LOL! First of all, why do you assume your opponent chooses a number at random? And far more importantly, why does that matter at all?
It would be quite a bit harder to avoid 2 if he did NOT choose randomly after all.
As the kata description clearly states the player who has to make a move with 2 cakes left on the table loses. Always.
No luck here, my friend - just eat your cakes with reservation! This, by far, is one of the more well written and enjoyable katas I've stumbled upon.

It's really a matter of contention, so it makes sense to define it so it's not ambiguous -- kind of like natural numbers being non-negative integers or integers greater than zero.

Yes, I think it's a shortcoming of the description and tests that 33:75 is a valid time.

I did it so it would appear as an unique solution. :P