The High Court in Malindi has finally broken a month-long legal stalemate by ordering the immediate release of the remains of Margaret Christine Bashforth, a 69-year-old retired British banker. The ruling, delivered by Lady Justice Mugure Thande, ends a distressing 37-day period where the body was held at Star Mortuary due to a lack of recognised next of kin in Kenya.
The Court Order
In a directive issued on January 22, 2026, the court instructed Star Hospital to release the body to authorised representatives by January 27 to facilitate a dignified cremation.
Final Wishes: Justice Thande directed that the deceased’s ashes be preserved at her residence within the Woburn Residence Club in Malindi.
Key Handover: The court further ordered an individual identified as Chepkwony to surrender the keys to the deceased’s house to Staron Gasogo, who has been joined in the suit as an interested party.
The Legal Battle
The case was brought to court under a certificate of urgency by Carina Joan Reeves (the goddaughter) and Dawn Marie Whetstone. Represented by prominent lawyer Ceceil Miller, the applicants argued that the administrative delay was a violation of constitutional dignity.
“The prolonged retention of the body without any lawful justification was not only undignified but also placed a growing financial and emotional burden on those trying to honor her final wishes,” Miller informed the court.
Margaret Christine Bashforth, a former banker who relocated to Kenya in 2005, passed away on November 30, 2025. Because she died intestate (without a will) and had no immediate family in the country, authorities were legally paralyzed regarding the disposal of her remains.
Repatriation Plans: Following the cremation, the remains are expected to be repatriated to Jersey, Channel Islands, where her next of kin resides.
Financial Toll: The applicants pointed out that the mounting mortuary fees and the emotional toll on the family made judicial intervention a necessity.
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