A primary observation by the committee that investigated CS Linturi was that he had no power or authority over the production and distribution of fertiliser in Kenya.
The 11-member select committee that probed him over the fake fertiliser scandal found there were not enough grounds for his impeachment.
The committee ruled to have Agriculture PS Paul Rono and Kel Chemicals chief operations officer Devesh Patel testify in the case.
Lawyer Daniel Wangenye, executive director of the Elimisha Mwananchi Initiative (EMI), accuses CS Linturi of failing to protect farmers from exploitation.
According to the DPP, Kimote, Ngetich and Mbaya will be charged with conspiracy to defraud and abuse of office.
The minister urged Kenya to address its issues without shortcuts and questionable practices.
Other than suing the government, LSK threatened to petition Parliament to impeach CS Linturi if its demands were unmet.
Besides resolution of the health crisis, Azimio leaders want farmers compensated following the fake fertiliser scandal, and the resignation of the Health and Agriculture CSs.
The President spoke after making an impromptu visit to the National Cereal and Produce Board in Eldoret where he called for the fast distribution of fertiliser.
The National Council of Churches of Kenya (NCCK) says drastic actions must follow the health workers' strike, the fake fertiliser scandal, and the increase in road carnage.
Those involved will be thoroughly investigated and punished for puttting food production at risk and derailing Kenya's economic progress, CS says.
The lawmakers want to establish how the substandard fertiliser passed quality tests and ended up on the market.
