The electoral commission and the Attorney-General want the Court of Appeal to nullify a ruling made in April that put the five-year tenure for ward representatives as ending on March 3, 2018.
Every member of the county assembly earns a basic monthly salary of Sh165,000.
There are 2,526 MCAs and each would be paid Sh1.32 million for the remaining period.
The Independent Electoral and Boundaries Commission said the High Court ruling created illegal county assemblies.
“Any attempt to grant the MCAs an extension of their term sets a dangerous precedent for our fledging economy,” the poll agency said in its court papers Thursday.
The AG separately argued that the lower court made a mistake by failing to appreciate that the office of MCA becomes vacant at the end of the term of the assembly, “which is just before the General Election”.
The AG also faulted the court for failing to appreciate that there were other state offices whose elections would be held on August 8.
The IEBC said the Salaries and Remuneration Commission should have been given a chance to be heard on the matter.
“The High Court lacked jurisdiction to rule on the case. The mandate to resolve industrial disputes is reserved for the Employment and Labour Relations Court,” the commission added.
The County Assemblies Forum, however, supported the judgment, saying the IEBC decision to hold the elections on August 8 deprived MCAs of eight months’ pay.
The Appeals Court will deliver its ruling on October 6.