The High Court has ordered the release and cremation of the body of a foreign national, Bashforth Margaret Christine, after her remains were held at a mortuary in Malindi for over 37 days due to uncertainty over her legal next of kin.
In a ruling issued on January 22, 2026, Lady Justice M. Thande directed Star Hospital in Malindi to release the remains to the applicant and an interested party by January 27, 2026, to allow for cremation. The court further ordered that the ashes be kept at the deceased’s home at Woburn residence.
The judge also permitted Staron Gasogo to be joined as an interested party in the case and instructed Chepkwony to hand over the keys to the deceased’s house to him upon arrival in Malindi.
All parties and their lawyers were instructed to cooperate to ensure smooth implementation of the court orders.
The case was initiated by Carina Joan Reeves and Dawn Marie Whetstone through urgent motions filed on January 9 and January 19, 2026. Court documents revealed that the deceased had passed away in Kenya but had no immediate family present in the country to authorize the release and disposal of her remains. This legal gap caused delays, with authorities refusing to release the body in the absence of a clearly recognized next of kin.
