1. Issuer and scope#
1.1 This website, www.asayakilifi.com (the “Website”), and the ASAYA brochure, floor plans, price lists, videos, presentations, social media posts and other marketing and sales materials (together, the “Materials”) are issued by Napayian Development Limited, a company incorporated in Kenya under company number PVT-V7UABM32, with its registered office at Ruaka Drive, Building Runda, Westlands, Nairobi, Kenya; P.O. Box 21372-00100, Nairobi, Kenya (the “Developer”), in respect of the proposed ASAYA mixed-use residential development on Bofa Road, Kilifi County, Kenya (the “Development”).
1.2 By accessing or using the Website or the Materials you accept this Disclaimer. If you do not accept it, please stop using them.
1.3 This Disclaimer should be read together with the Terms of Use, the Privacy Notice and the Cookie Policy published on the Website.
2. General information only; no offer#
2.1 The Materials are provided for general information only. They do not constitute an offer, invitation, solicitation or contract to sell, or an offer capable of acceptance. A unit may be reserved or sold only under a written agreement signed by the Developer (a “Sale Agreement”).
2.2 If you enter into a Sale Agreement, that Sale Agreement governs the purchase and sale of the relevant unit. If there is any inconsistency between the Sale Agreement and this Disclaimer or any other Website Material, the Sale Agreement prevails in relation to that transaction. Any matter relating to the purchase or sale that is addressed in the Sale Agreement will be governed by the Sale Agreement, whether or not it is addressed in these Materials. Nothing in this clause limits any rights that cannot lawfully be excluded.
2.3 The Materials are not intended to constitute an offer of securities or an interest in a collective investment scheme. The legal character of any fundraising or investment arrangement depends on its substance and applicable law. Any person considering an investment arrangement must rely on its separate transaction documents and obtain independent advice.
2.4 Nothing in the Materials is financial, investment, legal, tax or other professional advice, or a recommendation to buy any property. The Materials do not take account of your objectives, financial situation or needs.
3. No representation, warranty or reliance#
3.1 The Materials have been prepared in good faith from information available at the date of publication. No representation or warranty, express or implied, is given as to their accuracy, completeness or currency.
3.2 The Materials do not form part of any contract or collateral warranty. In entering into any Sale Agreement you acknowledge that you rely only on its express terms and on your own enquiries and advice, and not on the Materials or on any statement made by the Developer, its agents, sales staff or advisers.
3.3 Under the Law of Contract Act (Cap. 23), a contract for the disposition of an interest in land must be in writing, signed by the parties and attested. No oral statement, message or email from any person binds the Developer, and no agent or sales representative has authority to vary the terms of a Sale Agreement or to make any representation not contained in it.
4. Images, illustrations and visualisations#
4.1 All images, artist’s impressions, illustrations, computer-generated visualisations, videos, drone footage, floor plans, site plans and drawings are indicative only. They are intended to give an impression of the proposed Development, are not a representation of fact, and do not form part of any contract.
4.2 Views, orientation, proximity to the ocean, landscaping, furniture, fittings, finishes, sunlight and surroundings shown or described may differ from the completed Development, and views cannot be guaranteed. Third-party developments, vegetation growth or future construction may alter views or outlook.
5. Design, specification, unit mix and areas#
5.1 The Developer reserves the right, without notice, to vary the design, layout, specifications, unit numbers and mix, finishes, fittings, materials, landscaping and phasing of the Development, including to comply with the requirements of any authority or for construction, technical or supply reasons. Any variation will be dealt with in accordance with the Sale Agreement.
5.2 Areas are stated in square metres and square feet, are approximate, and may be measured on a gross, net or other basis. Final areas will be as shown on the approved sectional plans or as stated in the Sale Agreement, and may vary from those in the Materials.
5.3 The Development is at the pre-development stage and is currently planned to comprise 117 units. The final unit mix, count and areas are subject to the final development design and the plans and approvals issued by the competent authorities.
6. Tenure, title and management#
6.1 The form of ownership, tenure and title to be transferred for each unit will be specified in the relevant Sale Agreement and supporting title documents. The Developer has not represented in these Materials that individual sectional titles have been issued or are presently available. Any intended sectional ownership and registration will be subject to the applicable law, the registered title, the approved plans and completion of the necessary registration steps.
6.2 If a management corporation or other management structure is established, purchasers will be subject to its lawful declaration, by-laws and rules and will be responsible for applicable service charges and other contributions as set out in the Sale Agreement and governing documents. The final management structure and charges will be disclosed in the transaction documents.
