Only one of the four EACC files on governors is actionable, DPP Noordin Haji told the Senate on Wednesday.
The remaining three, he said, had gaps so they were returned to the Ethics and Anti-Corruption Commission.
Haji’s shocker came days after EACC Chairman Eliud Wabukhala told the committee that they had watertight cases against the four governors.
The DPP confirmed receiving 57 files from the commission. Most of the cases recommended for prosecution involve amounts of between Sh5,000 and Sh10,000.
One of those returned for lack of evidence concerns the Sh3.2 billion Ruaraka land scandal which Haji maintained is not actionable as it is riddled with gaps.
“We have acted on all files brought by the EACC,” Haji said, adding that the commission and the DCI have had challenges in piecing together high profile cases.
“To be frank, I think both the EACC and DCI lack expertise in some areas.”
The DPP faced the Justice and Legal Affairs Committee to shed light on corruption cases.
He put banks on notice, accusing them of facilitating the irregular transfer of amounts of cash that exceed limits.