The High Court has directed that the body of a foreign woman be released and cremated after prolonged delays caused by uncertainty over who had the legal authority to act as her next of kin. The remains had been held at a mortuary for over 37 days due to the absence of an immediate family member in Kenya who could formally approve the burial arrangements.
In orders issued on January 22, 2026, Lady Justice M. Thande instructed Star Hospital in Malindi to hand over the body of Bashforth Margaret Christine to the applicant and an interested party by January 27, 2026, to allow for cremation. The court further ruled that once cremation is completed, the ashes should be kept at the deceased’s residence in Woburn.
Justice Thande also approved the inclusion of Staron Gasogo as an interested party in the proceedings. She ordered Chepkwony to surrender the keys to the deceased’s Woburn home to Gasogo upon his arrival in Malindi. All parties involved, including their legal representatives, were directed to fully cooperate to ensure the court’s orders are carried out smoothly and without further delay.
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. According to court filings, the deceased passed away in Kenya but had no close family member present locally who could legally authorize the disposal of her body. This absence created a legal vacuum, prompting several institutions to decline releasing the remains due to the lack of a clearly identified next of kin.
Through their advocate, Ceceil Miller, the applicants argued that the continued retention of the body was undignified, inconsistent with public policy, and a violation of the constitutional right to human dignity. They also highlighted the financial strain caused by mounting mortuary charges, as well as the emotional distress resulting from the prolonged delay.
Counsel informed the court that Reeves had been formally acknowledged as the next of kin for purposes of cremation and repatriation. The applicants further sought orders appointing Whetstone as an authorized representative in Kenya to oversee and conclude all logistical and legal arrangements related to the process.
Those named as respondents in the application included the British High Commission in Nairobi, the Officer Commanding the Tourist Police in Mombasa, the Officer Commanding Malindi Police Station, and Star Mortuary. Beyond seeking the immediate release of the body for cremation, the applicants also requested court approval to repatriate the cremated remains to Jersey in the Channel Islands, where the next of kin resides.
In a supporting affidavit, the applicants maintained that judicial intervention was necessary to resolve the impasse, prevent further delays, and stop the continued accumulation of mortuary fees. They emphasized that the body was being held without any lawful basis.
After considering submissions from Mwiti, representing the applicants, and Mwachio L.A., appearing 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 case for mention on April 16, 2026, for further directions.
