Ultimate Family Holiday Destination

FAQs Buying a House

FAQs Buying a House

Questions about the location

Where is Mount Kenya Wildlife Estate (at Ol Pejeta) located?

The Mount Kenya Wildlife Estate, referred to as the Wildlife Estate, is on the eastern boundary of the Ol Pejeta Conservancy which is approximately 10 km due west of Nanyuki Town, in Laikipia District. It is some 3 hours drive north of Nairobi.

Where can I find out information about the Ol Pejeta Conservancy?

Please refer to the Conservancy’s website, www.olpejetaconservancy.org which provides detailed information about the Conservancy’s activities, main contacts etc.

What species of game can I expect to see on the Wildlife Estate?

The larger plains game likely to be found on the Wildlife Estate include Zebra, Waterbuck, Impala, Thompson’s Gazelle, Bushbuck, Warthog. Rare species include Grevy’s Zebra and Jackson’s Hartebeest.

What species of birds can I expect to see on the Wildlife Estate?

The range of birdlife is too vast to list here. On the Ol Pejeta Conservancy, a total of 500 bird species have been recorded, and the  majority of these may well turn up on the Wildlife Estate. Frequently seen raptors include; Fish Eagles, Tawny Eagles and Crested Eagles. Ducks and wading birds such as Egyptian Geese, Crested Cranes and Saddlebill storks have also been spotted on or around the dams.

Is it safe to walk around the Wildlife Estate?

The Wildlife Estate will be safe to walk through on foot without a guide or weapon, as dangerous species such as Buffalo and Lion will be fenced out. However, as always, a degree of common sense is required when walking through the bush.

How does one access the Mount Kenya Wildlife Estate and are the roads tarred?

The Mount Kenya Wildlife Estate is accessed from the main Nanyuki/Rumuruti road, which is partly tarred and partly murram/all-weather gravel. It is due to be fully tarred in the mid-term.

Where is the nearest hospital located?

Nanyuki Cottage Hospital is approximately 40 minutes away by car, in Nanyuki Town.

Is Nanyuki a malaria area?

No. The odd case of malaria, usually brought from other areas of Kenya, has been recorded but the mosquito which carries malaria does not thrive in the area.

What is there to do in the area?

The Nanyuki Sports Club is open for new membership and provides a nine-hole golf course.  Several operators provide horse-riding nearby and the Mount Kenya Safari Club is approximately a 30 minute drive away from the Wildlife Estate.  The Wildlife Estate is adjacent to the world famous Ol Pejeta Conservancy, and  home owners together with up to 9 of their nominees can access the Conservancy with the benefit of a 60% discount on the standard tariffs. There are a number good of restaurants in the vicinity including “Moranis” located on the Ol Pejeta Conservancy, an ideal spot for roast Sunday lunches. A new 18 hole golf course with associated recreational facilities is under construction at Enaai, some 6 Km from the Wildlife Estate.

Is there an airstrip on the Wildlife Estate that I can use?

There is no airstrip on the Wildlife Estate. Private planes can land at Nanyuki airstrip, and on Ol Pejeta Conservancy subject to prior agreement.

Questions about the purchase and ownership

Please explain what a ‘Footprint' is?

A footprint is the parcel/plot of land on which your house is to be built. This is personal to you and you own and have exclusive possession to your house. You and the other home owners also have a share in the ownership of the Wildlife Estate which consists of the balance of approx.1,000 acres.

How many houses are being built?

The maximum number of houses to be built is 100, and the minimum, 66.

What is the legal process if I want to buy a property on the Wildlife Estate?

Once you have decided that you wish to purchase a house on the Wildlife Estate, and are comfortable with the terms and conditions attached to doing so, you will be asked to sign a reservation letter. This letter sets out the main terms of your purchase, including the plot number, price and payment schedule. At the same time, you will be required to pay a commitment fee of Ksh.3 Million. Thereafter, you will be asked to sign a sale agreement being a legal contract between you and the vendor.

What type of legal title document will I receive following acquisition of my footprint?

You will acquire a leasehold interest in the property by way of a registered lease upon which the Lands Registry will issue/endorse an I.R (Inland Registry) number on the lease making that a legal title to the plot/footprint. Using this title document, you can borrow and banks will accept the registered lease as security. The endorsed lease will be proof of your title and should you wish to sell, the buyer will have their name(s) endorsed at the bottom of the same, therefore, effecting the change.

Can I apply for a mortgage to buy this property?

Yes, you can apply for a mortgage. Of course, you will be required to communicate/consult with the vendor/vendor’s advocate and a lending institution prior to entering into the sale agreement. The lending institution will first be required to confirm their lending offer to you and the same offer must be communicated to the vendor’s advocate, who will proceed with the transaction accordingly.

What are the terms of ownership?

Each property is owned as a leasehold tenure of 99 years only. Upon the expiry of the 99 year term, the lease can be renewed.

