.
The activist says Mr Ogeto, an advocate of the High Court, has represented President Kenyatta in several court cases.
He believes that President Kenyatta's decision was informed by favouritism or other improper motives.
The petitioner is aggrieved that the solicitor-general is an office in the public service which must be filled competitively and on merit.