Court orders cremation of Briton’s body in Malindi mortuary
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The High Court ordered the release and cremation of the body of a foreign national after uncertainty over who could legally act as her next of kin caused her remains to be held at a mortuary for more than 37 days.
In directions issued on January 22, 2026, Lady Justice Mugure Thande ordered Star Hospital in Malindi to release the remains of Bashforth Margaret Christine to the applicant and an interested party by January 27, 2026, to facilitate cremation.
The court further directed that the ashes be kept at the deceased’s house at Woburn residence.
The judge also allowed Staron Gasogo to be joined in the case as an interested party and ordered Chepkwony to release the keys to the deceased’s house to him upon his arrival in Malindi.
All parties and their advocates were directed to cooperate to ensure the smooth implementation of the orders.
The case was filed by Carina Joan Reeves and Dawn Marie Whetstone through urgent Notices of Motion dated January 9 and January 19, 2026.
Court documents show that the deceased died in Kenya but did not have an immediate family member present in the country who could authorise the disposal of her remains. This led to delays, with various authorities declining to release the body in the absence of a clearly recognised next of kin.
The applicants, through lawyer Ceceil Miller, told the court that the prolonged retention of the body was undignified and contrary to public policy, and that it violated the constitutional right to human dignity.
They further pointed to the growing financial burden caused by accumulating mortuary fees and the emotional toll of the delay.
Lawyer Miller told the court that they formally recognised Reeves as the next of kin for purposes of cremation and repatriation of the deceased’s remains.
She also sought orders appointing Whetstone as her authorised representative in Kenya to coordinate and finalise all necessary arrangements.
The application named the British High Commission in Nairobi, the Officer Commanding Tourist Police Mombasa, the Officer Commanding Malindi Police Station and Star Mortuary as respondents.
In addition to seeking the immediate release of the body for cremation, the applicants asked the court to authorise the repatriation of the cremated remains to Jersey, Channel Islands, where the next of kin resides.
In a supporting affidavit, they argued that court intervention was necessary to unlock the stalemate, avert further delay and stop the continued accumulation of mortuary charges, noting that the body was being held without any lawful justification.
After hearing submissions from Mwiti for the applicant and Mwachio L.A. for the interested party, Justice Thande certified the matter as urgent.
The court directed that responses to the applications be filed and served by February 5, 2026, and set the matter for mention on April 16, 2026, for further directions.