Two British nationals seek court order for release of kin’s body detained in Kenyan mortuary

Two foreign nationals have moved to court seeking urgent orders to secure the release, cremation, and repatriation of the body of a woman who died in Kenya more than a month ago and whose remains are still being held at a local mortuary.

Through lawyer Cecil Miller, Carina Joan Reeves and Dawn Marie Whetstone are asking the court to intervene, citing prolonged detention of the body, lack of immediate next of kin in Kenya, and mounting mortuary charges.

The application names the British High Commission in Nairobi, the Officer Commanding Tourist Police Mombasa, the Officer Commanding Malindi Police Station and Star Mortuary as respondents.

According to court documents, the deceased, Bashforth Margaret Christine, passed away in Kenya, and her body has remained preserved at a mortuary within the court’s jurisdiction for over 37 days.

The applicants argue that the continued retention of the body is undignified and contrary to public policy and the constitutional right to human dignity.

Ms Reeves has asked the court to formally recognise her as the next of kin for all matters relating to the cremation and repatriation of the deceased’s remains. She further seeks orders appointing Dawn Marie Whetstone as her duly authorised representative in Kenya to coordinate and complete all arrangements.

The applicants are also seeking orders compelling the immediate release of the body to either Ms Reeves or Ms Whetstone, to allow cremation in accordance with the wishes of the deceased and applicable law. They further want the court to authorise the repatriation of the cremated remains to Jersey, Channel Islands, where the next of kin resides.

In their supporting affidavit, the applicants state that the deceased did not leave behind any immediate family member present in Kenya who could lawfully make decisions regarding the disposition of her remains. They argue that court intervention is necessary to avert further delay, possible deterioration of the remains, and the continued accumulation of mortuary fees.

The applicants have urged the court to certify the matter as urgent and to dispense with service in the first instance, arguing that justice, equity, and fairness demand immediate action.