Why even post this, when it has nothing to do the with the case GP & OP described? It's misleading at best.
The failure here is in the way Google has set its Android development process. They keep a separate "stable" kernel, and manually select certain patches to backport to. In process they skip all kinds of patches - performance, features, and yes, security ones. Given that only selected patches are backported, the process is best described as insecure by default. It was Google's decision to favor stable API over security here.
This is compounded by the fact other Android phone vendors are pretty slow at releasing OS upgrade - and tend to stop releasing them altogether shortly after the phone's no longer manufactured.
The mainline kernel, as released by the Linux core team is up to date with security. Hold to account people that decided to skip patches as a matter of course, resulting in the insecure by default process.