MALINDI, Kenya, Jan 23 – The High Court in Malindi has ordered the release and cremation of a British woman’s body after her remains were held at a mortuary for 37 days due to confusion over who could legally act as her next of kin.
In directions issued on Thursday, Justice Mugure Thande instructed Star Hospital to release the remains of , Bashforth Margaret Christine to the applicant and an interested party by Tuesday next week, to facilitate cremation.
The court further ordered that the ashes be kept at the deceased’ Woburn residence.
The judge also allowed Staron Gasogo to join the case as an interested party and directed that the keys to the deceased’s house be handed over to him upon arrival in Malindi.
All parties were instructed to cooperate to ensure the smooth implementation of the orders.
The case was brought by Carina Joan Reeves and Dawn Marie Whetstone through urgent notices of motion filed on January 9 and 19.
The deceased had no immediate family member in Kenya who could authorise the disposal of her remains, which led to prolonged retention in the mortuary and accumulating fees.
Lawyer Ceceil Miller told the court that the continued retention of the body was undignified, violated the constitutional right to human dignity, and caused emotional strain on the applicants.
Reeves was formally recognised as the next of kin, with Whetstone appointed as her authorised representative in Kenya to coordinate the cremation.
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.
The applicants also sought permission to repatriate the cremated remains to Jersey, Channel Islands, where the next of kin resides.
After hearing submissions, Justice Thande certified the matter as urgent, directing that responses be filed by February 5, 2026, and scheduled a mention for April 16, 2026, for further directions.
“The prolonged retention of the body was undignified and contrary to public policy,” the court noted, emphasising the need to respect human dignity while resolving legal uncertainties over next of kin.
The ruling allows the deceased’s remains to finally be cremated and repatriated, ending a month-long legal and administrative deadlock.
