Senior counsel Ahmednasir Abdullahi has advised Attorney General Justin Muturi should not to appeal the 50 CAS case ruling.
In a statement on Tuesday, the lawyer 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.
His reaction comes a day after the High Court termed unconstitutional the decision by President William Ruto to appoint 50 Chief Administrative Secretaries, instead of the 23 advertised by the Public Service Commission.
A three-judge bench said Ruto violated the Constitution by hiring the team without public participation.
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 it was not the intention of the framers of the Constitution of Kenya 2010 to have 50 CASs deputise 22 cabinet secretaries.
They said the creation of 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.
"The initial proposed number for the office was 23. It's discernible a process undertaken by PSC was in reference to the 23. On the flip side the sequence and procedure leading to the additional 27 posts did not adhere to public participation," the bench said.
The ruling has attracted mixed sections with the Opposition welcoming the decision by the judges while the pro-Kenya Kwanza officials are against it.