NAIROBI, Kenya- The High Court has ordered the release and cremation of the body of a foreign national whose remains had been held at a mortuary in Malindi for more than 37 days due to uncertainty over who could legally act as her next of kin.
In directions issued on January 22, 2026, M. Thande, sitting at the High Court, directed Star Hospital in Malindi to release the remains of Bashforth Margaret Christine to the applicants and an interested party by January 27, 2026, to enable cremation.
The court further ordered that the deceased’s ashes be kept at her residence in Woburn following the cremation.
Justice Thande also allowed Staron Gasogo to be enjoined in the proceedings as an interested party and directed Chepkwony to hand over the keys to the deceased’s house to him upon his arrival in Malindi.
All parties and their advocates were instructed to cooperate fully to ensure smooth compliance with the court orders.
The case was brought by Carina Joan Reeves and Dawn Marie Whetstone through urgent Notices of Motion dated January 9 and January 19, 2026.
Court filings indicate that the deceased died in Kenya without an immediate family member present in the country to authorise the disposal of her remains.
This absence created a legal impasse, with authorities declining to release the body due to the lack of a clearly recognised next of kin.
Through their advocate Ceceil Miller, the applicants argued that the prolonged retention of the body was undignified, contrary to public policy, and a violation of the constitutional right to human dignity.
They also cited the mounting mortuary fees and the emotional distress caused by the delay.
Counsel urged the court to formally recognise Reeves as the deceased’s next of kin for purposes of cremation and repatriation, and to appoint Whetstone as her authorised representative in Kenya to coordinate all logistical arrangements.
The suit named the British High Commission in Nairobi, the Officer Commanding Tourist Police in Mombasa, the Officer Commanding Malindi Police Station, and Star Mortuary as respondents.
In addition to seeking the immediate release of the body, the applicants asked the court to authorise the repatriation of the cremated remains to Jersey in the Channel Islands, where the next of kin resides.
In a supporting affidavit, the applicants maintained that judicial intervention was necessary to break the stalemate, prevent further delay, and stop the continued accumulation of mortuary charges, arguing that the body was being held without lawful justification.
After hearing submissions from Mwiti for the applicants and Ms Mwachio L.A. for the interested party, Justice Thande certified the matter as urgent.
The court directed that responses be filed and served by February 5, 2026, and scheduled the matter for mention on April 16, 2026, for further directions.
