Issue 06 · 30 October 2026. Legal and policy developments shaping Kwale County, and what they mean for the sectors that drive it. This newsletter tracks new, upcoming and ongoing legal and policy decisions affecting Kwale County, and what they mean economically across key sectors.
Trade and Investment
Bamburi Cement clinker plant, Matuga
The government has announced plans to break ground for a new clinker manufacturing plant by Bamburi Cement Plc in Matuga, Kwale County, in approximately three weeks from 27 October 2026. The announcement was made during the groundbreaking ceremony for Devki Group’s cement and clinker plant in Ngaaie, Kitui County. The proposed Matuga facility represents a major private-sector investment in Kwale’s industrial development and forms part of the government’s broader strategy to increase domestic production of construction materials and reduce reliance on imported clinker.
The project is valued at approximately US$250 million (KSh 32 billion). In December 2025, Bamburi Cement signed an engineering, procurement and construction contract with China-based Sinoma CBMI Construction Co. Ltd for the development of the facility. The plant is designed to produce approximately 1.6 million tonnes of clinker annually, equivalent to a daily production capacity of about 5,000 tonnes. According to the project information, Bamburi’s annual clinker production capacity is expected to increase from 1 million to 2.6 million tonnes, while its cement production capacity is projected to rise from approximately 1.8 million to 4 million tonnes annually. The facility is expected to incorporate modern production technology aimed at improving energy efficiency and reducing emissions.
As of 29 October 2026, the project has an established contractual foundation and has received a public commitment from the President to preside over its groundbreaking. However, the announced groundbreaking should not be confused with the commencement or completion of construction. The available information does not confirm that groundbreaking has taken place, nor does it provide a definitive construction completion or commissioning date. The next significant development to monitor is the formal launch of construction, followed by implementation progress and the eventual commencement of production.
Impact
By increasing domestic clinker production, the project is intended to reduce Bamburi Cement’s reliance on imported raw materials and its exposure to international price fluctuations and foreign exchange pressures. Greater local production could strengthen supply security for Kenya’s cement industry and support demand arising from housing and infrastructure projects. For Kwale, this would reinforce the county’s role in national manufacturing and construction supply chains, although the direct benefits to county revenue will depend on the applicable tax framework and the company’s actual operations.
The project is expected to create employment opportunities during construction and subsequent operations. Construction will require labor across various trades, while the operational phase is likely to generate demand for technical personnel, engineers, plant operators, maintenance workers and administrative staff. Local recruitment could increase household incomes and improve livelihoods in Matuga and neighboring areas. The scale of this benefit will, however, depend on the number of jobs created and the extent to which Kwale residents are prioritized for suitable positions.
The plant could create new opportunities for local enterprises supplying transport, construction materials, equipment, food, accommodation and other support services. Increased demand from the project may benefit small and medium-sized businesses, including contractors and service providers. Deliberate efforts to involve local suppliers would help ensure that a meaningful share of the KSh 32 billion investment translates into economic activity within Kwale rather than being concentrated among external contractors and suppliers.
The investment could strengthen Kwale’s position as an industrial destination, complementing the county’s existing tourism, mining and agricultural activities. A large-scale manufacturing facility may attract related businesses, encourage investment in technical training and expand opportunities for skilled labor. Over time, these developments could diversify the county’s economic base and reduce dependence on a narrower range of industries and sources of income.
The establishment of a major manufacturing facility may increase demand for reliable roads, electricity, water and other essential services. Improvements in these areas, where undertaken to support the project, could also benefit surrounding communities and other businesses. The investment may further signal confidence in Kwale’s industrial potential, encouraging additional investors to consider the county. However, these wider benefits will depend on the infrastructure developed, the capacity of existing public services and the extent to which improvements serve both the factory and local communities.
Despite its economic potential, clinker manufacturing requires careful management of emissions, energy consumption, resource use and other environmental risks. The project’s anticipated use of modern, lower-emission technologies will need to be assessed against its actual environmental performance. Effective environmental safeguards, meaningful community engagement and compliance with regulatory requirements will be essential to ensure that industrial growth does not undermine local livelihoods or environmental quality.
National Trade Development Bill, 2025
Status: draft legislation under review following public participation.
Public participation period: 3–11 February 2026.
The National Trade Development Bill, 2025 seeks to address these concerns by establishing a comprehensive legal and institutional framework for the development, facilitation, promotion and regulation of domestic and international trade. Developed by the State Department for Trade under the Ministry of Investments, Trade and Industry, the Bill builds on the objectives of the Kenya National Trade Policy, 2017, which seeks to create a competitive, export-led economy supported by an efficient domestic market. Unlike a policy, which sets out government priorities, the proposed legislation would establish a statutory framework for coordinating and implementing trade development measures.