What happens if I cannot continue paying the lease premium/purchase price after signing the sale agreement?

If you fail to pay the lease premium/purchase price after execution of the sale agreement by both parties then, in accordance with paragraph 15 of the reservation letter, you would then forfeit 10% of the lease premium/purchase price. However, any disbursements paid by you (for example, the share consideration or stamp duty etc) that have not been utilised shall be returned to you. The vendor has the right to look for an alternative purchaser and sell the property to that new purchaser before returning any amounts due to you.

Can a non-Kenyan citizen buy this land?

Yes. The new Constitution only prohibits a foreigner from owning freehold land. Each buyer will be issued a long-term lease of 99 years.

How long is the lease?

Your lease is anticipated to be issued for a duration of 99 years. However, the 99 year term will commence from the date on which the Lands Registry issues the head title to the Wildlife Estate. Therefore, by the time the lease is registered in your name i.e. after the date of completion, a period of time will have elapsed in respect of your lease. Therefore, strictly speaking you will, in practice, receive a lease for the number of years remaining on the lease at the time the lease is registered which will be just less than 99 years.

How do we renew the lease?

Usually, prior to the expiry of your 99 year lease, an application to the Kenyan Government will be made for the renewal/extension head lease. Upon this being granted, your sub-lease will also be renewed/extended.

Can I change the sale agreement terms?

No. The terms are standard to all purchasers to ensure consistency.

Why do I pay a portion of the vendor’s advocate’s fees?

The buyer is required to pay a portion of the vendor’s advocates’ administration and handling fee, disbursements and VAT, being 0.75% of the lease premium (purchase price) for preparing the sale agreement, the lease and registration of the same. This proportion will need to be paid on the completion date. The buyer is responsible for payment of stamp duty and registration charges to be incurred in connection with the stamping and registration of the lease.

Will there be a service charge and what does it cover?

As a home owner, you will benefit from a wide range of estate management services provided for you. These include 24 hour security (with a guard house and patrols), road repair and maintenance within the entire Wildlife Estate including club house and pool, upkeep of paths and tracks, maintenance of the borehole and water reticulation system, maintenance of the perimeter fence and wildlife management. The cost of this will be shared equally amongst all home owners, and is currently estimated to be in the region of Ksh.240,000 per annum; the Home Owners Association, of which you would eventually become a member of, will determine the levy structure at their annual general meeting and a statement of service charge payable by you will be provided.

A portion of the service charge will be paid to the Ol Pejeta Wildlife Conservancy to maintain the Conservancy as well as the fences and security. Game research will also be conducted in relation to the game on the Conservancy; home owners will receive regular updates in this regard.

Will I have a say in managing the Estate as a member of the Home Owners Association?

Yes. As a shareholder and in accordance with the Memorandum and Articles of Association, each member shall have the right to vote at meetings of the Home Owners’ Association. Each member will have the opportunity to stand for being a director of the Home Owners’ Association and will have the right to vote in respect of certain management issues.

What is the significance of having two classes of shares i.e. class A and class B?

Ol Pejeta will be class A shareholders. Class B shareholders will be the home owners who will acquire an interest in the Wildlife Estate following acquisition of their respective footprints and acquisition of their respective share. Class B shareholders will have a right to vote in respect of management issues to the exclusion of the class A shareholders to ensure that the Wildlife Estate is being managed in accordance with home owner’s expectations but both class A and class B shareholders can vote in relation to other matters regarding the Wildlife Estate.

The Wildlife Estate forms an integral part of the entire Conservancy and the primary reason why Ol Pejeta wishes to be involved in the Home Owners’ Association is to ensure the integrity of the Conservancy’s original vision is upheld and their voting rights will reflect this purpose.

The classification of shares was given to distinguish between home owners on the one hand who have a right to vote in respect of management issues etc and Ol Pejeta on the other hand who will not vote in respect of certain management issues but will get a right to vote in respect of matters which affect the Conservancy.

What do I do if a neighbour annoys me?

The Wildlife Estate is managed by a Home Owners Association, to whom all issues of this nature shall be addressed.

If I am a non-Kenyan citizen, are there any tax implications of acquiring a share in the Home Owners Association?

No. At present there is no Capital Gains Tax in Kenya. Hence, under current legislation, the acquisition of a share in the Home Owners’ Association is not taxable.

If I want to sell my property are there any restrictions?

Each owner is free to sell their property as they wish. However, it should be noted that the Home Owners’ Rules will apply equally to all subsequent purchasers, who ought to be made aware of these rules prior to any such sale.

Can I let out my house to paying guests?

This is allowed though subject to some restrictions. Holiday lets or longer term tenancies are acceptable, but “Hotel” type use is not permitted. All occupants will be obliged to adhere to the Home Owners’ Rules and breach of the same will be dealt with accordingly by the Home Owners’ Association.

Are there any additional costs involved in owning a property on the Wildlife Estate?

