What a Kind is just doesn't have enough certainty to hang anything on.
Including the standard argument that animals cannot evolve from one Kind to the next?
We can't know what Kind a penguin is or what Kind it has descended from. Can't know for sure whether the current "Kinds" (dog kind, cat kind) aren't, in fact, descendents of the same Kind (for instance: the four-legged kind or the multicelluar kind or the DNA bearing kind or whatever).