By Andrew Kariuki
The High Court has granted orders allowing the release, cremation and repatriation of the remains of Carina Joan, a British national, whose body has been held at a Malindi mortuary for over a month.
In orders issued after an urgent application, the court directed that the body of the late Margaret Christine Bashforth, a British citizen who died while in Kenya, be released to her representatives for cremation and repatriation to the United Kingdom.
The application was filed by Carina Joan Reeves and Dawn Marie Whetstone, who told the court that Bashforth passed away on November 30, 2025 and her body has since been preserved at Star Mortuary in Malindi.
Court documents indicate that a post-mortem examination had already been conducted, establishing the cause of death as myocardial infarction and coronary artery disease.
The applicants argued that there were no pending investigations or legal barriers justifying continued detention of the body.
Through their advocate, Cecil Miller, the applicants told the court that the deceased was not married, had no children and had no known next of kin in Kenya.
They further stated that Bashforth had clearly expressed her wish not to be buried and preferred cremation, with her ashes returned to the United Kingdom or Jersey.
The court was also informed that more than thirty-seven days had elapsed since her death, and the continued retention of the body was causing unnecessary distress, additional mortuary costs and was contrary to human dignity.
Justice Thande, handling the matter allowed the application, authorising the immediate release of the body to the applicants or their appointed representative.
The court further granted permission for the cremation process to proceed and for the remains to be repatriated in accordance with applicable laws and regulations.
The orders were issued during the court vacation period after the judge was satisfied that the matter was urgent and touched on public health, dignity of the deceased and the proper administration of justice.
Respondents in the case included the British High Commission in Nairobi, the Officer Commanding Tourist Police Mombasa, the Officer Commanding Malindi Police Station and Star Mortuary.
The court directed that costs of the application be in the cause.
