The post by @l0lest and Euge are the most plausible accounts of events that may nail Obado

They talk of a bald man = Ombeta can claim Obado is not bald. For someone to call you bald in the dark it clearly means you have no hair.

Communication with the suspects on phone doesn't prove much, you could have been sending me messages while you are committing the acts.

What will nail Obado, remember the prosecution has to prove their case beyond reasonable doubt.

1. Money transfers for procured services - that can be an uphill to prove Obado can claim that he was giving a loan etc.

2. BTS data. Even if your phones location settings are off, your cell phone registers it's self on the nearest cell tower ensuring that you never miss a call. So the DCI can get this data from Safcom or any other mobile subscribers out there. Ombeta on the other hand can claim Obados phone was stolen, depending on how Obado acted on that eventful day , a lost phone can introduce doubt to a claim.

Now if the DCI does not have enough evidence a mistrial might happen, then trying him again can almost be impossible because Ombeta will claim double jeopardy.

Think about it

The post by @l0lest and Euge are the most plausible accounts of events that may nail Obado

They talk of a bald man = Ombeta can claim Obado is not bald. For someone to call you bald in the dark it clearly means you have no hair.

Communication with the suspects on phone doesn't prove much, you could have been sending me messages while you are committing the acts.

What will nail Obado, remember the prosecution has to prove their case beyond reasonable doubt.

1. Money transfers for procured services - that can be an uphill to prove Obado can claim that he was giving a loan etc.

2. BTS data. Even if your phones location settings are off, your cell phone registers it's self on the nearest cell tower ensuring that you never miss a call. So the DCI can get this data from Safcom or any other mobile subscribers out there. Ombeta on the other hand can claim Obados phone was stolen, depending on how Obado acted on that eventful day , a lost phone can introduce doubt to a claim.

Now if the DCI does not have enough evidence a mistrial might happen, then trying him again can almost be impossible because Ombeta will claim double jeopardy.

Think about it

those are probably theories that kaka2za's first year law students would come up with. and that is why they are still in first year. coz their legal 'reasoning' is all bullshit.
for a start if your phone is linked to a crime and it is conveniently 'stolen' after the fact without you having reported it stolen before you realise what shit you are in then you can't use the stolen line. forget about the fact that the bts data will show that the stolen phone also went home with you. lets not get started on money transfer to killers being loans.
on bald men, assuming the stories are true, if the witnesses identification of obado were not based on recognition then an identification parade was probably held.