Solicitor General Kennedy Ogeto has asked the High Court to vary orders suspending implementation of the cyber bullying law.
Ogeto says the orders were given in the presence of only one party and in total violation of the right to fair hearing.
He believes the order was granted on the basis of misrepresented facts and law.
The order he is seeking to set aside was given by judge John Mativo following a successful application by Bloggers Association of Kenya (BAKE).
BAKE said the law will contravene their freedom of expression and right to privacy and sideline youth from economic, social and political participation.
Under the law, a person found guilty of harassing or stalking others on social media platforms will be jailed for 10 years or fined up to Sh20 million, or both.
In May, the High Court temporarily suspended enforcement of the cyberbullying law which would have seen social media users jailed for 20 years.
The temporary order, seen as win for freedom of expression, suspended 25 sections of the new law which was meant to come to force on May 30.
The order was by judge Chacha Mwita, following the application by BAKE.