By Andrew Kariuki
The High Court has issued procedural directions permitting the filing and service of an urgent application concerning the body of a British national currently preserved at a mortuary in Malindi.
In orders issued during the court vacation, the court certified the matter as urgent and authorised the applicants to formally file and serve their application on all listed respondents for an inter parties hearing.
The court, however, did not grant any orders for the release, cremation, repatriation or disposal of the body at this stage, noting that those substantive issues will be determined after all parties have been served and heard.
The application relates to the estate of Margaret Christine Bashforth, a British citizen who died in Malindi.
Her body remains preserved at Star Mortuary, Malindi, which is named as one of the respondents in the matter.
The application was filed by Carina Joan Reeves and Dawn Marie Whetstone, who are represented by advocate Cecil Miller.
Through the application, the applicants are seeking court orders compelling the release of the body, permission for cremation and repatriation of the remains to the United Kingdom.
According to the application placed before the court, a post-mortem examination was conducted and attributed the cause of death to myocardial infarction and coronary artery disease.
The applicants further state that there are no pending criminal investigations or legal processes necessitating the continued retention of the body.
In issuing the interim directions, the court emphasised that its orders were purely procedural and intended to ensure proper service and participation of all parties before any final determination is made.
The respondents named in the proceedings include the British High Commission in Nairobi, the Officer Commanding Tourist Police Mombasa, the Officer Commanding Malindi Police Station, and Star Mortuary.
The application will be heard on a date to be fixed after service, at which point the court will consider whether to grant the substantive orders sought by the applicants regarding the release, cremation and repatriation of the deceased’s remains.