The State Department for Trade conducted nationwide public participation from 3 to 11 February 2026, inviting businesses, county governments, civil society and members of the public to comment on the draft. The consultation process has since moved into the technical review stage. In September 2026, the State Department reported that a technical team was reviewing stakeholder feedback and adjusting the draft. The Bill was still undergoing review in October 2026, when a further workshop involving the State Department and the Office of the Attorney-General examined its provisions, legal drafting and consistency with existing laws.
The Bill must operate within the division of functions established by Article 186 and the Fourth Schedule to the Constitution. While international trade and national trade policy fall primarily under the national government, counties are responsible for local trade development, markets and relevant licensing functions. Articles 6(2) and 10 emphasize cooperation between governments, transparency and public participation.
The proposed county trade committees could improve coordination, but their effectiveness will depend on whether counties have meaningful representation and influence. Harmonizing trade regulation should reduce unnecessary duplication without undermining Kwale County’s constitutional responsibilities or lawful revenue collection.
Impact
- Reducing the cost of doing business: The proposed harmonization of licensing and charges affecting inter-county trade could benefit Kwale traders transporting goods between the county and Mombasa. Simpler and more predictable requirements could reduce compliance costs, particularly for small traders and transport businesses. However, the final law must distinguish unnecessary duplication from legitimate county charges for services.
- Agricultural trade and value addition: Provisions on agricultural trade, market access and trade finance could support Kwale’s cashew, coconut and fruit value chains. Better access to market information and export support may help producers identify buyers and explore processing opportunities. These benefits would depend on complementary infrastructure, financing and product-quality standards.
- Regional and international markets: Kwale’s proximity to Tanzania and its access to coastal trade routes create opportunities for businesses seeking regional markets. Improved export coordination and trade information could benefit agricultural producers, fisheries-related enterprises and manufacturers. However, the Bill would not automatically remove customs requirements or guarantee access to export finance.
- Digital trade and enterprise development: The proposed National Trade Portal could make licensing information, market intelligence and trade requirements easier to access. The proposed Academy could strengthen digital commerce and business skills among young entrepreneurs, market traders and tourism-linked businesses. Their impact would depend on accessibility, adequate funding and practical training.
- County planning and revenue: Better coordination could help Kwale align its enterprise programmes with national trade initiatives. However, changes to licensing and charges could affect county own-source revenue. The county will need to balance reducing unnecessary barriers with maintaining the revenue required to provide markets and other local services.
Lands, Public Works, Housing and Urban Development
On 28 October 2026, the County Government of Kwale advertised a tender for consultancy services to regularise land tenure within Boyani Trading Centre in Kubo South Ward. The proposed exercise will involve physical planning, surveying and registration of land, with bids due by 4 November 2026 under Tender No. 2657119/2026/2027. The initiative is intended to improve the identification, documentation and administration of land within the trading centre.
Impact
The proposed exercise could help clarify land boundaries and establish more reliable records of land ownership and interests within Boyani Trading Centre. Unclear boundaries and incomplete land records can contribute to disputes, complicate property transactions and create uncertainty for residents and businesses. By undertaking planning, surveying and registration, the county could improve the documentation of individual parcels and provide a clearer basis for managing land rights.
The initiative could also support the orderly growth of Boyani Trading Centre by helping the county coordinate land use and future development. Reliable land records may give residents and business owners greater certainty when planning improvements to their properties or considering long-term investments, subject to applicable legal requirements. For the county, improved land information could assist in development planning and the administration of land-related services.
Agriculture and Livestock
The Agricultural Marketing Strategy 2023–2032 (AMS 2023–2032)
The Agricultural Marketing Strategy (AMS 2023–2032) was formulated under the Ministry of Agriculture and Livestock Development in line with Kenya Vision 2030, the Agriculture Sector Transformation and Growth Strategy (ASTGS) and the Bottom-Up Economic Transformation Agenda (BETA). The strategy addresses systemic marketing challenges that have historically depressed farmer incomes and limited market competitiveness.
The core objective of AMS 2023–2032 is transforming Kenya’s agricultural sector from subsistence practice to commercially viable and market-driven value chains. By establishing market infrastructure, warehouse receipting systems and standards compliance, the strategy aims to increase farmer earnings, reduce post-harvest losses and secure better domestic and export market share.
Kwale possesses rich agricultural potential spanning diverse ecological zones; from the fertile inlands of Matuga and Shimba Hills to the semi-arid lowlands of Kinango and Samburu. Agriculture continues to be the primary source of livelihood for a majority of the county’s population. However, farmers have continued to face market access hurdles, exploitation by middle-men and high post-harvest losses and low value-addition options.
Impact and implementation
Under the AMS 2023–2032 localized implementation plan in conjunction with the Kwale Agricultural Sector Development Support Program (ASDP II), the county has prioritized the following value chains to accelerate commercial development:
- Fruit processing plant in Dzombo Lunga Lunga that processes mangoes, passion and oranges into juices and wines.
