And the ruling went against the Scot as he was relegated to last place, leaving just Kenny to fly the British flag in the semi-finals.
He flew the flag in style too, moving to the front as the derny swung off and pulling away on the back straight to comprehensively book a spot in the medal race.
Again all eyes turned to the commissaires in the final though, after Kenny and Azizulhasni Awang (Malaysia) went a fraction too early as the derny bike swung off.
The gun fired, meaning the race had to be restarted, with replays showing the two had overlapped the derny bike’s back wheel as it was swinging off, but before the half-lap line.
After a long delay, the decision was taken to restart the race with all six riders still in, however.
But there was another false start at the next time of trying – again a matter of fractions in it on the replay, with Joachim Eilers (Germany) the man under scrutiny this time.
Again all six remained in the race, however, and the race started for a third time – Kenny sitting third wheel as he had done on the previous two occasions.
And his tactics worked despite Eilers coming over the top to force the pace – Kenny had plenty to do on the final lap but put in a huge surge over the top.
He moved ahead on the final straight and kicked hard to the line and into the British Olympics record books.