The case in which a 23-year-old man is charged with killing a prison warder has been postponed after he refused to take a DNA test.

Joseph Ochieng', the main suspect in the murder of 24-year-old Pauline Wangari, opposed the application by the prosecution to have the samples taken from him.

Investigating officer Phoebe Okomo had applied for the tests before resident magistrate Violet Ochanda.

Ochanda referred the matter to High Court judge Kanyi Kimondo for determination.

The judge said, however, he could not rule on the application as no formal application had been made.

The judge ordered the prosecution to open a file at the High Court for the case to be heard while the suspect remains in custody until June 5.

The suspect, who is yet to take a plea, was arraigned alongside two others, Rogers Namukolo and Mary Amollo, on May 17.

The three were detained at Murang’a police station until May 31 after the prosecution applied for 14 more days to complete their investigations.

Resident magistrate Sheila Nyaga before whom the case was first presented also gave the prosecution a warrant to search Ochieng’s residence in Nairobi. The police were looking for household items that disappeared from the deceased’s house.

- The Star/ Alice Waithera