Two British nationals are seeking High Court orders to have the body of a retired banker who died 37 days ago released to them for repatriation and burial in the United Kingdom.
The late Margaret Christine Bashforth, 69, had relocated to Kenya 20 years ago to enjoy her retirement from a banking career. She moved to the East African country in 2005.
The two applicants, Carina Joan Reeves and Dawn Marie Whetstone, are urging the High Court of Kenya to issue orders compelling the police and a mortuary to release the body of the deceased for interment.
Carina and Dawn state that they have been mandated by relatives of the deceased to receive the body of Margaret Christine Bashforth for disposal. They are also close relatives of the deceased, who died intestate (without a valid legal will).
The deceased, who was unmarried and had no children, died on November 30, 2025, at Aga Khan Hospital. Her body is preserved at Star Mortuary in Malindi, Kilifi County.
“I hereby direct lawyer Cecil Miller to serve the suit papers on the British High Commission in Kenya and the Officer Commanding Tourist Police Mombasa for expeditious determination of this case, which I certify as urgent,” a judge ruled.
The court directed Mr Miller, acting for the two British nationals, to ensure personal service of the suit papers is effected by January 20, 2026, to enable the British High Commission and the police to file their responses.
Carina and Dawn have 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 are seeking urgent orders for the release, cremation and repatriation of the body and remains of the late Margaret Christine Bashforth, which has been lying at Star Mortuary Malindi since November 30, 2025,” Mr Miller informed the court in a petition filed under a certificate of urgency.
The lawyer stated that an autopsy had been conducted and the cause of death established as myocardial infarction and coronary artery disease.
Further evidence filed in court disclosed that the deceased, during her lifetime, had clearly and consistently expressed her wish not to be buried, indicating a preference for cremation and repatriation of her remains to the United Kingdom or Jersey.
The two applicants told the High Court that they had vested authority in Mr Miller to pursue all other interests of the deceased.
“More than 37 days have now lapsed since the death of the deceased and, unless the court intervenes urgently, the continued detention of the body will occasion unnecessary delay and indignity, thereby prejudicing the applicants and undermining the dignity of the deceased,” Mr Miller states in an affidavit supporting the case.
Both Carina and Dawn have demonstrated readiness and willingness to meet all costs associated with cremation, documentation, storage, transportation and repatriation of the deceased’s remains.
The court was told that Dawn Marie Whetstone was nominated by Carina Joan Reeves to act on her behalf in Kenya to facilitate and complete all necessary arrangements.
Carina, who resides in Britain, disclosed that the deceased was her godmother and that they shared a longstanding relationship.
“By reason of this relationship, I am well acquainted with her personal circumstances, family status and general affairs,” Carina states in a supporting affidavit sent from Britain to Mr Miller for consideration by the High Court in Kenya.
“In accordance with the directions of the Tourist Police in Mombasa requiring a court order for the release of the body, I deemed it necessary to appoint Dawn in Kenya to act on my behalf and liaise with the relevant authorities and service providers,” Ms Reeves avers.
The case has been certified urgent by the vacation judge and listed for further directions on January 22, 2026.
