The High Court in Nairobi has ordered the release and cremation of the body of Bashforth Margaret Christine, a foreign national whose remains had been held at a Malindi mortuary for more than 37 days due to uncertainty over next-of-kin authorization.
Court Directions
In directions issued on January 22, 2026, Lady Justice M. Thande instructed Star Hospital in Malindi to release the deceased’s remains 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. Justice Thande 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 arrival in Malindi.
All parties and their advocates were directed to cooperate to ensure smooth implementation of the orders.
Background of the Case
The petition was filed by Carina Joan Reeves and Dawn Marie Whetstone through urgent Notices of Motion dated January 9 and January 19, 2026.
Court documents revealed that the deceased died in Kenya without an immediate family member present to authorise the disposal of her remains. This gap led to delays, with authorities declining to release the body in the absence of a clearly recognised next of kin.
Applicants’ Arguments
Represented by lawyer Ceceil Miller, the applicants argued that the prolonged retention of the body was undignified, contrary to public policy, and violated the constitutional right to human dignity.
They highlighted the growing financial burden caused by accumulating mortuary fees and the emotional toll of the delay. Miller told the court that Reeves was formally recognised as the next of kin for purposes of cremation and repatriation, while Whetstone was appointed as her authorised representative in Kenya to coordinate 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.
Repatriation Request
In addition to seeking immediate release of the body for cremation, the applicants asked the court to authorise 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 lawful justification.
Court’s Decision
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.
Conclusion
The ruling underscores the importance of judicial intervention in resolving disputes over next-of-kin recognition, particularly in cases involving foreign nationals. By ordering the release and cremation of Bashforth Margaret Christine’s body, the High Court has sought to restore dignity to the deceased while easing the emotional and financial burden on those left behind.
