Safe neighborhood in Gilgil or Naivasha

Gilgil; the area around Pembroke School has a large expat community.  Naivasha South Lake likewise, though land is very costly........if you can find any.

We have a place at Green Park, which is a large estate off Moi North Lake Road, Naivasha.  There are a number of 5 acre plots on sale (around 12 million, land only, I believe).  However the estate is extremely secure, being fully fenced and the setting is pretty special too.

Be aware that unless the title is wholly in your wife name, you cannot buy or own land gazetted as 'agricultural' and can only own residential plots/houses on a leasehold basis.

Thanks for your answer.  On this issue, "Be aware that unless the title is wholly in your wife name, you cannot buy or own land gazetted as 'agricultural' and can only own residential plots/houses on a leasehold basis", our lawyer, who is experienced with respect to such issues, tells us otherwise.

Get a new lawyer!  How do you know that your lawyer is experienced........by reputation, or because s/he told you?

My wife (who is Kenyan) and I have bought (and sold) 9 pieces of land & property over the last few years.  Some of this was gazetted as agricultural and for these, the title had to be in my wife's name only, because foreigners cant own agricultural land.  When it came to selling though, I had to swear an affidavit that I freely gave permission for the land to be sold.  This is a usual procedure to attempt to mitigate sales based on false titles.

When it comes to land and property gazetted as 'residential', the law changed with the new constitution.  Previously, foreigners could own property and land on a freehold basis.  This is no longer the case.  A foreigner can purchase freehold land & property, but Land Registry will convert the title to leasehold, based on a 99 year lease.  This also applies to a joint title.

One other thing; whatever your lawyer advises, NEVER give them the deposit to hold, pending sale completion.  Safeguard your money.  One method which we have used is to open a joint account with the seller, for which you must both sign to release funds.  The deposit is held in the joint account until sale completion. 

Make sure a thorough and proper search against the title has been carried out and ensure that the seller gives you a full scan, or copy of the title and make sure you have sight of this, rather than just your lawyer. 

From personal experience, both my wife and I would tend to go for land with property, then improve/personalise the property.  At least, that way, you can live in the property while parts of it are worked on.  For example, we bought a fairly run down (but liveable) property in Thika and built a large extension, plus other improvements. The extension was built first, while we lived in the original house, then we moved into the extension while the remainder of the property was renovated.

Build costs are very high, particularly cost of stones and cement, plus transport of the same.  For your areas  of choice, the materials have to come some distance (if I am not mistaken).  The project will always cost more than you think it will.  It's quite difficult to find a quality fundi (contractor) and you need to be present to supervise them.  If the fundi doesn't have another contract they will 'buy time' by working progressively more slowly as the project nears completion.  If they have another contract, they may well attempt to taken on the completion of yours and the commencement of the new contract.

What Longonot62 is saying is true. The land has to be under your wife's name because she is Kenyan. If you'd like to buy land, then you'd have to get Citizenship by Marriage so that you are deemed Kenyan. That lawyer may mess you up if you aren't careful. I have been helping Expats get the right documentation and information for a quick, systematic and comfortable transition into Kenya.

For any information, kindly contact me.

Regards

You are so right. This is the information that is necessary to help Expats live and enjoy Kenya comfortably.