The Attorney General is challenging a decision that JSC should only forward one name to the President for the position of Chief Justice.
In an application to the Court of Appeal, the AG wants three names to be forwarded to Uhuru Kenyatta to fill the vacancy that was created after the early retirement of former CJ Willy Mutunga.
The AG also wants to invalidate a High Court decision declaring an amendment to the JSC Act null and void.
In December 2015, Parliament had amended the Act to compel JSC to submit three names each for the position of CJ and DCJ to the President.
But five High Court judges nullified the amendment.
The AG says: "The High Court made a mistake in law by nullifying amendments to
the JSC Act and thus arrived at a wrong conclusion. We have raised an
arguable case with high chances of succeeding."
The Judicial Service Commission is for the six shortlisted candidates on August 29.
Among those on the shortlist are Supreme Court judge Smokin Wanjala, Court of Appeal judges Alnashir Visram, Roselyne Nambuye and David Maraga.
High Court judge Mbogholi Msagha will also face the JSC panel.
The commission is then expected to forward the name of their selected candidate to Uhuru to ratify.