An examination of the relevant WTO document http://bit.ly/16SQhPy shows that Kenya has a pretty clear-cut case that procedures were violated when the EU was allowed to express five preferences in the first round of DG selection, such that it could effectively ensure the elimination of African candidates from the race. The document in question refers to the importance of strict compliance with procedure and clearly states that Members are to submit four positive preferences. It also prohibits strictly and without qualification "negative preferences". This shows the importance of limiting positive preferences to four, since if there were no effective limit on positive preferences a Member could circumvent very easily the rule against "negative preferences." That seems to be just exactly what the EU was doing in effect.