The High Court has ordered the release of the body of a foreign national that had remained at a Malindi mortuary for more than 37 days following a dispute over who was legally entitled to oversee her final arrangements.
In directions issued on January 22, 2026, Lady Justice M. Thande instructed Star Hospital in Malindi to hand over the remains of the late Margaret Christine Bashforth to the applicant and an interested party by January 27, 2026, to allow cremation to proceed.
The applicants, through lawyer Cecil Miller, told the court that the prolonged retention of the body was undignified and contrary to public policy, and that it violated the constitutional right to human dignity.
The court further directed that after the cremation, the deceased’s ashes be preserved at her residence in Woburn Estate, Malindi.
The judge was informed that after Bashforth’s death, disagreements emerged among people close to her regarding next-of-kin status and decision-making authority.
The unresolved dispute led the hospital to retain the body at the mortuary as parties sought court intervention to resolve the impasse.
To enable execution of the orders, the court allowed Staron Gasogo to be formally included in the case as an interested party.
Justice Thande also ordered Chepkwony, who was holding the keys to the deceased’s home, to hand them over to Gasogo upon his arrival in Malindi, allowing access to the house.
In issuing the directions, the court stressed the importance of cooperation among all parties and their lawyers to ensure the orders are implemented without delay, noting that the continued holding of the body was neither appropriate nor desirable.
The decision ends weeks of uncertainty surrounding the deceased’s remains and allows her final rites to move forward.
