DPP Noordin Haji has approved the prosecution of former Kenya Ports Authority MD Daniel Manduku over irregular procurement of works at the port.
The DPP also after investigations established KPA made an over payment of over Sh244 million to contractors for work not completed.
In a statement on Thursday, Haji said there was sufficient evidence to charge the former MD alongside KPA works officer Juma Chigulu.
"Manduku authorized and approved the procurement of the manufacture of concrete barriers at the Inland Container Depot, Kilindini Port and Makongeni Goods shed without an approved budget and procurement plan for the 2018/2019 Financial Year," DPP said.
Haji said there was no prior planning before engaging in the project for the manufacture of the concrete barriers.
"I have independently reviewed the evidence gathered and upon perusal of the inquiry I established that there was no requisition made for concrete barriers by the user department within KPA," he said.
Manduku is facing an array of charges, including abuse of office, wilful disobedience of statutory duty, neglect of official duty, breach of trust and conspiracy to defeat justice.
He is accused alongside Kevin Lewis, the Kenya Revenue Authority official commissioner in charge of customs and border control. Lewis was also arrested.
Manduku is accused of unlawfully recommending the gazettement of Nairobi Inland Cargo Terminal (NICT) as KPA's peripheral facility, yet the firm did not tender.
His action to endorse NICT saw seven bidders unfairly kicked out of a tender for the provision of container warehouse services for KPA in Nairobi.
