An arrest warrant has been issued for the owners of the dam in western Kenya that burst in May, killing 47 people.
Milmet Dam was breached after heavy rains sweeping away homes across a vast area near the town of Solai, 190km from the capital, Nairobi,
The owners of dam, which is also known as Patel Dam as it is on Patel Farm, will be charged with manslaughter.
Noordin Haji, the director of public prosecution, said investigations had revealed that it had been constructed by unqualified staff.
The BBC’s Ruth Nesoba in Nairobi says senior county officials are also being sought for neglect of duty.
Much of the area downstream of the dam was completely devastated as power lines, homes and buildings were carried away by the fast-running water.
A secondary school was also flooded and a primary school swept away.
In the wake of the flooding, the water authority had said the dam had been built illegally, but the farm’s general manager denied the accusation.