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Pillar

Strategic Litigation

We go to court to change the rules, not just to win the case.

The approach

Strategic litigation is a powerful tool that non-profit organisations can use to advance environmental protection.

Strategic litigation is litigation chosen for its consequences beyond the parties. Where an ordinary case ends with a judgement binding two sides, a strategic case establishes a precedent, forces an agency to act, or exposes a failure that no amount of advocacy could otherwise bring to public attention. It is one of the few tools available to civil society that compels a response: a government may decline to meet you, but it cannot decline to answer a summons.

LAPA litigates to build stronger legal frameworks for animals — frameworks that improve welfare standards, protect habitats, and support communities living alongside wildlife rather than treating them as obstacles to conservation. We select cases for their capacity to shift the law, and we prepare them on the strength of the evidence rather than the strength of the sentiment.

Litigation is what we turn to when the law is sound but ignored, when a decision-maker has acted beyond power, or when a gap in the framework can only be closed by a court. Alongside our casework, we conduct comparative legal research — examining how other jurisdictions have solved problems Kenya and its neighbours are still facing — to help government agencies strengthen and enforce the animal protection statutes already on their books.

Outputs

  • 01Landmark judgments and precedents strengthening animal welfare and habitat protection
  • 02Legal and advisory opinions on priority questions
  • 03Comparative research reports and policy briefs adopted by government agencies
  • 04Amicus interventions in cases brought by others where LAPA's expertise adds value