President Uhuru Kenyatta has no intention to appoint the six judges as ordered by the High Court last week, his court papers indicate.
Mr Kenyatta says the judgment, if implemented, is likely to put his office and that of Chief Justice Martha Koome at a conflict.
As a result, the President wants the Court of Appeal to suspend implementation of the order pending determination of his appeal in which he is arguing that the High Court judgement is unconstitutional.
In the four-page draft memorandum of appeal filed Wednesday, Mr Kenyatta says the orders issued by three-judge bench comprising of Justices George Dulu, James Wakiaga and William Musyoka, are based on foreign precedents.
He says the judgment has the potential effect of creating a conflict between the office of the Chief Justice and the Office of the President.
"The judgment is clearly an attempt to rewrite or otherwise amend the Constitution in a manner not contemplated under Chapter 16 of the Constitution," says the President through lawyer Waweru Gatonye.
He says the judges made legal blunders by ordering the President to appoint the six nominees within 14 days failure to they will be deemed as duly appointed.
The judges also said that upon lapse of the 14 days, CJ Koome and the Judicial Service Commission (JSC) will be at liberty to facilitate the swearing in of the six judicial officers.