Prof Muigai will hold the docket until a substantive secretary assumes office. He will continue to serve as AG.
"This is by authority conferred on the President by articles 132(3(C) and 156 (C) of the constitution. Prof Githu will however continue undertaking his duties as Attorney General," said a statement from President Kenyatta's office Friday.
Last week, the President nominated hotelier Joseph ole Lenku as the Cabinet Secretary in charge of the powerful ministry.
Mr ole Lenku is due to be vetted by a parliamentary team, the Committee on Appointments.
Former Medical Services assistant minister Kazungu Kambi was nominated to the Labour, Social Security and Services docket and is also up for vetting.
The committee will then table its report before the National Assembly. The Plenary will deliberate on the report and vote to approve or reject the nominees.
If approved, the names will be sent to President Kenyatta for formal appointment.
However, if MPs reject the nomination of Mr Ole Lenku and Mr Kambi, the Head of State will nominate two candidates for the positions afresh.
Mr Ole Lenku is a career hotelier, having served the industry since 1996.
He holds a Bachelor of Commerce, majoring in marketing from the University of Nairobi and a Diploma in Hotel Management from the Kenya Utalii College.
After news of President Kenyatta's latest appointment filtered in, former Imenti Central MP Gitobu Imanyara faulted the move.
He said the Constitution bars an MP from holding the office of Cabinet Secretary. Prof Muigai is an ex-officio Member of Parliament.
"Under Article 152 of the Constitution, a Cabinet Secretary cannot be a Member of Parliament," he said on Twitter.
"The President has erred in appointing AG Githu Muigai acting Cabinet Secretary. Githu has neither been vetted nor taken oath of office."
- Daily Nation
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