The [email protected] issue is seen with pass-through audio; thus Kodi cannot resample the audio stream else you defeat the entire point of passing-through the untouched audio stream to the next device in the HDMI chain.
The correct behaviour is to reduce the video bit-depth from 12-bit to 10-bit so there is enough bandwidth for audio. Intel devs will desire this to be dynamic so the driver maximises bit-depth unless it needs to step quality down. This is more for desktop distros where the bit-depth quality of the desktop is viewed as important. It's less of a concern for LE as no broadcast media uses 12-bit depth; only some Animé content with special (non-standard) encoding so we're fine with 10-bit max. If the Intel devs come up with usable patches (or at least show serious signs of upstreaming a proper solution) I'll be prepared to accept a temporary hack patch that caps the driver at 10-bit. If there's no sign of being able to drop the patch in the future, that's not an option.