Kenyan Court Expedites Case to Repatriate Briton Who Died with No Traceable Kin
The High Court in Malindi has fast-tracked a legally sensitive case concerning the remains of a British national who died in Kenya over a month ago, as her goddaughter seeks urgent permission to carry out her final wishes in the absence of any traceable next of kin.
In directions issued by Honourable Lady Justice M. Thande on 12 January, the court ordered that an application by Carina Joan Reeves and Dawn Marie Whetstone be served immediately, with responses due by 20 January ahead of a mention for further directions on 22 January.
The application centres on the late Margaret Christine Bashforth, a 69-year-old British citizen who passed away at Aga Khan Hospital in Malindi on 30 November 2025. Her body has since been preserved at Star Mortuary in the coastal town. A post-mortem examination conducted on 3 December concluded the cause of death was a myocardial infarction and coronary artery disease, with no pending police investigations.
The central legal hurdle is the confirmed absence of any known next of kin. In a letter dated 17 December 2025, the British High Commission in Nairobi stated, “Despite extensive searches, we have been unable to locate any Next of Kin or a Point of Contact for Margaret.” This position was echoed by the Tourist Police in Mombasa, who in a 6 January communication advised the applicants’ lawyers that “the purpose of this letter, therefore, is to advise you to seek a court order to enable you to move forward with the disposal of the remains of the deceased.”
Faced with this bureaucratic requirement, Ms Reeves, who identifies as the deceased’s goddaughter and closest surviving connection, initiated legal proceedings through Advocate Cecil G. Miller of Miller & Company Advocates. The application seeks several orders from the court, including recognising Carina Joan Reeves as the lawful next of kin for the purpose of disposing of the remains and appointing Dawn Marie Whetstone, a friend of the deceased based in Malindi, as her authorised representative in Kenya to handle all logistics.
Critically, the applicants ask the court to authorise the cremation of the body and the repatriation of the ashes to Jersey, in the Channel Islands, where Ms Reeves resides. Supporting affidavits claim the deceased had “expressly indicated her wish not to be buried and preferred cremation and repatriation.” The applicants have undertaken to bear all associated costs.
In a certificate of urgency filed to justify hearing the matter during the court vacation, Advocate Cecil Miller argued that the prolonged retention of the body was unsustainable. “The continued retention of the deceased’s body at the mortuary serves no lawful or practical purpose and is undignified, distressing and contrary to public health considerations,” Miller certified.
He emphasised that more than 37 days had elapsed since the death, and further delay would cause prejudice and undermine the dignity owed to the deceased. The supporting affidavit from Carina Reeves details a long-standing, close relationship, with the deceased acting as a maternal figure throughout her life. Dawn Whetstone, in her sworn statement, confirmed her role as the local facilitator and provided evidence of her planned departure from Kenya on 12 January, adding another layer of time pressure to the proceedings.