Electricity and water in the home will be for the owners’ individual accounts. Should property rates and taxes ever be levied over the property/footprint, then these would also be for the Home Owners’ accounts.

Questions about the the wildlife estate

How will the Wildlife Estate be managed?

A Home Owners Association has been established to manage the Wildlife Estate. Following purchase of a footprint, each of you will become a member of the Home Owners Association in accordance with the sale agreement.

How do I access the Conservancy?

There will be a private gate into the Conservancy (please see the estate Plan) for the use of owners and their guests. Owners of a 3 bedroom unit will receive 6 concessionary passes; owners of a 5 bedroom unit will receive 10 passes. Holders of such passes will be given a discount of 60% on the standard entry tariffs charged by the Conservancy.

Can I use a quad bike/off road motorbike / go-cart on the Wildlife Estate?

No.  Due to the nature of the development, no excessive noise will be allowed; this precludes the use of quad bikes and any off-road motorbikes. These may only be used to exit or access the Wildlife Estate.  Push bikes are a great way to get around the Wildlife Estate.

How is the Wildlife Estate going to be secured?

The entire perimeter of the Conservancy has an electric game fence. Security personnel, who are likely to be employees of the Ol Pejeta Conservancy, will be stationed within the Wildlife Estate under the centralized command of the Conservancy.  These personnel will be responsible for regular patrols, fence monitoring etc.  All of the security assets controlled by the Conservancy will be availed to secure the Wildlife Estate.

Are pets allowed on the Wildlife Estate?

Pets are not encouraged on the Estate. However, dogs are permitted provided they are kept on leads at all times. This is to preserve the safety of the pet as well as other owners, residents and wildlife.

Is there accommodation for staff on the Wildlife Estate?

A limited amount of staff housing will be provided in a compound on the estate. There will be approx. 10 rooms available for short term hire. Additionally, permanent residents may buy or rent accommodation for an ayah, though domestic staff e.g. cooks and cleaners for permanent residents will be expected to commute to work from off the Wildlife Estate.

Questions about the building and architecture

When will my house be ready for occupation?

Building work on the site commenced in October 2012. Houses in Release 1 (Units 1.1 – 1.16) are due to be complete by February 2014, Release 2 houses (1.17 – 1.31) by March 2014, Release 3 houses (2.1 – 2.18) by May 2014, and Release 4 (2.19 – 2.35) by August 2014. However, should these dates change the developer will give you adequate notice.

Can I extend my home?

No. Houses cannot be extended. This is to ensure that the character of the Wildlife Estate is retained and to avoid the nuisance of contractors on site.

Can I make changes to the design before it is built?

No. The Sale Agreement will be executed in accordance with the annexed plans. The developers and vendor envisage that the two options of a 3 or a 4/5 bedroom will adequately take into consideration most purchasers’ requirements.

How much water storage is there in each house?

Each house has water storage of up to 200 gallons of water and, in addition, 120,000 liters will be stored in the Wildlife Estate’s central tank.

How will water be supplied?

Water will be supplied to each house via a borehole into a central overhead tank.

Is electricity supplied?

The electricity to each house will be supplied via the Kenya Power and Lighting Corporation direct. The cost of this electricity will be calculated using the individual house meter according to each house’s usage and the same is payable to KPLC direct.

Can I install a generator?

No.  The Vendor believes the noise of generators would create too much noise pollution on the Estate.  Generators are not an environmentally friendly source of power and the Wildlife Estate wants to promote sustainability as much as possible.  Inverters are now more energy efficient, cheaper, environmentally friendly and more appropriate.

Can I fence my property?

No. This is, primarily, a wildlife estate and, as much as possible, game is to be allowed to roam at will. Fences around each house go against the concept of open space.

Can I plant a garden?

There is no prohibition to planting indigenous trees and tending the flora around your house, however, fenced gardens will not be allowed, and owners are reminded that this is a wildlife estate; animals are likely to eat anything that looks particularly green and tender!

What do I do if faults develop in my house after I have purchased it?

The sale agreement between the purchaser and the vendor makes provision whereby, after construction is complete, the vendor will rectify any defects to the property. However, the purchaser will be given six months from the date of completion during which they must report these defects to the vendor. These defects are then assessed by the Vendor’s architect and rectified as necessary. However, after the expiration of the six month period, the vendor will no longer be liable to rectify any latent defects and, as such, the costs of doing so will lie with the Purchaser.

Can I build a swimming pool?

No. The Home Owners’ Rules strictly prohibit the construction of individual swimming pools. The vendor’s decision to prohibit buyers building their own swimming pools was primarily due to respect for water scarcity, environmental sustainability and due to the presence of animals on the Wildlife Estate.

Will there be a club house and what facilities will it have?

Yes. The club house will consist of a 20 meter swimming pool, large terrace bar and full ablution facilities. The maintenance of the club house will be reflected in the service charge payable annually.