After 37 days in mortuary, two Britons seek court approval to repatriate retired banker’s remains

The body of Margaret Christine Bashforth, a 69-year-old British national who lived in Kenya, remains in a mortuary as two British citizens have petitioned the High Court in Malindi for orders to release her remains for cremation and repatriation. 

Death and legal challenge

Bashforth died on November 30, 2025, at Aga Khan Hospital in Malindi. Since then, her body has been preserved at Star Mortuary because she had no spouse, children, or known next of kin in Kenya qualified to make decisions about her final disposition. 

In a Miscellaneous Application filed before the High Court, Carina Joan Reeves and Dawn Marie Whetstone are asking the court to intervene and grant urgent orders to:

• Release the deceased’s body from the mortuary.

• Allow her cremation according to her wishes.

• Authorise repatriation of the cremated remains to Jersey, Channel Islands.

  The applicants also want the court to formally recognise Reeves as the deceased’s next of kin for these purposes and to appoint Whetstone as her authorised representative in Kenya to manage all arrangements. 

Circumstances and applicant’s arguments

According to the court papers, letters from the British High Commission in Nairobi and the Tourist Police in Mombasa indicate no relative has come forward to claim Bashforth’s remains, prompting the need for judicial authority to proceed. Reeves, who says she was the deceased’s godmother and close personal connection, states that Bashforth had expressed a clear preference for cremation and repatriation rather than burial. 

An autopsy on December 3, 2025 found the cause of death to be myocardial infarction and coronary artery disease, and there are no ongoing criminal investigations related to her death. 

The applicants argue that detaining the body for over 37 days has caused emotional distress and additional costs, asserting that the mortuary and police have refused to release the body without a court order. They describe the continued retention as undignified and contrary to public policy. 

Court process and next steps

Justice M. Thande has certified the matter as urgent and directed the application to be served on the respondents, with a mention scheduled for later in January 2026 to determine further directions. 

Verified key facts

• Deceased: Margaret Christine Bashforth, British national, died Nov 30, 2025, in Kenya. 

• Legal action: High Court in Malindi petitioned by Reeves and Whetstone for orders to release her remains for cremation and repatriation. 

• Reason: No immediate next of kin in Kenya; claimants seek legal authority to proceed. 

• Court status: Application certified urgent; further hearings scheduled.