Diana Marua Faces Lawsuit Over Iconic E-Sir Instrumental
Kenyan musician Diana Marua is facing a major legal storm after being accused of using the instrumental from E-Sir’s legendary 2003 hit “Saree” in her new single “Bibi ya Tajiri.”
Lucas Bikedo, a renowned producer from the famed Ogopa DJs label, says Marua lifted the beat from the late rapper’s track without authorisation. Bikedo, who produced the original song, confirmed his intention to take legal action.
“The use of the instrumental was completely unauthorised,” Bikedo told reporters. “We are pursuing legal action to protect the intellectual property rights of the original creators.”
E-Sir, who died tragically in 2003, remains one of Kenya’s most celebrated hip-hop artists. His song “Saree” is widely regarded as a cornerstone of early 2000s Kenyan urban music—a time when Ogopa DJs helped define the country’s pop sound.
The dispute brings to light the growing conversation around copyright protection in Kenya’s music industry. While global artists have long navigated strict sampling laws, enforcement in local music scenes has often lagged behind.
In music, “sampling” refers to reusing a portion of another artist’s recording in a new track. Legally, this requires two permissions: one from the owner of the sound recording—usually the producer or record label—and another from the songwriter or publisher.
According to legal experts, failing to obtain those clearances can amount to copyright infringement, exposing an artist to stiff penalties. Under Kenya’s Copyright Act, offenders may face fines, compensation orders, or even jail time.
If found guilty, Marua could be ordered to pay damages, stop distributing the song, or remove it from streaming platforms.
The case also reignites a wider debate about artistic originality and respect for Kenya’s musical heritage. For many, E-Sir’s work is sacred ground—symbolic of an era when local talent began reshaping the country’s cultural identity.
Marua, who has branded herself as Kenya’s “richest female artist,” has yet to issue an official statement.
About the Author