7. Approvals and consents#
7.1 The Development is at the pre-development stage and the Developer is in the process of seeking the requisite regulatory approvals. A status report supplied for the change-of-user process records a site visit by a registered physical planner and surveyor on 7 August 2026 and states that a property sketch was being prepared. That report does not establish that change of user or other planning, building, environmental, construction or other approvals have been granted. The Development remains subject to all approvals, licences and consents required by the competent national and county authorities.
7.2 The Developer does not warrant that any approval will be obtained on particular terms or within a particular time. The Development, or any part or phase, may be delayed, modified or not proceed if approvals are refused, delayed or withdrawn, in which case the Sale Agreement will govern the parties’ rights.
8. Amenities, facilities and services#
8.1 Amenities and services described in the Materials, including the wellness centre, spa treatment room, restaurant, swimming pool, cabanas, mini-market, fitness centre, residents’ lounge, coworking space, boardrooms, private cinema, helipad, on-site medical triage facility, internet connectivity and estate and property management, are proposed features only. They remain subject to design development, funding, regulatory approval and licensing, operator and contractor arrangements, and phasing.
8.2 Any proposed helipad, medical triage facility, restaurant, spa, wellness or retail facility is subject to the approvals, licensing, operator arrangements and other requirements applicable to that facility. A proposed medical triage facility is not represented as a hospital, emergency service or specialist medical service. Power, water and internet connectivity depend on third-party utility and service providers.
8.3 Amenities may be modified, substituted, relocated or withdrawn, may not all be available on completion, and may be subject to opening hours, rules, membership or user charges. The identity, standard and cost of any operator are not guaranteed.
8.4 Any security features or arrangements described in the Materials are proposed measures intended to enhance safety. No security system can eliminate all risk and no guarantee of personal or property safety is given.
8.5 The Developer’s project brief describes an intention to pursue EDGE certification. This is an intended objective only; the Materials do not represent that EDGE certification has been awarded. Any certification claim will be updated only when supported by confirmation from the relevant certifying body.
9. Timelines#
9.1 Any dates, construction programmes, phasing or completion timelines are estimates only and are not commitments. They depend on approvals, financing, sales, contractor performance, weather and coastal conditions, supply chains, utilities and other matters outside the Developer’s control. Binding dates, if any, appear only in the Sale Agreement.
10. Location, distances and maps#
10.1 Locations, distances, walking and travel times (including the approximate distance to Bofa Beach) and maps are approximate, not to scale, measured on a basis that may vary, and may change with road and infrastructure changes. Purchasers should inspect the site and surroundings themselves. Nearby facilities, schools, hospitals, shops, hotels and attractions shown are not part of the Development and may change or close.
11. Forward-looking statements and market information#
11.1 The Materials contain statements about the future and about markets, including statements about infrastructure upgrades (such as improvement of the Mombasa–Mtwapa–Kilifi A7 corridor), tourism recovery, demand from professionals, families and diaspora buyers, year-round demand, the relative maturity of Kilifi against other coastal markets, and the potential growth of Kilifi and Bofa.
11.2 These statements reflect current expectations, opinions and third-party information, and involve risks and uncertainties. They are not forecasts, assurances or promises. Government and third-party projects are outside the Developer’s control and may be delayed, altered or cancelled. References to other destinations (such as Diani and Vipingo) are illustrative and are not an indication that Kilifi or the Development will follow a similar path. Actual outcomes may differ materially. The Developer is under no obligation to update any such statement.
11.3 Terms such as “early-mover window” are expressions of opinion and do not indicate that any price rise or return will occur.
12. No guarantee of value, income or returns; risks#
12.1 Nothing in the Materials guarantees or predicts future property values, capital growth, rental income, occupancy, yields or returns. Property values can fall as well as rise, and past performance of any market or property is not a guide to the future.
12.2 Purchasers should consider, among other risks: illiquidity and difficulty of resale; construction and completion risk; regulatory, tax, planning and infrastructure change; interest-rate and currency movements; service charges, management and running costs; seasonality and the effect of local supply; and environmental and coastal conditions.
13. Prices, currency, taxes and costs#
13.1 Any prices are indicative, subject to availability and change, and are binding only as stated in a Sale Agreement. Prices, figures or examples stated in US dollars or any other currency are for convenience, and exchange rates may change. The currency of payment will be as stated in the Sale Agreement.
13.2 Unless stated otherwise, prices exclude taxes, stamp duty, registration and legal fees, service charges, utility connection fees and other costs, which are payable in addition and may change. Tax treatment of the purchase, holding, rental or sale of a unit depends on your circumstances, and you should obtain advice.
