Prof Muigai, however, stated President Kenyatta’s legitimacy could not be questioned.
He said the Constitution only restricts President Kenyatta from carrying out some functions as stated in Article 134(2).
Attorney-General Githu Muigai has dismissed claims of a looming constitutional crisis as the country prepares for repeat presidential election.
Mr Muigai on Thursday said National Super Alliance (Nasa) lawyers' recent claims that a caretaker or transitional government would formed if IEBC fails to hold the poll were misguided.
Speaking at his office, the government’s chief legal adviser said President Kenyatta would enjoy all the powers bestowed on his office until the next head of state is sworn in.
The powers, he said, include that of the Commander in Chief of the armed forces.
Nasa lawyers, led by James Orengo, have described the status enjoyed by President Kenyatta as “temporary incumbency” as provided in Article 134 of the Constitution.