The Court of Appeal has given the EACC the green light to charge former Transport CS Michael Kamau with abuse of office.
The court ruled on Friday that Kamau was discharged yet he had not been acquitted as he claimed.
Kamau went to the court in a bid to stop his prosecution by the Ethics and Anti-Corruption Commission.
The former minister was booked following claims that he presided over the loss of Sh33 million meant for a road in Bungoma county.
The DPP went to the Supreme Court last week in a bid to halt a decision that quashed charges against Kamau.