The ODPP cannot prosecute corruption cases forwarded by the EACC as evidence is insufficient.
Director of Public Prosecution Noordin Haji gave Senators this report on Wednesday amid an escalated war on corruption in Kenya, as directed by President Uhuru Kenyatta.
Haji said the EACC had forwarded about 57 cases on top state officers including governors, senators and MPs but that serious gaps necessitated reviews.
This means the prosecution will have to rely on defense teams and conduct further investigations, he said.
"It is unfortunate that this has to come up here. We have the cases but there is no sufficient evidence. We revert files to the prosecution and investigators for solid evidence," he told the Justice and Legal Affairs committee.
"I understand there is much pressure for investigation agencies to crack corruption cases. However, we have identified several gaps touching on oversight and lack of serious scrutiny."
The DPP noted that his office was looking at the files "with a very independent eye".
"I assure this committee that we shall not bow to any pressure. I will not take up a case that I know will fail. This would mean failing the Kenyan people and contravening the vow to protect public property," he said.
On June 5, Chief Justice David Maraga said the judiciary will focus on corruption cases as the war against the vice escalates.
He asked all relevant agencies to play their roles in investigations and present watertight cases.
EACC Chairman Eliud Wabukala has defended the agency saying it is working in synergy with other authorities in fighting corruption.
CEO Harakhe Waqo said they had been sidelined in the investigation of the second National Youth Service scandal, that concerns an amount of Sh9 billion.