14. Payments and fraud warning#
14.1 Payments must be made only in accordance with a written Sale Agreement or written payment instructions issued by the Developer’s authorised advocates. Before transferring money, verify the payment instructions using the contact details stated in this Disclaimer and the Sale Agreement. Do not rely solely on a change of account details received by email or messaging application.
14.2 Beware of property and payment fraud. Verify any payment instruction by calling the Developer using the contact details stated in this Disclaimer before paying. Report suspected fraud or impersonation to fwangata@napayian.com and to the police. A payment made to an unauthorised person or account may not discharge the purchaser’s payment obligations.
15. Non-citizen and overseas purchasers#
15.1 Article 65 of the Constitution of Kenya, 2010 restricts the interests in land that non-citizens may hold, generally to leasehold tenure not exceeding 99 years. Kenyan citizens resident abroad are not non-citizens solely because they live abroad. Purchasers should obtain independent advice on eligibility, ownership structure, tax and any applicable rules in Kenya and their country of residence.
15.2 The Materials are not intended for distribution in, or to persons in, any jurisdiction where their distribution would breach local law, and the Developer does not represent that the Development may be lawfully marketed or sold in any jurisdiction other than Kenya.
16. Anti-money laundering, sanctions and verification#
16.1 Any sale is subject to satisfactory customer due diligence, including verification of identity, beneficial ownership and source of funds, in accordance with the Proceeds of Crime and Anti-Money Laundering Act, 2009 and related law and guidance, and to sanctions screening. The Developer may decline, suspend or terminate any reservation or sale, and may make reports to competent authorities, without liability where it considers this necessary or appropriate.
17. Third-party references#
17.1 References to third-party names, places, institutions, hotels, hospitals, universities, schools, businesses and projects are for location and orientation only. They do not imply any affiliation, sponsorship, endorsement or partnership. Third-party names and marks belong to their owners.
18. Independent advice#
18.1 Prospective purchasers should make their own enquiries, verify all information, inspect the site, and obtain independent legal, financial, tax and technical advice before making any decision.
19. Limitation of liability#
19.1 To the fullest extent permitted by law, the Developer and its directors, officers, employees, shareholders, advisers, agents and contractors accept no liability for any loss or damage (whether direct, indirect, consequential, or loss of profit, opportunity or value) arising from access to or reliance on the Materials or the Website, whether in contract, tort (including negligence) or otherwise.
19.2 Nothing in this Disclaimer excludes or limits liability for fraud or fraudulent misrepresentation, or any liability which cannot lawfully be excluded or limited.
20. Statutory rights#
20.1 Nothing in this Disclaimer affects any right you have under the Consumer Protection Act, 2012, Part VI of the Competition Act, 2010 or any other mandatory law, or any right that arises under a Sale Agreement.
21. Intellectual property#
21.1 All content of the Website and the Materials, including text, photographs, renderings, plans, designs, logos, the ASAYA name and branding, is owned by or licensed to the Developer and protected by law. It may not be copied, reproduced, adapted or used, except as permitted by the Terms of Use, without the Developer’s prior written consent.
22. Governing law and jurisdiction#
22.1 This Disclaimer and any non-contractual obligation arising from it are governed by the laws of Kenya. The courts of Kenya have jurisdiction over disputes concerning this Disclaimer, subject to any mandatory law and any dispute-resolution clause in a signed Sale Agreement.
23. Changes and severability#
23.1 The Developer may update this Disclaimer and the Materials at any time without notice. The version published on the Website when you access it applies. If any provision is held unenforceable, the remainder is unaffected.
24. Contact#
24.1 Napayian Development Limited, Ruaka Drive, Building Runda, Westlands, Nairobi, Kenya; P.O. Box 21372-00100, Nairobi, Kenya. Email: fwangata@napayian.com. Telephone: +254 797 042 121. Website: www.asayakilifi.com.
Short-form notice#
Issued by Napayian Development Limited (the “Developer”) in respect of the ASAYA development for general information only. Not an offer, contract or financial, investment, legal or tax advice, and not to be relied upon as such. No representation or warranty is given as to accuracy or completeness. Images, illustrations, specifications, areas, layouts, planned amenities, services and timelines are indicative and may change without notice, and the Developer reserves the right to vary the design, specification and layout. Areas, distances and maps are approximate and not to scale. Forward-looking statements are not guarantees, actual outcomes may differ materially, and nothing herein guarantees future value, rental income or returns. Third-party references are for orientation only and imply no affiliation or endorsement. To the fullest extent permitted by law, the Developer accepts no liability arising from reliance on this brochure. Any purchase is governed solely by the definitive sale agreement. Purchasers should make their own enquiries and take independent advice. Full disclaimer: www.asayakilifi.com/disclaimer