Guess it's just the way we have nominated Mpigs who never goes through the hustle of wooing voters

he was the second across the finishing line ukishinda watu KCPE lazima ukuwe ulisoma kutoka std 1?

the worst thing for him is if he claimed to be no. 2 and wanted 'his money'. If he finished no. 2 and kept mum as people processed him angekuwa safe... but him running on a public road is not an offence.

Angeulizwa angesema he was the second across the finish line... lol!

He does not even have the physique of a marathon runner. I am not sure he has even featured in any road races ever. That alone is a dead giveway. And the speed with which he finished with so signs of fatigue is hillarious especially when you consider that the race was being run at high altitude. This jamaa did not even bother to do basic homework.

indeed... that does not make it criminal - right? coz doping itself is not criminal...

I think the worst they can do is deny him the price... what he did was despicable but not criminal. He came in second but did not follow the rules of the race so he is disqualified.

I am no lawyer but if his defence says HE FINISHED 2ND - which is a fact! he crossed the line as the second person, he was a member of the set of people registered to start the race and he did and he finished the race... it's the middle bit that he did not comply with. What he failed to do is comply with all laws of the sport (same as doping or getting assistance from outside e.g. getting a boda boda to carry you). It would have been false pretence if he came and said he finished second and he did not... but in this case HE ACTUALLY DID! he just wasn't compliant to the rules of the sport. if that is the case footballers who fake injuries to get penalties which make their teams win the said sport should be charged with false pretence. My argument is FALSE PRETENCE SHOULD NOT COVER SPORTS AND THE BEHAVIOUR OF THE PLAYERS WITHIN THE SPORT. coz that is a hornet's nest... where does it stop? coz the object of each sport is to win 'something capable of being stolen'

let us consider 4 items
1) the football worldcup trophy
2) an olympic gold medal
3) a stash of cash totaling 650k
4) the 21km medal from the standard chartered half marathon race

From where I stand - all the above are 'stealable' - do you agree?

All the above are to be gained in some form of competitive exercise (also known as a game/race/sport). Each sport determines the rules of engagement and how to determine who to give each of the above. For the worldcup... it's goals, for the stash of cash and the olympic medal - it's position of finishing and finally for the 21km medal - it's just finishing the race. There are other rules within the sports that determine whether a goal is legitimate or whether a finish is valid. We have had scenarios where all the 4 above have been obtained by people who have deliberately broken the rules of the sports. The 1986 worldcup was given to Argentina after Maradona used his hand (the hand of God) to score the winning goal, Ben Johnson and others like Marion Jones doped and beat clean athletes to win Olympic goal, Last weekend Njogu started the race.... removed himself from the race then came back to it towards the end and finished 2nd and finally during the 21km race a huge number of people found the distance to be too long and they cut corners but still went and claimed their finisher's medal. The rules of the games clearly state what needs to be done incase someone 'games' the system... for football... it's nothing! for doping it's withdrawal of the medal and giving it to the next clean guy and banning them for X years, for standard chartered? it's refusing to give the cheat the stash of cash and giving it to the next person who complied with all the rules. Why is Njogu's case different? Why does it become a criminal offence?

The case of beating up the ref is clear cut... if an action is illegal outside the confines of sport and illegal within the confines of sport - it's criminal regardless of where you do it. The case of illegal drugs like cocaine comes to mind when this is discussed as well as opposed to the use steroids that are being sold in shops and chemists. The rules of a sport say you should not be on a certain list of drugs but if the law of the land does not bar it - you can use it outside the confines of sports and not land in jail. In the case of running... if it was outside the confines of sports... could someone running and overtaking someone who has been running for much longer be considered an offence? No! since there are no such rules governing that... Can someone be jailed for scoring with their hand while alone in a pitch or during a PE lesson? could someone running to Simba union and back be arrested for deciding it's too far and turning back halfway through? Of course not that's ridiculous. Could someone be arrested for beating up a person while in a football pitch? of course! why? he broke the law of the land!

Sport rules are not laws... breaking and not complying with them should not be considered an criminal offence. Njogu broke a sport's law similar to Maradona running around an claiming that goal, similar to Ben Johnson claiming that gold, similar to a tonne of people turning back on forest road and presenting themselves as 'race finishers'

There are cases of things being illegal outside the confines of sports and legal within sports such as punching people in the face (known as boxing), assaulting people until they pass out known as cage fighting e.t.c. Can someone fill a P3 for being punched senseless in a boxing ring? You see! for it to be a criminal offence the action has to be illegal inside and outside the confines of sport. Running and overtaking people who have been running for 42kms is not illegal outside the confines of sport and can not be considered a criminal offence just because it was done within a sporting event that was competing for a 'stealable' object AKA a trophy (which could include money or even a certificate)..

i referred to football matches. and you specifically refer to football matches where there is prize money. not all football matches involve prize money. a penalty in all football matches would lead to a possibility of a goal which may lead to a draw, a win or an extra goal. those are not capable of being stolen.

your post, as stated above deals with football matches where there is a prize money (which is another thing altogether). good luck proving intent to obtain though - a player may have a different intent for diving.

same as if one falsely claims to have completed a race where there is nothing capable of being stolen (like prize money) then one can't be guilty of attempting to obtain.

however if there is prize money (as in this case and which i was addressing) and someone lies and then tries to get the said prize then of course one would be guilty of attempting to obtain.

na mimi siyo wakili.

yeah it's all same to diving, scoring with the hand, doping... making a black bishop cross to the white side and 'eat' your piece, hiding yourself after starting and sprinting to the finish all done in order to win the trophy!

The way I understand false pretence is if he pretended to be second... he did not pretend to be second - he was second! he cheated his way to second place. If you showed up and said you were second - that would be false pretence. Similar to someone showing up at the worldcup and pretending to be Maradona with a view to be given his cup.

Anyway.... from where I stand - sport offences are not criminal offences unless they are offences outside the field. Njogu the sportsman was just cheated to get to second position.

A person can indeed be arrested for offences committed on the field. Many many years ago, a Kenya army soldier playing for the Isiolo army team in the national league was arrested and sentenced for punching referee Williams Ngaah on the field after Ngaah had given him a red card.

Also Njogu blatantly lied that not only did he finish 2nd in the race, but he ran the entire 42km. Arresting him is the right step. If he lies to authorities again then he can be charged for that.

That's how Marion Jones went to prison.
I do not know Kenyan law that well. But making false statements to police should be a crime. It is in many countries.

Technicalities aside, Njogu should be punished because at the very leasst, his behaviour brings disrepute to the nation at worst he is fraudulent. We need a deterrent for fraudsters.