The DPP has appealed against the acquittal of seven parliamentary staff accused of conspiring to steal Sh70.6 million.
In an application filed at the High Court on Monday, the DPP termed the dismissal of the case as "unlawful, irregular and without justification".
"We request this Court to call for and examine the record in the aforesaid proceedings so as to satisfy itself and pronounce on the legality or propriety of the findings and orders as well as the regularity of the proceedings giving rise thereto," senior assistant DPP Daniel Karuri said.
The staff faced nine charges including abuse of office, conspiracy to commit a felony and preparing documents without authority.
The offences are alleged to have been committed between July 2013 and June 30, 2016.
The accused were Samuel Obudo (finance), Mary Gathiga (finance), and Keith Musyoka (procurement).
Others were David Mulinge (procurement), Alloys Tinega (stores), George Arum (internal audit), and Benjamin Njagi (stores).
Last Thursday, Chief magistrate Daniel Ogembo struck out the Charge Sheet and discharged the accused under section 89(5) of the Criminal Procedure Code without hearing a single witness.
Ogembo cited alleged violation of the their right to a fair trial after the prosecution failed to supply them with some documents.
But the DPP said the magistrate had no powers to purport to interpret the Constitution as he did in acquitting the suspects.
They want the court to set the orders aside and direct the case to proceed to full hearing.
The Prosecution argues that their office instituted criminal proceedings against the seven on November 10, 2015, having been satisfied of the offences against them.
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"The court admitted the charge sheet as properly disclosing offences recognised by law and no objection was raised by the accused persons regarding any formal defect in the Charge sheet," Karuri said.