The High Court in Malindi has moved with speed to hear a case involving the remains of a British national who died in Kenya without any identifiable relatives, as her goddaughter seeks court authority to honor her final wishes.
Justice M. Thande issued directions on January 12 ordering that a formal application filed by Carina Joan Reeves and Dawn Marie Whetstone be served without delay. Parties were directed to file responses by January 20, ahead of a court mention set for January 22 for further directions.
The matter relates to the death of Margaret Christine Bashforth, a 69-year-old British citizen who passed away on November 30, 2025, while receiving treatment at Aga Khan Hospital in Malindi. Her body has remained at Star Mortuary since her death. A postmortem conducted on December 3 confirmed she died from a heart attack linked to coronary artery disease. Authorities confirmed there are no pending police inquiries.
The case arose after it was established that Bashforth had no traceable next of kin. In correspondence dated December 17, 2025, the British High Commission in Nairobi confirmed that all efforts to identify a next of kin had failed. The Tourist Police in Mombasa later advised the applicants to obtain a court order to proceed with the disposal of the remains.
Following this advice, Reeves, who describes herself as the deceased’s goddaughter and closest surviving connection, moved to court through advocate Cecil G. Miller of Miller & Company Advocates. The application asks the court to formally recognize Reeves as the lawful next of kin solely for purposes of burial arrangements. It also seeks the appointment of Dawn Marie Whetstone, a Malindi-based friend of the deceased, as the authorised local representative to manage all related processes in Kenya.
The applicants are seeking permission to cremate the body and have the ashes transported to Jersey in the Channel Islands, where Reeves lives. Court documents state that Bashforth had clearly expressed her preference for cremation and repatriation rather than burial. Reeves and Whetstone have committed to meeting all costs involved.
In a certificate of urgency filed during the court recess, advocate Miller argued that continued storage of the body was unjustified and degrading. He stated that retaining the remains served no legal purpose and raised concerns related to dignity and public health.
Miller noted that more than 37 days had passed since the death and warned that further delay would cause unnecessary distress. Reeves, in her affidavit, described a lifelong bond with the deceased, whom she regarded as a maternal figure. Whetstone confirmed her role in coordinating local arrangements and informed the court of her planned departure from Kenya on January 12, adding urgency to the request.
The court is expected to issue further directions after the scheduled mention later this month.
