By Andrew Kariuki
The High Court has authorised the release and cremation of the body of a British national whose remains had been held at a Malindi mortuary for more than 37 days due to uncertainty over who was legally entitled to act as her next of kin.
In directions issued on January 22, 2026, Lady Justice Mugure Thande ordered Star Hospital in Malindi to release the remains of the late Margaret Christine Bashforth to the applicant and an interested party by January 27, 2026, to allow cremation to proceed.
The court further directed that the ashes be kept at the deceased’s residence at Woburn Estate in Malindi.
Justice Thande also allowed Staron Gasogo to be joined in the proceedings as an interested party and ordered Chepkwony, who was holding the keys to the deceased’s house, to hand them over to Gasogo upon his arrival in Malindi.
All parties and their advocates were directed to cooperate to ensure the orders are implemented smoothly.
The matter was brought before the court by Carina Joan Reeves and Dawn Marie Whetstone through urgent Notices of Motion dated January 9 and January 19, 2026.
Court filings show that Bashforth died in Kenya without an immediate family member present in the country to authorise the disposal of her remains.
This gap led to delays, with various authorities declining to release the body in the absence of a clearly recognised next of kin.
“The continued holding of the deceased’s body is undignified, contrary to public policy and violates the constitutional right to human dignity,” the applicants told the court through their advocate, Ceceil Miller.
They also highlighted the growing financial burden caused by accumulating mortuary charges and the emotional distress resulting from the delay.
Miller informed the court that Reeves had been formally recognised as the next of kin for purposes of cremation and repatriation of the deceased’s remains.
She also sought orders appointing Whetstone as the 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 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, the applicants argued that court intervention was necessary to resolve the prolonged legal and administrative stalemate, prevent further delays and stop the continued accumulation of mortuary fees, noting that the body was being held without 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 scheduled the matter for mention on April 16, 2026, for further directions.
The ruling brings to an end a weeks-long impasse that had left the deceased’s body in a mortuary while legal and administrative issues remained unresolved.