- Industrial processing of coconut oil, virgin oil and coco-peat activated carbon and packaged coconut water.
- Establishment of feedlots, construction of modern abattoirs and meat value addition.
- Commercialization of poultry rearing, egg aggregation and disease-controlled meat processing.
- Processing cassava into commercial starch, industrial flour and livestock feed formulations.
Strategic adaptations to drought — experience of a Kwale livestock farmer
Featured in an episode of Earthwise by NTV Kenya this past week, a Kwale livestock farmer, Matt Muthama, explained how he has managed to adopt climate resilient methods on their 600-acre ranch enabling the growth of their livestock numbers over the past six years. Key highlights from the feature:
- Water-First Engineering: the ranch operates on the principle that “understanding your water” must precede managing the land. They built a one-hectare water dam that successfully sustains the farm for seven months.
- Strip grazing method: to protect the land from being grazed bare, the ranch is split into farming blocks to allow the land to rest. The animals rotate to a new block every two days rather than wandering freely.
- Fodder substitution: since natural pasture is no longer sufficient, they cultivate their own fodder, including maize and Lucerne.
- Cross-breeding: the farm relies on resilient crossbreeds — predominantly Boran cattle crossed with Limousin — alongside hardy Galla goats.
A crucial take-away from this feature is that this private ranch operates the only Goat Dip in the county. A dip is a medicated bath that is used to treat and prevent external parasites and skin conditions in livestock. Goat farming is one of the county’s major agricultural activities; while there are public cattle dips, it is incumbent on the county government to build goat dips for small-holder goat farmers as a way to mitigate spread of pests and diseases.
Tourism and Wildlife
The Government has launched Thamani Asili, a ten-year conservation programme backed by US$160 million in public and philanthropic funding. The programme will initially focus on four priority landscapes, including Tsavo-to-Coastal, with interventions targeting ecosystem management, human–wildlife conflict, water catchment protection and sustainable community enterprises.
Impact
For Kwale, conservation of the Tsavo-to-Coastal landscape is closely tied to the protection of wildlife habitats, water resources and the natural environment that supports the county’s tourism sector. Shimba Hills National Reserve and the Mwaluganje Elephant Sanctuary are important wildlife destinations, while the county’s coastal and marine ecosystems underpin its beach and marine tourism. Effective ecosystem management and stronger responses to human–wildlife conflict are therefore important to protecting wildlife, sustaining tourism and reducing the pressures faced by communities living alongside wildlife.
The programme’s focus on sustainable community enterprises also speaks to the role of local communities in conservation. Nature-based enterprises, including ecotourism, can connect wildlife protection with local employment and income generation, particularly for young people and women. The County’s key consideration will be how the programme’s Tsavo-to-Coastal interventions are implemented and how local conservation areas and communities are incorporated into that work.
Mining and Blue Economy
National Blue Economy Strategy 2025–2030: what it means for Kwale County
Ministry of Mining, Blue Economy and Maritime Affairs · strategy period 2025 to 2030 · unveiled 26 February 2026 · position as at 29 October 2026
The Strategy is the national plan for growing earnings from fisheries, aquaculture, shipping and other ocean activity. It aims to raise annual blue economy earnings from about KSh 40 billion to KSh 350 billion by 2030, and fish production from 163,000 tonnes to over 450,000 tonnes within five years. It sits within the Ministry’s Strategic Plan 2023–2027.
Its measures include turning Beach Management Units into cooperatives, vessel monitoring to curb illegal fishing, a rule that at least 45% of the crew on locally registered vessels be Kenyan, and new landing sites and cold-chain facilities. A Marine Spatial Plan, an Aquaculture Policy and a Tuna Management Strategy are listed as instruments still under review.
Impact on Kwale County
- Landing sites: Kwale is one of five coastal counties (with Mombasa, Kilifi, Tana River and Lamu) sharing KSh 1 billion for fish landing sites.
- Shimoni Fish Port: the port is financed at about KSh 2.7 billion under the Strategy. On 17 March 2026 it was reported to have been opened to investors under a public-private partnership on a landlord model.
- Local facilities already in place: the KSh 256 million Mwaepe landing site and the KSh 129.6 million Msambweni cold store, ice plant and vessel, commissioned on 3 August 2026.
- Fisher groups: Kwale’s Beach Management Units are among the 82 registered across Mombasa, Kwale, Kilifi and Lamu. The plan to convert BMUs into cooperatives would change how they are organised and financed.
Questions on any of this week’s developments?
Speak to your MMS Advocates relationship partner, or contact the firm at info@mmsadvocates.co.ke or +254 (0) 748 998 904.
This publication reflects the law and publicly available sources as at the date of publication, which may change and have not been independently verified. Views on policy are the authors’ own. © 2026 MMS Advocates. This publication may be shared in full with attribution, but not altered.
